Misplaced Pages

#994005

59-467: The Irish Republican Army ( IRA ) is a name used by various resistance organisations in Ireland throughout the 20th and 21st centuries. Organisations by this name have been dedicated to anti-imperialism through Irish republicanism , the belief that all of Ireland should be an independent republic free from British colonial rule. The original Irish Republican Army (1919–1922) , often now referred to as

118-494: A right to resist occupation. According to Joint Publication 1-02, the United States Department of Defense defines a resistance movement as "an organized effort by some portion of the civil population of a country to resist the legally established government or an occupying power and to disrupt civil order and stability". In strict military terminology, a resistance movement is simply that; it seeks to resist (change)

177-447: A belligerent nation are excluded from protection in both locations. On whether the definition of military occupation applies to anywhere else, the 2023 United States Department of Defense (DOD)'s Law of War Manual states "the law of belligerent occupation generally does not apply to (1) mere invasion; (2) liberation of friendly territory; (3) non-international armed conflict; or (4) post-war situations (except for certain provisions of

236-537: A military occupation and violates internationally agreed-upon norms runs the risk of censure, criticism, or condemnation. In the contemporary era, the practices of occupations have largely become a part of customary international law , and form a part of the law of war . Since World War II and the establishment of the United Nations , it has been common practice in international law for occupied territory to continue to be widely recognized as occupied in cases where

295-784: A movement meeting the definition prior to World War II might be considered by some to be an anachronism . However, such movements existed prior to World War II (albeit often called by different names), and there have been many after it – for example in struggles against colonialism and foreign military occupations. "Resistance" has become a generic term that has been used to designate underground resistance movements in any country. Resistance movements can include any irregular armed force that rises up against an enforced or established authority, government , or administration . This frequently includes groups that consider themselves to be resisting tyranny or dictatorship . Some resistance movements are underground organizations engaged in

354-644: A similar fire accident at Triangle Shirtwaist Company, New York, 1911, killing 146 workers, which caused a labor resistance by 100,000 people. He argued that no resistance took place in response to the fire accident in Hamlet because most of the people who died there were black and women workers, and he believed that not only class but also other identities such as race, gender, and sexuality were important factors in understanding nature and outcome of resistance. For an effective resistance, he proposed that four tasks should be undertaken: First, social justice must be defined from

413-490: A struggle for national liberation in a country under military occupation or totalitarian domination. Tactics of resistance movements against a constituted authority range from nonviolent resistance and civil disobedience , to guerrilla warfare and terrorism , or even conventional warfare if the resistance movement is powerful enough. Any government facing violent acts from a resistance movement usually condemns such acts as terrorism , even when such attacks target only

472-438: Is a specific section covering the issue. Under GCIV, protected civilians in general are: Nationals of an enemy state not a signatory or acceded to GCIV are not protected by it. Neutral citizens who are in the home territory of a belligerent nation if their country of origin has diplomatic ties or elsewhere outside occupied territory are not protected. Nationals of a co-belligerent (allied) state which holds diplomatic ties with

531-479: Is an officially recognized category by the Indian government covering those who took part in the country's independence movement ; people in this category (can also include dependant family members) get pensions and other benefits like special railway counters. People described as freedom fighters are often also called assassins , rebels , insurgents or terrorists . This leads to the aphorism "one man's terrorist

590-600: Is another man's freedom fighter". The degree to which this occurs depends on a variety of factors specific to the struggle in which a given freedom fighter group is engaged. During the Cold War , the term freedom fighter was first used with reference to the Hungarian rebels in 1956. Ronald Reagan picked up the term to explain America's support of rebels in countries controlled by communist states or otherwise perceived to be under

649-412: Is another term for those engaged in a struggle to achieve political freedom for themselves or obtain freedom for others. Though the literal meaning of the words could include "anyone who fights for the cause of freedom", in common use it may be restricted to those who are actively involved in an armed rebellion, rather than those who campaign for freedom by peaceful means, or those who fight violently for

SECTION 10

#1732837514995

708-413: Is called military government . There does not have to be a formal announcement of the beginning of a military government, nor is there any requirement of a specific number of people to be in place, for an occupation to commence. Birkhimer writes: No proclamation of part of the victorious commander is necessary to the lawful inauguration and enforcement of military government. That government results from

767-689: Is categorized as "power". In fact, they believe that resistance has its own characteristics and spatialities. In Steve Pile's (1997) "Opposition, Political Identities and Spaces of Resistance", geographies of resistance show: That people are positioned differently in unequal and multiple power relationships, that more or less powerful people are active in the constitution of unfolding relationships of authority, meaning and identity, that these activities are contingent, ambiguous and awkwardly situated, but that resistance seeks to occupy, deploy and create alternative spatialities from those defined through oppression and exploitation. From this perspective, assumptions about

826-739: Is not always about the dominated versus the dominator, the exploited versus the exploiter, or the oppressed versus the oppressor. There are various forms of resistance for various reasons, which then can be, again, classified as violent and nonviolent resistance (and "other" which is unclear). Different geographical spaces can also make different forms of resistance possible or impossible and more effective or less effective. Furthermore, in order to understand any resistance – its capacity to achieve its objective effectively, its success or failure – we need to take closely into account many variables, such as political identities, cultural identities, class, race, gender and so on. The reason

885-502: Is often taken for granted that resistance takes place where domination, power, or oppression occurs and so resistance is often understood as something that always opposes to power or domination. However, some scholars believe and argue that looking at resistance in relation to only power and domination does not provide a full understanding of the actual nature of resistance. Not all power, domination, or oppression leads to resistance, and not all cases of resistance are against or to oppose what

944-473: Is temporary hostile control exerted by a ruling power's military apparatus over a sovereign territory that is outside of the legal boundaries of that ruling power's own sovereign territory. The controlled territory is called occupied territory, and the ruling power is called the occupant . Occupation's intended temporary nature distinguishes it from annexation and colonialism . The occupant often establishes military rule to facilitate administration of

1003-474: Is that these variations can define the nature and outcome of resistance. Harvey (1993), who looked at resistance in relations to capitalist economic exploitation, took on a fire accident happened in the Imperial Foods chicken processing plant in Hamlet, North Carolina in 1991, in which 20 of 200 workers were killed and 56 were injured due to poor working conditions and protections. He compared this accident with

1062-424: Is to be carried out. But the laws of war do not imperatively require this, and in very many instances it is not done. When it is not, the mere fact that the country is militarily occupied by the enemy is deemed sufficient notification to all concerned that the regular has been supplanted by a military government. (p. 61) The survey of the case-law regarding Article 42 of the 1907 Fourth Hague Convention reveals that

1121-833: The Eritrean People's Liberation Front , the Hindustan Socialist Republican Association in India and the National Resistance Army in Uganda, which were considered freedom fighters by supporters. However, a person who is campaigning for freedom through peaceful means may still be classed as a freedom fighter, though in common usage they are called political activists , as in the case of the Black Consciousness Movement . In India, "Freedom fighter"

1180-420: The U.S. are not signatory to this additional protocol. In the situation of a territorial cession as the result of war, the specification of a "receiving country" in the peace treaty merely means that the country in question is authorized by the international community to establish civil government in the territory. The military government of the principal occupying power will continue past the point in time when

1239-598: The laws of war in the form of a series of international treaties took place. In the Preamble to the 1899 Hague Convention II on Land War, the Martens Clause was introduced as a compromise wording for the dispute between the Great Powers who considered francs-tireurs to be unlawful combatants subject to execution on capture and smaller states who maintained that they should be considered lawful combatants. More recently

SECTION 20

#1732837514995

1298-675: The "old IRA", was raised in 1917 from members of the Irish Volunteers and the Irish Citizen Army later reinforced by Irishmen formerly in the British Army in World War I , who returned to Ireland to fight against Britain in the Irish War of Independence . In Irish law, this IRA was the army of the revolutionary Irish Republic as declared by its parliament, Dáil Éireann , in 1919. In

1357-642: The 1977 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts , referred in Article 1. Paragraph 4 to armed conflicts "... in which peoples are fighting against colonial domination and alien occupation and against racist regimes..." This phraseology, according USA that refused to ratify the Protocol, contains many ambiguities that cloud

1416-635: The Cold War, partisans often received arms from either NATO or Warsaw Pact member states. Where partisan resources are stretched, improvised weapons are also deployed. The following examples are of groups that have been considered or would identify themselves as groups. These are mostly, but not exclusively, of armed resistance movements. For movements and phases of activity involving non-violent methods, see civil resistance and nonviolent resistance . Military occupation Military occupation , also called belligerent occupation or simply occupation ,

1475-566: The GC [IV])." The DOD's statement is consistent with the definitions provided by Article 42 of the 1907 Fourth Hague Convention and Article 4 of the Fourth Geneva Convention. Article 6 of GCIV restricts the length of time that most of the convention applies: The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2. In the territory of Parties to

1534-964: The anti-treaty forces continued to use the name Irish Republican Army . After the end of the Irish Civil War (1922–23), the IRA was around in one form or another for forty years, when it split into the Official IRA and the Provisional IRA in 1969. The latter then had its own breakaways, namely the Real IRA and the Continuity IRA , each claiming to be the true successor of the Army of the Irish Republic . The IRA and its splinter groups include: Resistance movement The Oxford English Dictionary records use of

1593-594: The basis for armed conflicts in and of themselves. A dominant principle that guided combatants through much of history was "to the victory belong the spoils". Emer de Vattel , in The Law of Nations (1758), presented an early codification of the distinction between annexation of territory and military occupation, the latter being regarded as temporary, due to the natural right of states to their "continued existence". According to Eyal Benvenisti's The International Law of Occupation, Second Edition (2012), "The foundation upon which

1652-650: The benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory. Article 49 prohibits the forced mass movement of protected civilians out of or into occupied state's territory: Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to

1711-551: The century that followed, the original IRA was reorganized, changed and split on multiple occasions, to such a degree that many subsequent paramilitary organisations have been known by that title – most notably the Provisional Irish Republican Army , which was a key participant during the Troubles in the north of Ireland. The contemporary IRA organisations each claim the sole right to the name, each insisting they are

1770-431: The conflict, the application of the present Convention shall cease on the general close of military operations. In the case of occupied territory, the application of the present Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by

1829-450: The domination/resistance couplet become questionable. We can better understand resistance by accounting different perspectives and by breaking the presumptions that resistance is always against power. In fact, resistance should be understood not only in relations to domination and authority, but also through other experiences, such as "desire and anger, capacity and ability, happiness and fear, dreaming and forgetting", meaning that resistance

Irish Republican Army - Misplaced Pages Continue

1888-463: The duration of effective control by the occupying power and its encounter with insurgents, terrorists or guerrillas that are able to exercise control over certain areas of the country are immaterial to the applicability of the law of occupation and do not alter the legal status of the occupied territory. For example, in 1948 the U.S. Military Tribunal in Nuremberg held that: In belligerent occupation

1947-446: The entire [modern] law of occupation is based is the principle of inalienability of sovereignty through unilateral action of a foreign power, [and from this principle] springs the basic structural constraints that international law imposes upon the occupant." The Hague Convention of 1907 codified these customary laws, specifically within "Laws and Customs of War on Land" (Hague IV); October 18, 1907: "Section III Military Authority over

2006-616: The existing cultural norms in many societies. Resistance can also be mapped in various scales ranging from local to national to regional and to global spaces. We can look at a big-scale resistance movement such as anti-globalization movement that tries to resist the global trend of capitalist economic system. Or we can look at the internal resistance to apartheid , which took place at national level. Most, if not all, social movements can be considered as some forms of resistance. Not all resistance takes place in physical spaces or geographies but in "other spaces" as well. Some resistance happens in

2065-425: The exploitation of the capitalist economic systems and the capitals, while other resistance takes place against the state or authority in power. Moreover, some other resistance takes place in order to resist or question the social/culture norms or discourse or in order to challenge a global trend called " globalization ". For example, LGBT social movements is an example of resistance that challenges and tries to reform

2124-411: The fact that the former sovereignty is ousted, and the opposing army now has control. Yet the issuing such proclamation is useful as publishing to all living in the district occupied those rules of conduct which will govern the conqueror in the exercise of his authority. Wellington, indeed, as previously mentioned, said that the commander is bound to lay down distinctly the rules according to which his will

2183-503: The form of Protest Art or in the form of music. Music can be used and has been used as a tool or space to resist certain oppression or domination. Gray-Rosendale, L. (2001) put it this way: Music acts as a rhetorical force that sanctions the construction of the boys' new black urban subjectivities that both challenge urban experience and yet give voice to it...music contributes a way to avoid physical and psychological immobility and to resist economic and cultural adaptation...and challenges

2242-645: The freedom of others outside the context of an uprising (though this title may be applied in its literal sense) Generally speaking, freedom fighters are people who use physical force to cause a change in the political and or social order. Notable examples include uMkhonto we Sizwe in South Africa, the Sons of Liberty in the American Revolution , the Irish Republican Army in Ireland and Northern Ireland ,

2301-486: The hostile army." This definition does not rely on a subjective perception, but rather on the "territory's de facto submission to the authority" of the occupant. Article 2 of the Geneva Conventions indicates that the definition applies to "all cases of partial or total occupation of the territory of a High Contracting party", even if no armed resistance is encountered. The form of administration by which an occupying power exercises government authority over occupied territory

2360-831: The influence of the Soviet Union, including the Contras in Nicaragua , UNITA in Angola and the multi-factional mujahideen in Afghanistan . In the media, the BBC tries to avoid the phrases "terrorist" or "freedom fighter", except in attributed quotes, in favor of more neutral terms such as " militant ", " guerrilla ", " assassin ", " insurgent ", " rebel ", " paramilitary ", or " militia ". Partisans often use captured weapons taken from their enemies, or weapons that have been stolen or smuggled in. During

2419-535: The issue of who is or is not a legitimate combatant: ultimately, in US Government opinion the distinction is just a political judgment. Some definitions of resistance movement have proved controversial. Hence depending on the perspective of a state's government, a resistance movement may or may not be labelled a terrorist group based on whether the members of a resistance movement are considered lawful or unlawful combatants and whether they are recognized as having

Irish Republican Army - Misplaced Pages Continue

2478-604: The military or security forces. Resistance during World War II was mainly dedicated to fighting the Axis occupiers. Germany itself also had an anti-Nazi Hitler, German resistance movement in this period. Although the United Kingdom did not suffer invasion in World War II, preparations were made for a British resistance movement in the event of a German invasion (see Auxiliary Units ). When geographies of resistance are discussed, it

2537-493: The occupant attempts to alter—with or without support or recognition from other powers—the expected temporary duration of the territory's established power structure, namely by making it permanent through annexation (formal or otherwise) and refusing to recognize itself as an occupant. Additionally, the question of whether a territory is occupied or not becomes especially controversial if two or more powers disagree with each other on that territory's status; such disputes often serve as

2596-550: The occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. In 1949 these laws governing the occupation of an enemy state's territory were further extended by the adoption of the Fourth Geneva Convention (GCIV). Much of GCIV is relevant to protected civilians in occupied territories and Section III: Occupied territories

2655-680: The occupied territory, though this is not a necessary characteristic of occupation. The rules of occupation are delineated in various international agreements—primarily the Hague Convention of 1907 , the Geneva Conventions , and also by long-established state practice. The relevant international conventions, the International Committee of the Red Cross , and various treaties by military scholars provide guidelines on topics concerning

2714-438: The occupying power does not hold enemy territory by virtue of any legal right. On the contrary, it merely exercises a precarious and temporary actual control. According to Eyal Benvenisti , occupation can end in a number of ways, such as: "loss of effective control, namely when the occupant is no longer capable of exercising its authority; through the genuine consent of the sovereign (the ousted government or an indigenous one) by

2773-572: The original IRA's only legitimate descendant. The playwright and former IRA member Brendan Behan once said that the first issue on any Irish organisation's agenda was "the split". For the IRA, that has often been the case. The first split came after the Anglo-Irish Treaty in 1921, with supporters of the Treaty forming the nucleus of the National Army of the newly created Irish Free State , while

2832-464: The peace treaty comes into force, until it is legally supplanted. "Military government continues until legally supplanted" is the rule, as stated in Military Government and Martial Law , by William E. Birkhimer, 3rd edition 1914. Article 42 under Section III of the 1907 Fourth Hague Convention specifies that a "[t]erritory is considered occupied when it is actually placed under the authority of

2891-500: The perspective of the oppressed; second, a hierarchy of the oppressions has to be defined…..; third, political actions need to be understood and undertaken in terms of their situatedness and position in dynamic power relations: and finally, an epistemology capable of telling the difference between different differences has to be developed. There are many forms of resistance in relations to different power dominations and actors. Some resistance takes place in order to oppose, change, or reform

2950-403: The physical spaces. In other cases, people sometimes simply resist to certain ideology, belief, or culture norms within their minds. These kinds of resistance are less visible but very fundamental parts of all forms of resistance. On the lawfulness of armed resistance movements in international law , there has been a dispute between states since at least 1899, when the first major codification of

3009-498: The policies of a government or occupying power. This may be accomplished through violent or non-violent means. In this view, a resistance movement is specifically limited to changing the nature of current power, not to overthrow it; and the correct military term for removing or overthrowing a government is an insurgency . However, in reality many resistance movements have aimed to displace a particular ruler, especially if that ruler has gained or retained power illegally. Freedom fighter

SECTION 50

#1732837514995

3068-635: The provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143. GCIV emphasised an important change in international law. The United Nations Charter (June 26, 1945) had prohibited war of aggression (See articles 1.1, 2.3, 2.4) and GCIV Article 47 , the first paragraph in Section III: Occupied territories, restricted the territorial gains which could be made through war by stating: Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of

3127-443: The rights and duties of the occupying power, the protection of civilians, the treatment of prisoners of war , the coordination of relief efforts, the issuance of travel documents , the property rights of the populace, the handling of cultural and art objects, the management of refugees, and other concerns that are highest in importance both before and after the cessation of hostilities during an armed conflict. A country that engages in

3186-520: The signing of a peace agreement; or by transferring authority to an indigenous government endorsed by the occupied population through referendum and which has received international recognition". Some examples of military occupation came into existence as an outcome of World War I and World War II: A number of post-1945 occupations have lasted more than 20 years, such as those of Namibia by South Africa, of East Timor by Indonesia, of Northern Cyprus by Turkey and of Western Sahara by Morocco. One of

3245-695: The social injustice prevalent within the Northern economy. In the age of advanced IT and mass consumption of social media , resistance can also occur in the cyberspace.The Aboriginal Health and Medical Research Council of NSW's Tobacco Resistance and Control (A-TRAC) team created a Facebook page to help promote anti-smoking campaign and rise awareness for its members. Sometimes, resistance takes place in people's minds and ideology or in people's "inner spaces". For example, sometimes people have to struggle within or fight against their inner spaces, with their consciousness and, sometimes, with their fear before they can resist in

3304-494: The territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive. ... The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies. Protocol I (1977): "Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts" has additional articles which cover occupation but many countries including

3363-402: The territory of the hostile State". The first two articles of that section state: Art. 42. Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised. Art. 43. The authority of the legitimate power having in fact passed into the hands of

3422-545: The word "resistance" in the sense of organised opposition to an invader from 1862. The modern usage of the term "Resistance" became widespread from the self-designation of many movements during World War II, especially the French Resistance . The term is still strongly linked to the context of the events of 1939–45, and particularly to opposition movements in Axis-occupied countries. Using the term "resistance" to designate

3481-647: The world's longest ongoing occupations is Israel's occupation of the West Bank, including East Jerusalem (1967–present) and the Gaza Strip (1967–present), both Palestinian territories , as well as the Syrian Golan Heights , which was occupied in 1967 and effectively annexed in 1981. Other prolonged occupations that have been alleged include those of the Falkland Islands /Malvinas, claimed by Argentina, by

#994005