The Mudcat Café TM
Thread #129840   Message #2918903
Posted By: Ed T
02-Jun-10 - 05:53 AM
Thread Name: BS: New Israeli atrocity: attack on Gaza aid
Subject: RE: BS: New Israeli atrocity: attack on Gaza aid
As to UN law, read the San Remo Manual on International Law Applicable to Armed Conflicts at Sea (which this is), 12 June 1994

"A state, in a time of conflict, can impose an embargo, and while it cannot carry out embargo activities in the territorial waters of a third party, it can carry out embargo activities in international waters".

It seems permissible under rule 67(a) to attack neutral vessels on the high seas when the vessels "are believed on reasonable grounds to be carrying contraband or breaching a blockade, and after prior warning they intentionally and clearly refuse to stop, or intentionally and clearly resist visit, search or capture."

So, it is within the international framework to detain a civilian vessel trying to break an embargo (which was the stated purpose, and it was widely reported) and if in the course of detaining the vessel, force is used against the forces carrying out the detention then that force has every right to act in self defense.

http://www.icrc.org/ihl.nsf/385ec082b509e76c41256739003e636d/7694fe2016f347e1c125641f002d49ce


It is submitted that it is just as logical to believe that those on the flotilla were not on a humanaterian mission, but on a mission to break the naval blockade, as the opposite case.


1) An Al-Jazeera report from May 28,(this is available online) shows activists on board before departing for Gaza, chanting Intifada songs aimed at Jews and praising martyrdom. Chants include "Intifada, intifada, intifada! Khaybar, Khaybar, oh Jews! The army of Mohammed will return!" relating to a seventh century massacre of Jews in Khaybar by early Muslims.

2)Israel offered to transfer the supplies on the flotilla to Gaza from Ashdod port through official channels, an offer that was rejected in favor of confrontation on the part of the anti-Israel activists. As flotilla organizer Greta Berlin stated: "this mission is not about delivering humanitarian supplies, it's about breaking Israel's siege."

3)The Marmara is owned and operated by IHH (which Israel and others see as being linked to terriorists, AKA freedom fighters. IHH is also listed as such by the Intelligence and Terrorism Information Center, a supporter of radical Islamic networks, including Hamas, and at least in the past, even global jihad elements).


It is also reasonable to believe that Iarael, who has a military blockade in place, has a right to board any vessel it believes is on a belligerent mission. Despite claims that those on board were only prepared to resist peacefully, when Israeli military tried to board Marmara, they were resisted and attacked by many onboard, precipitating the resulting actions.