The Mudcat Café TM
Thread #129840   Message #2923018
Posted By: Emma B
08-Jun-10 - 08:59 AM
Thread Name: BS: New Israeli atrocity: attack on Gaza aid
Subject: RE: BS: New Israeli atrocity: attack on Gaza aid
Keith, I'm saying it is how Israel interprets the law

According to a legally recognised document called the "San Remo Manual on International Law Applicable to Armed Conflicts at Sea" under some of the key rules, a blockade must be declared and notified to all belligerents and neutral states, access to neutral ports cannot be blocked, and an area can only be blockaded which is under enemy control.

One view is that "On the basis that Hamas is the ruling entity of Gaza and Israel is in the midst of an armed struggle against that ruling entity, the blockade is legal,"

Under the U.N. Convention of the Law of the Sea a coastal state has a "territorial sea" of 12 nautical miles from the coast over which it is sovereign.
Ships of other states are allowed "innocent passage" through such waters.

There is a further 12 nautical mile zone called the "contiguous zone" over which a state may take action to protect itself or its laws.

HOWEVER even the same lawyers that argue the sea blockade can be legally justified also say

"strictly beyond the 12 nautical miles limit the seas are the "high seas" or international waters"

The Israeli navy said on Monday the Gaza bound flotilla was intercepted 120 km (75 miles) west of Israel.
The Turkish captain of one of the vessels told an Istanbul news conference after returning home from Israeli detention they were 68 miles outside Israeli territorial waters.

Under the law of a blockade, intercepting a vessel COULD apply globally so long as a ship is bound for a "belligerent" territory, some legal experts argue.

HOWEVER, "If force is disproportionate it would be a violation of the key tenets of the use of force," said Commander James Kraska, professor of international law at the U.S. Naval War College


It is reported today that

"The Israeli military will conduct its own investigation of the May 31 commando raid on a flotilla of ships trying to breach its blockade of the Gaza Strip, which left nine pro-Palestinian activists from Turkey dead."

Netanyahu said he hasn't agreed to a proposal by United Nations Secretary-General Ban Ki-moon for an international investigation of the incident.
Israel refused to participate in a UN report on the 2008 Gaza war

Benny Begin, a minister without portfolio, said on Israel Radio
"The questions that need to be examined are whether the naval blockade was imposed according to international law, and was the way it was enforced on May 31 according to that law in all its interpretations,"

HOWEVER, as can be seen from the uncompromising statement from the Israel Ministry of foreign Affairs posted 08 Jun 10 - 07:44 AM it has already been stated by Israel that the blockade and therefore any attack is absolutely justified in legal terms making an internal military investigation the whitewash many people fear, from previous such internal enquiries, it will be

There are many opinions about the legality of the blockade and the assault on a ship in International waters

Israel continues to dismiss all these interpretations as the products of

'numerous NGOs and "human rights groups" have issued harsh and one-sided condemnations of Israel's actions.
Many of these statements have been couched in the terminology of international law…….. these claims are legally incorrect or dubious.

They represent the continued exploitation of international law for political ends."

Yeah! Everyone's doing it - sigh