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International law experts differ over the legality of the Israel action, with some saying that the raid is a violation of the Law of the Sea, while others maintain that Israel may legally board foreign vessels in international waters as part of a naval blockade. Both sides state that Israel is required by law to respond with only a proportional use of force in the face of violent resistance; whether the force used was proportional is disputed.<ref name="washingtonpost1"/><ref>{{Cite news |url=http://www.guardian.co.uk/law/afua-hirsch-law-blog/2010/jun/01/gaza-freedom-flotilla-international-law |title=Was the Gaza Flotilla Raid Illegal? |newspaper=The Guardian |publisher=Guardian News and Media |accessdate=June 2, 2010}}</ref> The issue of possible violation of international law was discussed at the UN security council. The United States blocked criticism of Israel for violating international law as proposed by Turkey, the Palestinians and Arab nations.<ref>{{Cite news |url=http://www.guardian.co.uk/world/2010/jun/01/israel-investigation-attack-gaza-flotilla-us |title=Israel should lead investigation into attack on Gaza flotilla, says US |newspaper=The Guardian |publisher=Guardian News and Media |accessdate=June 2, 2010}}</ref> | International law experts differ over the legality of the Israel action, with some saying that the raid is a violation of the Law of the Sea, while others maintain that Israel may legally board foreign vessels in international waters as part of a naval blockade. Both sides state that Israel is required by law to respond with only a proportional use of force in the face of violent resistance; whether the force used was proportional is disputed.<ref name="washingtonpost1"/><ref>{{Cite news |url=http://www.guardian.co.uk/law/afua-hirsch-law-blog/2010/jun/01/gaza-freedom-flotilla-international-law |title=Was the Gaza Flotilla Raid Illegal? |newspaper=The Guardian |publisher=Guardian News and Media |accessdate=June 2, 2010}}</ref> The issue of possible violation of international law was discussed at the UN security council. The United States blocked criticism of Israel for violating international law as proposed by Turkey, the Palestinians and Arab nations.<ref>{{Cite news |url=http://www.guardian.co.uk/world/2010/jun/01/israel-investigation-attack-gaza-flotilla-us |title=Israel should lead investigation into attack on Gaza flotilla, says US |newspaper=The Guardian |publisher=Guardian News and Media |accessdate=June 2, 2010}}</ref> | ||
===Legal arguments supporting the action=== | |||
====Legality of the blockade==== | |||
], a professor of Law at ], wrote that the legality of blockades as a response to acts of war “is not subject to serious doubt.”<ref name="nydailynews1">{{cite web|last=Dershowitz |first=Alan |url=http://www.nydailynews.com/opinions/2010/06/02/2010-06-02_israel_obeyed_international_law_legally_the_gaza_flotilla_conflict_is_an_openand.html |title=Israel obeyed international law: Legally, the Gaza flotilla conflict is an open-and-shut case |publisher=Nydailynews.com |date= |accessdate=June 4, 2010}}</ref> He likened Israel’s maritime blockade of Gaza to U.S. naval actions in Cuba during the ], which the U.S. had deemed lawful though not part of an armed conflict.<ref name="nydailynews1"/> Similary, ], former ] attorney and legal counselor at the American Embassy in ], and now a ] professor, said "the Israeli blockade itself against Gaza itself is not illegal".<ref name="washingtonpost2">{{cite web|url=http://www.washingtonpost.com/wp-dyn/content/article/2010/06/01/AR2010060102934.html?hpid=topnews |title=Israel's flotilla raid revives questions of international law |publisher=Washingtonpost.com |date= |accessdate=June 2, 2010}}</ref> | |||
], a professor of International Law and Diplomacy at the ] at ], said that under the ], which would be in effect given Hamas's rocket attacks on Israel and Israel's responses, Israel has "a right to prevent even neutrals from shipping arms to ".<ref name="autogenerated2"/> | |||
], international law professor at the ], noting that the raid had "led to wild accusations of illegality", wrote that blockades are lawful during times of armed conflict (such as the ] blockade of Iraq during the first ]), and that "war-like conditions certainly exist between Israel and Hamas".<ref name="autogenerated1">{{cite web|last=Posner |first=Eric |url=http://online.wsj.com/article/SB10001424052748704025304575284210429984110.html|title= The Gaza Blockade and International Law: Israel's position is reasonable and backed by precedent|work=Opinion|publisher=WSJ Online|format=Subscription only |date= |accessdate=June 4, 2010}}</ref> He compared Israel's blockade to that of the ] against the ] (also, a non-state) during the ].<ref name="autogenerated1"/> The ] later affirmed the legitimacy of that blockade.<ref name="autogenerated1"/> | |||
Philip Roche, a partner in the shipping disputes and risk management team with the London-headquartered international law firm ], also said: "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."<ref name="is-blockade-legal">{{cite web|url=http://www.reuters.com/article/idUSTRE65133D20100602|title=Q&A: Is Israel's naval blockade of Gaza legal?|publisher=Reuters|date={{date|2010-06-02}}}}</ref> The basis for that is the law of blockade, derived from international law that was codified in the 1909 ], and which was then updated in 1994 in the San Remo Manual on International Law Applicable to Armed Conflicts at Sea--"a legally recognized document".<ref name="is-blockade-legal" /> He addressed the charge by Human Rights Watch that the blockade of a terrorist organization constitutes a collective penalty against civilians, ostensibly violating Article 33 of the fourth Geneva Convention, by saying "This argument won't stand up. Blockades and other forms of economic sanction are permitted in international law, which necessarily means that civilians will suffer through no fault of their own."<ref name="autogenerated1"/> | |||
International law Professor ] of the ], likewise, noting that it is clear that Israel and Hamas are in a state of armed conflict, which has been noted by the General Assembly to the Human Rights Council in its Goldstone Report, wrote that a blockade of an enemy’s coast is an established military tactic.<ref name="theglobeandmail1">{{cite news|author=Canada |url=http://www.theglobeandmail.com/news/opinions/israels-naval-blockade-pitches-and-rolls-with-the-law-of-the-sea/article1589981/ |title=Israel’s naval blockade pitches and rolls with the Law of the Sea |publisher=The Globe and Mail |date=May 31, 2010 |accessdate=June 4, 2010}}</ref> He pointed out that it is recognized as a means at the ]’s disposal under Article 42 of the UN Charter, and is similarly set forth in Article 539 of the Canadian Forces manual Counter-Insurgency Operations.<ref name="theglobeandmail1"/> He wrote: <blockquote>having announced its blockade, Israel had no obligation to take the ships’ crew at their word as to the nature of the cargo. The blockading party has the right to fashion the arrangements, including search at a nearby port, under which passage of humanitarian goods is permitted.<ref name="theglobeandmail1"/></blockquote> | |||
Abbas Al Lawati, a Dubai-based '']'' journalist on board the flotilla, opined that Israel is likely to cite the ] (Annex I, Article XI) which vests Israel with the responsibility for security along the coastline and the Sea of Gaza.<ref name="gaza-jericho">{{cite news|last=Al Lawati|first=Abbas|title=Q&A: Freedom Flotilla project in aid of Gaza|url=http://gulfnews.com/news/region/palestinian-territories/q-a-freedom-flotilla-project-in-aid-of-gaza-1.631381|accessdate=June 1, 2010}}</ref> The agreement stipulates that Israel may take any measures necessary against vessels suspected of being used for terrorist activities or for smuggling arms, ammunition, drugs, goods, or for any other illegal activity.<ref name=Gaza-Jericho>{{cite web|url=http://www.mfa.gov.il/MFA/Peace%20Process/Guide%20to%20the%20Peace%20Process/Gaza-Jericho%20Agremeent%20Annex%20I|title=Gaza-Jercho Agreement|publisher=Israeli Foreign Ministry|date={{date|1994-05-04}}}}</ref> Professor Wedgwood opined that the goal of the flotilla was to: "denude Israel of what it thinks it was guaranteed in the 1993 ] which preceded the Gaza-Jericho Agreement, which is the control of the external borders of Gaza and West Bank.... The problem ... is that you could easily have a rearming of Hamas, which caused a terrible conflict."<ref name="autogenerated2"/> | |||
====Legality of enforcing the blockade on the high seas==== | |||
Professor Dershowitz said that action taken in international waters is permissible if a legal blockade is in effect, and if there is no doubt that the offending ships have made a firm determination to break the blockade.<ref>{{cite news|last=Dershowitz|first=Alan|url=http://www.nydailynews.com/opinions/2010/06/02/2010-06-02_israel_obeyed_international_law_legally_the_gaza_flotilla_conflict_is_an_openand.html|title=Israel obeyed international law: Legally the Gaza flotilla conflict is an open-and-shut case|newspaper=New York Daily News|date=June 2, 2010|accessdate=June 2, 2010}}</ref> "It's okay for Israeli ships to operate in international waters to enforce ," said Professor Weiner.<ref name="washingtonpost2"/> | |||
Professor ], similarly, said that "the right of visit and search under the ], or under the law of armed conflict, can be conducted on the high seas".<ref name="autogenerated2">{{cite web|url=http://www.pbs.org/newshour/bb/middle_east/jan-june10/gaza2_06-02.html |title=As Flotilla Inquiry Calls Grow Louder, Legality of Gaza Blockade Examined | PBS NewsHour |publisher=PBS |date=June 2, 2010 |accessdate=June 3, 2010}}</ref> She pointed out that the U.S. itself, as a neutral throughout most of the 1800s, submitted its ships to inspections on the high seas to allow belligerents to make sure that its cargoes weren't actually fueling any of the European wars.<ref name="autogenerated2"/> She also noted that the U.S. itself blockaded Cuba during the ], also commented that in the wars in Yugoslavia, the U.N. itself, and NATO, through ], imposed a blockade on shipments to Yugoslavia.<ref name="autogenerated2"/> Roche also indicated that under the law of a blockade, a ship can be intercepted on the high seas as long as it is ship is bound for the blockaded territory.<ref name="is-blockade-legal" /> Professor Posner, as well, wrote that "longstanding customary international law permits states to enforce publicly announced blockades on the high seas".<ref name="autogenerated1"/> Professor Morgan also said that under the San Remo law, a blockade is often enforced in what would otherwise be international waters.<ref name="theglobeandmail1"/> | |||
], spokesman for the ], referring to the ], said:<blockquote>The San Remo memorandum states, specifically 67A, that if you have a boat that is charging a blockaded area you are allowed to intercept even prior to it reaching the blockaded area if you've warned them in advance, and that we did a number of times, and they had a stated goal which they openly expressed, of breaking the blockade. That blockade is in place to protect our people.<ref name=ABC-Lateline>{{cite web | |||
|url=http://www.abc.net.au/lateline/content/2010/s2914517.htm|title=Israeli government defends raid|date=May 31, 2010|accessdate=May 31, 2010}}</ref><ref name=sanremoicrc>The 1994 San Remo Manual on International Law Applicable to Armed Conflicts at Sea, by Louise Doswald-Beck, can be found here and also in the '']'', no. 309, pp.583–594</ref></blockquote> | |||
====Use of force==== | |||
As to the use of force when boarding a ship in such circumstances, it is legal but must be proportionate, according to Commander James Kraska, professor of international law at the ], and Professor Morgan.<ref name="is-blockade-legal" /><ref name="theglobeandmail1"/> Proportional force does not mean that guns cannot be used by forces when being attacked with knives, but "there has got to be a relationship between the threat and response," said Kraska.<ref name="is-blockade-legal" /> According to J. Peter Pham, a strategic adviser to U.S. and European goverments, "from what is known now, it appears that Israel acted within its legal rights".<ref name="is-blockade-legal" /><ref name="theglobeandmail1"/> | |||
Professor Posner noted that the "1990 UN Basic Principles on the Use of Force & Firearms by Law Enforcement Officials" is not international law, but rather akin to vague "best practices" for advising countries with poorly trained police forces, and does not apply to a military operation.<ref name="autogenerated1"/> He wrote further: <blockquote>Military operations must respect the principle of proportionality, which is a fuzzy, "know-it-when-you-see-it" test. But one thing is clear. Ships that run blockades may be attacked and sunk under international law. If Israel had exercised that right, far more than nine people would have been killed.<ref name="autogenerated1"/></blockquote> | |||
====Piracy==== | |||
Noting that some of used the word "piracy" to describe Israel's actions, Professor Morgan says the accusation is "inapt since, under both customary law and Article 101 of the UN Convention on the Law of the Sea, that applies only to acts done for private gain."<ref name="theglobeandmail1"/> | |||
===Legal arguments opposing the action=== | |||
====Legality of the blockade==== | |||
Dr. Turgut Tarhanlı, dean of the Law department of ],<ref>{{cite web|url=http://www.adrcenter.com/international/Conference_Program-EN.pdf |title=Microsoft Word - 1.Conference Program-EN 03-02-09 v1.doc |format=PDF |date= |accessdate=June 4, 2010}}</ref> cited the concept of ], under which vessels are granted safe passage through territorial waters in a manner which is not "prejudicial to the peace, good order or the security" of the state.<ref>{{cite news|url=http://www.todayszaman.com/tz-web/news-211726-jurists-israeli-flotilla-assault-violation-of-international-law.html|title=Jurists: Israeli flotilla assault violation of international law|date=June 1, 2010|work=Zaman}}</ref> He said that | |||
<blockquote>the Convention on the Law of the Sea stipulates that a coastal state may consider intervention if a ship is engaged in arms and drug smuggling, the slave trade or terrorist activities. However, the case with the aid boats is totally different. They set sail in accordance with the Customs Act and are known to be carrying humanitarian aid, not weapons or ammunition. According to the Convention on the Law of the Sea, Israel was not entitled to launch a military operation against the boats and activists.<ref>{{cite web |url=http://www.todayszaman.com/tz-web/news-211726-102-jurists-israeli-flotilla-assault-violation-of-international-law.html |title=Jurists: Israeli flotilla assault violation of international law |publisher=Todayszaman.com |date= |accessdate=June 2, 2010}}</ref></blockquote> | |||
With regard to the ], ], a Palestinian-Canadian lawyer, professor, and former spokesperson with the ], said that Israel declared the ] dead in 2001, and actually breached the agreements, so that a call to the applicability of the Gaza-Jericho Agreement is not plausible.<ref name="gaza-jericho" /> | |||
====Legality of enforcing the blockade on the high seas==== | |||
Robin Churchill, international law professor at the ] in Scotland, said there was no legal basis for boarding the ships as they were in international waters.<ref>{{cite news | |||
|url=http://www.google.com/hostednews/ap/article/ALeqM5ioi_0jtO9RjMwPNRoXNCndRPRq3gD9G1TCQ00 | |||
|title=Israeli police say 16 Gaza activists sent to jail | |||
|first=Amy|last=Teibel|coauthor=Tia Goldenberg|agency=Associated Press | |||
|date=May 31, 2010}}</ref> A group of Israeli lawyers, including ], petitioned the ] charging that Israel had violated the ] by capturing the boats in international waters. <ref>{{cite web | |||
|url=http://www.jpost.com/Israel/Article.aspx?id=177028 | |||
|title=Israeli lawyers: Raid violates int'l law, Prosecution charges that Israel engaged in acts of piracy|first=Dan|last=Izenberg|work=Jerusalem Post|date=May 31, 2010}}</ref> | |||
José María Ruiz Soroa, a Spanish expert in ] and co-author of the legal commentary "Manual de derecho de la navegación marítima",<ref>{{cite web|url=http://www.casadellibro.com/libro-manual-de-derecho-de-la-navegacion-maritima-3-ed/1082679/2900001113277 |title=MANUAL DE DERECHO DE LA NAVEGACION MARITIMA (3ª ED.): en su libreria Casa del Libro |publisher=Casadellibro.com |date= |accessdate=June 3, 2010}}</ref> said that Israel is not entitled according to International Law to constrain the freedom of navigation of any ship on the high seas, except in a number of situations that do not apply to the Gaza flotilla case. Blockade is not a valid reason as it is a concept only applicable to war situations. He also mentioned that Israel's action is a breach of the UN ] Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA),<ref>{{cite web |url=http://www.admiraltylawguide.com/conven/suppression1988.html |title=Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation |publisher=admiraltylawguide.com |accessdate=June 2, 2010}}</ref> which was signed by Israel in April 2009. According to the article 6.1 of the SUA, the jurisdiction over the offences that a ship might have committed lays in the State whose flag the ship is flying (in this situation, Turkey).<ref group="text">{{cite news |title=Un ilícito internacional|url=http://www.elpais.com/articulo/internacional/ilicito/internacional/elpepuint/20100602elpepiint_8/Tes|accessdate=June 2, 2010|newspaper=]|language=Spanish |quote=La actuación de las Fuerzas Armadas israelíes al tomar por la fuerza el control de buques mercantes de otra bandera en alta mar y al causar la muerte violenta a varios de sus tripulantes, viola patentemente el Derecho Internacional . Ningún Estado puede arrogarse facultades para restringir la libertad de circulación de cualquier buque por ese ámbito, ni menos ejercer la fuerza contra buques mercantes de otra bandera salvo en los contados casos en que lo autoriza el propio Derecho Internacional (piratería, trata de esclavos, sospechas de falsa bandera, etcétera). Y no cabe recurrir a la noción de zona o puerto bloqueado, propia del Derecho Marítimo de Guerra, cuando no existe tal guerra. se acordó en 1988 el Convenio Internacional para la Supresión de Actos ilícitos contra la Seguridad de la Navegación Marítima (SUA) que tipifica como delito el apoderarse por la fuerza de un buque o de su control, o el realizar actos de violencia contra las personas embarcadas, por cualquier motivo que se efectúe, sea privado o público, económico o terrorista. el Estado israelí ratificó hace muy poco este Convenio (entró en vigor para él en abril de 2009) El artículo 6.1 del SUA establece la jurisdicción obligatoria para sancionar los actos ilícitos en cuestión del país cuya bandera enarbola el buque en el cual o contra el cual se ha realizado el acto de fuerza.<br/>Translation: ''The actions committed by the Israeli Armed Forces when seizing foreign-flagged ships on international waters (...) and when causing the death of some of its passengers, do clearly violate the International Law (...) No State whatsoever can arrogate faculties for restricting the freedom of movement of any ship on international waters, much less for storming foreign-flagged ships, exception made of the few exceptions authorized by the International Law (piracy, slave trade, suspicions of fake identifications, etc.). Thus, it is not legitimate to resort to the Maritime War Law concepts of a blocked zone or blocked port, when such a war is inexistent (...) In 1988 it was agreed (...) the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA) that (...) typifies as a crime taking control of a ship by force, or exerting violence over shipped persons, for whatever private or public reason, for whatever economic or terrorist interests. (...) Israel recently ratified this Convention (it entered into force for Israel on April 2009) (...) SUA Article 6.1 establishes as the forceful jurisdiction for sanctioning the illicit actions the same country whose flag carries the ship on which or against which the forceful action has been taken''}}</ref> | |||
Turkey's foreign minister ] said: "High-seas freedom, freedom of navigation, was one of the oldest forms of international law; no vessel could be stopped or boarded without the consent of the captain or flag State. Any suspected violation of the law did not absolve the intervening State under international law. To treat humanitarian delivery as a hostile act and to treat aid workers as combatants could not be deemed legal or legitimate". | |||
Ove Bring, Swedish international law professor, said that Israel had no right to take military action.<ref>{{cite web|author=Blogg | Resebloggen |url=http://www.svd.se/opinion/brannpunkt/israel-har-inte-ratt-ingripa-militart_4793483.svd |title=SvD: "Israel har inte rätt ingripa militärt" |language={{sv icon}} |publisher=Svd.se |date= |accessdate=June 1, 2010}}</ref> That was supported by Mark Klamberg at ],<ref>{{cite web|url=http://www.dagensjuridik.se/sv/Artiklar/2010/05/Experter-overens-om-Israel/ |title=Dagens Juridik: Experter överens om Israel |publisher=Dagensjuridik.se |date= |accessdate=June 1, 2010}}</ref> Hugo Tiberg, maritime law professor<ref>{{cite web|author=Björn Hansson 031-62 46 33 bjorn.hansson@gp.se |url=http://www.gp.se/nyheter/varlden/1.380013-professor-i-sjoratt-israel-gor-fel |title=GP: Professor i sjörätt: Israel gör fel |language={{sv icon}} |publisher=Gp.se |date=May 28, 2010 |accessdate=June 1, 2010}}</ref> and Geir Ulfstein, professor at maritime law at ],<ref>{{cite web|author=Mari Torsdotter Hauge|url=http://www.aftenposten.no/nyheter/uriks/article3673112.ece |title=Professor: – Israel hadde ikke rett til å gripe inn|language={{no icon}} |publisher=] |date=May 31, 2010 |accessdate=June 2, 2010}}</ref> while ], director of the ] said that only ] behaved in international waters in the same manner as Israel.<ref>{{cite web|author=Marthe Haugdal|url=http://www.vg.no/nyheter/utenriks/midtosten/artikkel.php?artid=10007963 |title=NUPI-direktør: – Marinens angrep er helt ødeleggende for Israel Mener angrepet kan få katastrofale følger internasjonalt|language={{no icon}} |publisher=] |date=May 31, 2010 |accessdate=June 2, 2010}}</ref> | |||
Canadian scholar ] said that the event would only be legal if the Israeli boarding were necessary and proportionate for the country's self defence. Byers believes that "the action does not appear to have been necessary in that the threat was not imminent."<ref>{{cite news | |||
|url=http://www.theglobeandmail.com/news/world/africa-mideast/who-was-behind-the-seized-flotilla/article1587638/|title=Was seizing the flotilla legal? | |||
|first=Patrick|last=Martin|work=Globe and Mail | |||
|date=June 1, 2010}}</ref> | |||
In a legal analysis published by the '']'', a staff expert on international law said that countries are not allowed to extend their sovereignty on areas outside of their coastal waters.<ref name="autogenerated3">{{cite web|author=Von Reinhard Müller |url=http://www.faz.net/s/RubB30ABD11B91F41C0BF2722C308D40318/Doc~E5237CD1680B143708A8E91DACB267CF5~ATpl~Ecommon~Scontent.html |title=Israels Militäraktion: Auf Hoher See darf kein Zwang ausgeübt werden - Naher Osten - Politik |publisher=Faz.Net |date=January 6, 1990 |accessdate=June 4, 2010}}</ref> In international waters, if there is reasonable suspicion of piracy or human trafficking, a country has the right to access foreign ships. If the suspicion remains, it can search the ship.<ref name="autogenerated3"/> | |||
], professor emeritus of international law at ] and U.N. Special Rapporteur on the situation of human rights in the occupied Palestinian territory said that the “ships that were situated in the high seas where freedom of navigation exists, according to the law of the seas” and called for those responsible to "be held criminally accountable for their wrongful acts".<ref>{{cite web|url=http://www.un.org/apps/news/story.asp?NewsID=34863&Cr=gaza&Cr1 |title=United Nations: Secretary-General 'shocked' by deadly raid on Gaza aid flotilla |publisher=Un.org |date=May 31, 2010 |accessdate=June 4, 2010}}</ref> | |||
Former British Ambassador<ref name="Scotsman-20051231">{{cite news|url=http://news.scotsman.com/topics.cfm?tid=1300&id=2479642005|title=Memos 'Prove Evidence used from Uzbek Secret Police'|last=Hainey|first=Raymond |date=December 31, 2005 |work=Scotsman news online |accessdate=July 18, 2008}}</ref> ] said that the raid was not an act of ], as the Israeli vessels carried a military commission, but said that it would be "an act of illegal warfare". According to Murray, the ] rules that, when an incident takes place on a ship on the ] the applicable law is that of the flag state of the ship on which the incident occurred, so the Turkish ship was Turkish territory. If the Israeli commandos were acting on behalf of the government of Israel in killing the activists on the ships, Israel would be in a position of war with Turkey, and the act would fall under international jurisdiction as a war crime. If, on the other hand, the killings were not authorised Israeli military action, they were acts of murder under Turkish jurisdiction and if Israel does not consider itself in a position of war with Turkey, then it must hand over the commandos involved for trial in Turkey under Turkish law.<ref name=Murray>{{cite web|author=Eva Smagacz |url=http://mondoweiss.net/2010/05/attack-is-in-turkish-jurisdiction.html|title=Turkish jurisdiction |publisher=mondoweiss.com |date=May 31, 2010 |accessdate=June 2, 2010}}</ref> After being later told that the ''Mavi Marmara'' may have been sailing under a Comoran flag, Murray reiterated that Israel's attack was illegal regardless of what flag the vessel was sailing under. <ref>{{cite web|url=http://www.craigmurray.org.uk/ |title=While the Israeli attack remains illegal, it means that the injured party - and the party with legal jurisdiction over the event - is the incapable Comoros Islands rather than the highly capable Turkey |publisher=Craigmurray.org.uk |date= |accessdate=June 4, 2010}}</ref> | |||
Jason Alderwick, a maritime analyst at the ] of London, was quoted as saying that the Israeli raid did not appear to have been conducted lawfully under the convention.<ref>. ''The Times'', UK. 1 June 2010</ref> Anthony D'Amato, international law professor at ], argued that the San Remo Manual on International Law Applicable to Armed Conflicts at Sea applies to a situation in which the laws of war between states are in force. He said the laws of war do not apply in the conflict between Israel and Hamas, which isn't even a state. He said the law of the ] would apply.<ref name="washingtonpost1"/> | |||
====Use of force==== | |||
The legal analysis published by the ''Frankfurter Allgemeine Zeitung'' said that Israeli soldiers had the right to defend themselves,<ref name="autogenerated3"/> but if Israel used force against the ships without legal justification, the crew members had the right to defend themselves.<ref name="FAZ Auf Hoher See" group="text">{{cite news|last=Müller|first=Reinhard|journal=Frankfurter Allgemeine Zeitung|title=Auf Hoher See darf kein Zwang ausgeübt werden|date=June 2, 2010|url=http://www.faz.net/s/RubB30ABD11B91F41C0BF2722C308D40318/Doc~E5237CD1680B143708A8E91DACB267CF5~ATpl~Ecommon~Scontent.html|accessdate=June 2, 2010|quote=Den Staaten ist es völkerrechtlich nicht erlaubt, die Hohe See ihrer Souveränität zu unterstellen. In der sogenannten Anschlusszone, deren Grenze 24 Seemeilen von der eigenen Küste verläuft, haben die Staaten noch Kontrollrechte – vor allem, um ihren Einreise- und Gesundheitsvorschriften Geltung zu verschaffen. Es gibt auch ein Recht, fremde Schiffe zu betreten. Das setzt aber etwa voraus, dass ein begründeter Verdacht der Seeräuberei oder des Sklavenhandels besteht – oder dass vermutet werden muss, dass das fremde Schiff keine Staatszugehörigkeit besitzt. ... Nicht in Zweifel steht, dass sich israelische Soldaten gegen Angriffe zur Wehr setzen dürfen. Hat Israel allerdings ohne rechtlichen Grund Gewalt gegen die Schiffe eingesetzt, so durften sich deren Besatzungsmitglieder zur Wehr setzen.}} Translation: "Countries are not allowed by international laws to extend their sovereignty on international waters. ... In an area that is called the contiguous zone, which extends {{convert|24|nmi|km}} from the coast of the country, states have the right to inspection – especially to ensure the application of immigration and public health laws and regulations. There also exists a right to access foreign ships. This, however, presupposes that there is a well-founded suspicion of piracy or human trafficking – or that it must be suspected that the foreign ship is not registered in any country. ... There is no doubt that Israeli soldiers have the right to defend themselves against attacks. If Israel has used force against the ships without legal justification, however, the members of the crew had the right to defend themselves."</ref> Said Mahmoudi, an international law professor, said that boarding a ship on international waters, killing and capturing civilians is not in line with the law.<ref>{{cite web|author=Karoline Hoppe karoline.hoppe@dn.se |url=http://www.dn.se/nyheter/varlden/folkrattsprofessorn-israel-har-brutit-mot-internationell-ratt-1.1115594 |title=DN: Folkrättsprofessorn: Israel har brutit mot internationell rätt |language={{sv icon}} |publisher=Dn.se |date=May 31, 2010 |accessdate=June 4, 2010}}</ref> | |||
Minister Davutoğlu called the raid "a grave breach of international law and constituted banditry and piracy—it was “murder” conducted by a State, without justification". Prominent Turkish jurists characterized Israel's actions as a violation of international law and a "war crime." Turkey's deputy parliament speaker, ], said in a declaration that "his attack was an open violation of United Nations rules and international law".<ref>{{Cite news |date=June 2, 2010 |url=http://www.guardian.co.uk/world/2010/jun/02/israel-deport-gaza-flotilla-activists |title=Israel to deport remaining Gaza flotilla activists |newspaper=The Guardian |publisher=Guardian News and Media |agency=] |accessdate=June 2, 2010}}</ref> | |||
===Israeli judicial decisions === | |||
The ] rejected several legal suits against the IDF and Israel in the matter of the flotilla raid and wrote in the verdict that | |||
: "The soldiers were forced to respond in order to defend their lives. Unfortunately, the action ended, as was not to be expected, with the loss of lives. Nine people were killed and soldiers and flotilla participants were wounded. The action ended with the flotilla being stopped, its passengers removed and detained and Israel." | |||
Supreme Court President ] defended the decision to prevent the ships reaching the Gaza Strip: | |||
: "In light of Hamas' control of the Gaza Strip, Israel has take various steps meant to prevent direct access to the Gaza Strip, including the imposition of a naval blockade on the Strip, which, according to the State's declaration, is meant to block the infiltration of weapons and ammunition into Hamas ranks which have carried out shooting and terrorist attacks in Israeli territory for years with the goal of harming civilians." | |||
The court also rejected an appeal by right wingers to prevent release and deportation of activists who attacked IDF soldiers. <ref>Aviad Glickman,, ] (English), 3.6.2010.</ref> | |||
The Israeli Supreme Court rejected three petitions demanding information on the whereabouts of some of the passengers brought to Ashdod.<ref>{{cite web|url=http://www.newsmaxworld.com/headline_story/Israel_court_flotilla/2010/06/03/316838.html |title=Breaking News, Politics, Commentary from around the world |publisher=Newsmaxworld.com |date=May 31, 2010 |accessdate=June 4, 2010}}</ref> | |||
== Aftermath == | == Aftermath == |
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Gaza bound flotilla attack | |
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File:Gaza-flotilla-boarded.jpgIsraeli commandos aboard the MV Mavi Marmara. On the lower-right the Flag of Turkey is visible. | |
Location | The Mediterranean Sea off the coast of Israel in international waters. |
Date | 31 May 2010 (2010-05-31) 4:30 a.m. (UTC+3) |
Deaths | Nine activists |
Injured | Up to 60 activists and 10 Israel Defense Forces (IDF) soldiers |
The Gaza flotilla raid was an Israeli naval forces boarding of the "Gaza Freedom Flotilla", an aid convoy of six ships carrying 663 people from 37 nations, including pro-Palestinian activists and journalists, on 31 May 2010 in the Mediterranean Sea in international waters off the coast of Israel. The convoy was trying to deliver humanitarian aid and building supplies, without submitting to inspection and the maritime blockade of Gaza imposed by Israel. Israeli sources said their forces boarded the ships after the flotilla refused calls to change course and head away from the Gaza coast and to prevent weapons being smuggled into Gaza.
In attempting to seize the Mavi Marmara, the main ship of the convoy, Israeli commandos rappelled onto the deck from helicopters and clashed with passengers. The IDF said they were prepared for passive and light resistance but were met by a number of activists armed with sticks, metal bars and knives. The Israeli soldiers opened fire at some point, but the sequence of events is disputed. Some passengers have said that the Israelis opened fire before boarding, while accounts from Israel have said that the firing occurred after the start of the on-deck skirmish. Nine passengers aboard the MV Mavi Marmara were shot and killed by Israeli soldiers. Up to 60 passengers and ten members of the Israel Defense Forces (IDF) were injured.
The attack prompted widespread international reactions from national authorities, supranational bodies and NGOs, as well as civilian demonstrations around the world. The United Nations Security Council and the UN Human Rights Council condemned "those acts resulting in civilian deaths", demanded an impartial investigation of the raid, and called for the immediate release of civilians held by Israel. Israel responded that it would release 620 of the 682 arrested people, and deport them back to their countries.
The supplies seized by the Israelis were unloaded at the Ashdod port, inspected, and items approved by Israel were sent to Gaza by land. Hamas refused to allow this shipment into Gaza until Israel released all individuals detained from the flotilla and agreed to deliver all aid including construction materials.
Background
See also: 2007–present blockade of the Gaza StripHamas won the Palestinian legislative election in 2006, which triggered the 2006–2007 economic sanctions by Israel and the Quartet on the Middle East against the Palestinian National Authority. Following the Hamas takeover of the Gaza Strip in June 2007, where Hamas took control of the Gaza strip from the Palestinian national unity government, Israel and the Quartet countries eased some of the sanctions on the West Bank, in order to support the Fatah government, while at the same time tightening the blockade of the Gaza Strip, in order to put pressure on the Hamas administration. Israel considers Hamas to be a terrorist organization, and declared itself to be in a state of war with Hamas-run Gaza. Hamas launched thousands of rockets at Israel. Likewise, Egypt refused to recognize Hamas' government and the ousting of the Palestinian Authority officials from Gaza. In September 2007, following rocket attacks from Gaza on Israeli settlements, Israel declared Gaza strip a "hostile territory" and tightened its blockade. Later in January 2009, after its invasion of Gaza, Israel declared a formal naval blockade of Gaza. These, along with the control of Gaza's airspace by Israel, resulted in a complete blockade of Gaza.
The United Nations and human rights groups have repeatedly criticized the blockade by Israel, calling it collective punishment of the Palestinian people, saying it restricts the flow of materials for basic needs and for reconstruction of infrastructure and homes that were either destroyed, or severely damaged by Israel, in the Gaza War. Israel responded that the blockade is pursuant to Article 23 of the Fourth Geneva Convention, saying it indicates that if goods entering enemy territory contribute to the enemy's war effort, they can be blocked. By requiring all goods entering Gaza to cross Gaza-Israel land borders, Israel can inspect the goods, to ensure there are no war material in them before sending them through. In 2009, 738,000 tons of goods entered Gaza through Israel; more than 2,000 tons a day. Amnesty International and human rights groups reject Israel's account of the effect of the blockade saying that "mass unemployment, extreme poverty, food insecurity and food price rises caused by shortages have left four in five Gazans dependent on humanitarian aid."
Free Gaza Movement
Main article: Free Gaza MovementThe "Gaza Freedom Flotilla", comprised of eight ships, was organized to break Israel's naval blockade of the Gaza Strip. The ships were to carry what the organizers identified as 10,000 tons of humanitarian aid, with a value of $20 million, including food and medicine, and building materials such as cement which make up 4/5 of the cargo's gross weight and are banned by the blockade, to the Gaza Strip. Israel prevents cement and other building materials from reaching Gaza, saying that although they have legitimate uses, it might be used to make smuggling tunnels for explosives and arms. Organizers say that building materials are necessary to rebuild the infrastructure of Gaza that was seriously damaged in the 2008–2009 war.
This was the ninth time that the Free Gaza Movement had tried to ship aid to Gaza. Five aid shipments had been allowed through prior to the Gaza War of 2008–09, but all shipments following the war were blocked by Israeli forces. Unlike previous attempts, this flotilla, the largest sent by far, was dominated not by the Free Gaza Movement, which sent only one small passenger boat, but by three ships sent by an Islamic aid group from Turkey, the Foundation for Human Rights and Freedom and Humanitarian Relief (IHH). Israel has accused IHH of having close ties to Hamas, and being "sympathetic to al-Qaeda."
Ships in flotilla
Ships involved in flotilla
The flotilla consisted of six ships owned or chartered by a number of non-governmental organizations, including the Free Gaza Movement (FGM), the Turkish IHH, and the Greek Ship to Gaza. The lead ship was the Turkish-flagged Mavi Marmara, carrying more than 500 activists on board.
The US-flagged Challenger 1 is operated by the Free Gaza Movement.
The Eleftheri Mesogeios (Eλεύθερη Mεσόγειος, Free Mediterranean) is a Greek-flagged cargo vessel and the Sfendoni (Σφενδόνη, Slingshot) is a Greek-flagged passenger vessel operated by the Greek Ship to Gaza and the European Campaign to End the Siege of Gaza. Both vessels left Piraeus on 25 May to rendezvous with the rest of the flotilla off Cyprus.
Further information: ]The Mavi Marmara ("Blue Marmara") is a Comoros-flagged passenger ship, which was formerly owned and operated by Istanbul Fast Ferries Co. Inc., in the Sea of Marmara. It was purchased especially for the trip to Gaza by the İHH.
It left the Anatolian port of Antalya on 22 May 2010 to rendezvous with the flotilla heading to Gaza, along with the Gazze and Defne Y. It carried 581 activists, around 400 of whom were Turkish.
The Gazze ("Gaza") is a Turkish-flagged cargo vessel owned and operated by the Turkish Islamic charity IHH. Its cargo consisted of 2,104 tons of cement, 600 tons of construction steel, and 50 tons of tiles. It also carried 13 Turkish crew members and 5 activists. It left Antalya on 22 May to rendezvous with the flotilla, along with the Mavi Marmara and Defne Y.
The Kiribati-flagged Defne Y ("Laurel Y") is a cargo ship owned and operated by the Turkish Islamic charity IHH. It carried a mixed cargo of goods including 150 tons of iron, 98 power units, 50 precast homes, 16 units of children's playground equipment and various items of specialist medical equipment. There were 23 crew and 7 activists on board. It left Antalya on 22 May to rendezvous with the flotilla, along with the Mavi Marmara and Gazze.
Vessel operated by the Swedish organisation Ship to Gaza.
Other ships
Further information: ]The Cambodian-flagged Rachel Corrie, named after American activist Rachel Corrie, was unable to join the rest of the flotilla because of mechanical problems that forced it to undergo repairs in Malta. The cement-carrying vessel got underway on 31 May 2010 after the interception of the flotilla, with its crew insisting that they would go to Gaza. The vessel is a former merchant ship owned and operated by the Free Gaza Movement. Irish Prime Minister Brian Cowen called on Israel to allow its passage. The ship was checked for weapons in Ireland by customs officials and a senator from the Irish Green Party. No weapons were found.
The US-flagged Challenger II, a Free Gaza Movement ship, was also unable to join the rest of the flotilla due to mechanical problems. It is currently undergoing repairs in northern Cyprus. The Free Gaza Movement suspects sabotage by Israeli agents to be the cause of the malfunctions in the Challenger I and Challenger II.
People on board the flotilla
Main article: List of participants of the Gaza flotillaThere were in total 663 participants from 37 nations on board the flotilla. Notable people aboard the flotilla included Nobel Peace Prize laureate Mairead Corrigan, former UN Assistant Secretary-General Denis Halliday, Israeli-Arab member of Knesset Haneen Zoubi, leader of the northern branch of the Islamic Movement in Israel Raed Salah, Swedish novelist Henning Mankell, and a number of parliamentarians from European and Arab national legislatures and the European Parliament.
Action
Israel declared that the flotilla was "about to break international law"; with one of the flotilla's organizers, Greta Berlin, saying "e have the right to sail from international waters into the waters of Gaza,". An Israeli spokesman countered, announcing that the convoy would not be permitted to reach Gaza but would be redirected by force to the port of Ashdod, where "large tents and other facilities had been set up at the port to receive the activists, so that either Israel or humanitarian agencies could deliver them to Gaza overland." Israeli officials also said that all non-banned cargo would be transferred to Gaza after undergoing a security inspection, which would mean not allowing some of the activist's supplies, such as concrete and cement through. Foreigners would be deported or, if they did not willingly agree to be deported, detained. The flotilla organisers rejected Israel's offer, saying that Israelis would not let the reconstruction aid into Gaza, and further "This mission is not about delivering humanitarian supplies, it's about breaking Israel's siege on 1.5 million Palestinians... We want to raise international awareness about the prison-like closure of Gaza and pressure the international community to review its sanctions policy and end its support for continued Israeli occupation." Some supporters of the flotilla announced on 28 March: "A violent response from Israel will breathe new life into the Palestine solidarity movement, drawing attention to the blockade." On 29 May, Aljazeera broadcast footage of some activists on the MV Mavi Marmara participating in a chant invoking battle against Jews.
Prior to the flotilla's launch, some of the activists who would later die during the MV Mavi Marmara clash spoke of dreams of martyrdom. Ali Khaider Benginin told his family before leaving, "I am going to be a shahid; I dreamt I will become a shahid – I saw in a dream that I will be killed." His wife also said that he "constantly prayed to become a martyr."
Six of the eight ships in the flotilla set out on 30 May 2010 from international waters off the coast of Cyprus; the remaining two were delayed by mechanical problems and did not join the rest of the flotilla. The government of Cyprus refused to cooperate with the Free Gaza Movement, or allow activists to sail from its harbors, with the Cyprus Police stating that "anything related to the trip to Gaza is not permitted", and as a result remaining MPs and activists embarked instead from Famagusta in Turkish-controlled Northern Cyprus.
Having been delayed by two days, the flotilla aimed to reach Gaza on the afternoon of 31 May.
Initial Contact
The Israeli Navy made initial contact with the flotilla at 11 p.m. (23:00) on 30 May, 200 kilometres (120 mi) northwest of Gaza, 64 kilometres (40 mi) off the coast of Israel in international waters, ordering the ships to follow them to port or otherwise be boarded.
According to Israel radio the following message was sent by the Israeli navy to the captain of the Mavi Marmara: "You are approaching an area of hostilities, which is under a naval blockade. Gaza coastal area and Gaza Harbour are closed to maritime traffic. The Israeli government supports delivery of humanitarian supplies to the civilian population in Gaza Strip and invites you to enter Ashdod port. Delivery of supplies will be through the formal land crossing to Gaza and under your observation, after which you can return to your home ports." The reply was: "Negative, negative. Our destination is Gaza."
Shortly after, two Israeli naval vessels flanked the flotilla on either side, but at a distance, and an Israeli aircraft flew overhead.
Boarding
The flotilla had planned to break through the Gaza blockade, ignoring Israel's proposal for the activists to dock in Ashdod port and transfer the cargo through there. After the flotilla activists ignored orders to change course, Israeli soldiers from the Shayetet 13 unit boarded the ships at around 04:00 IST with sidearms and paintball guns while in international waters 64 kilometres (40 mi) out to sea.
Mavi Marmara boarding
The boarding of the Mavi Marmara resulted in violent clashes between activists and Israeli soldiers, though the details are disputed.
The operation started in the early morning at 4:30. Speedboats and three Black Hawk helicopters, each with a team of 15 soldiers equipped with paint ball guns and pistols, approached the flotilla. The Mavi Marmara's passengers later reported gunfire, blue flares and deafening noise from the first helicopter at this time. During the raid, a number of passengers were fatally wounded.
Israel's account
According to the Israeli military, Israeli commandos prepared to encounter political activists seeking to hold a protest, were armed with paintball guns and handguns as sidearms. The soldiers had orders to peacefully convince the activists to give up, and if not successful, use non-lethal force to commandeer the ship. The commandos were instructed to use the sidearms in an emergency, when their lives were at risk.
The Israeli military reported that the commandos were immediately attacked after descending from helicopters onto the deck of the ship. Soldiers were beaten badly, including stabbings, and one was thrown to a lower deck 30 feet (9.1 m) below. Two Israeli commandos had their guns wrested away. An Israeli commando said that there was live fire at some point against them from below deck. Some of the commandos suffered gunshot wounds. According to Major Avital Leibovich of the IDF Spokesperson's Unit, the activists attacked the soldiers with knives, slingshots, spikes, and clubs, and with pistols that were seized from Israeli commandos. One soldier reported that the attack "looked like the Ramallah lynching."
Stun grenades and tear gas were used in an attempt to disperse activists. After this proved ineffective, the commandos requested and received permission to use live ammunition. The commandos then shot activists in the legs, which forced them to disperse. The commandos reached the bridge and took over the ship after 30 minutes.
The Israeli military released 20 videos of the incident. One video allegedly shows how the first commandos to rappel down to the deck were attacked by a mob, and includes a soldier being thrown to the lower deck. Other videos claim to show at least one incident in which a stun grenade and fire bomb was thrown at the soldiers, as well activists beating one of the soldiers and trying to kidnap him. Another video, edited from the ship's surveillance footage, is described by the IDF as showing activists preparing for a clash hours before the Israeli Navy made contact with the ship. Another video shows the first four commandos to rappel onto the deck were attacked by activists with bars, axes and knives. The fourth commando saw his team leader on the deck, with a Turkish activist holding the pistol he had grabbed from him and pointing it to his head. He jumped from the rope and managed to shoot the gun wielding activist, 20 seconds after the first soldier landed on the deck.
According to a preliminary navy investigation, some passengers attempted to take hostage three unconscious commandos by dragging them into one of the passenger halls below . They were held in passenger halls for several minutes until they regained consciousness and managed to join the other soldiers.
Israeli Prime Minister Benjamin Netanyahu, echoing other Israeli accounts, said that the events represent a clear case of self-defense of the IDF soldiers.
Journalist's, flotilla organizers' and activists' accounts
Organizers of the convoy have denied the account of Israeli military. Arafat Shoukri, of the Free Gaza Movement (FGM), one the co-organizers of the flotilla convoy, said those on board one ship had called them by telephone to say that Israeli helicopters had arrived. He said that from that moment on, he had witnessed shootings, and afterwards people on board shouted 'We are raising the white flag, stop shooting at us'. He dismissed Israel's claims of activists having pistols and other weapons as "cheap propaganda".
According to Mavi Marmara activists and personnel, Israel initially opened fire with warning shots but when the ship didn't stop the attack began. Activists said that sound and smoke bombs were used and then IDF commandos surrounded the ship and boarded from helicopters and from the sea. In contrast with the Israeli account, activists say that Israelis did fire on the boat before boarding, though they said that the use of force was non-lethal at that point. Activists on board agree that there was resistance but say it was not organized; rather the Israeli helicopters, ships and gunfire "created the atmosphere that people wanted to defend themselves." Activists say that the Israeli commandos used electric shocks on those who tried to form a human ring on the bridge. The wife of the Mavi Marmara captain, Nilüfer Ören, stated that IDF began tracking them after 90 miles (140 km), there were 40 ships surrounding the convoy and the announcement was made while the commandos were boarding from helicopters at 04:45 am. She also said that sound bomb and smoke bombs were used. Therefore activists and crewmembers used gasmasks.
Norman Paech, a former member of the German parliament Left Party who was aboard the Marmara said he only saw three activists resisting. "They had no knives, no axes, only sticks that they used to defend themselves," he told reporters. But he said he could "not rule out" that others used weapons somewhere else on the boat. Another eyewitness Huwaida Arraf says that the Israelis smashed her face against the ground and stepped on it; later they cuffed her and put a bag over her head.
Writer Edda Manga said five of the activists died directly while the rest died because they were denied medical treatment.
Kutlu Tiryaki, a captain of another vessel in the flotilla, said that the passengers did not have weapons at all, but only came to bring humanitarian help in a peaceful manner.
According to Al Jazeera journalist Jamal Elshayyal, at this point soldiers already shot "almost indiscriminately" with live ammunition from the helicopter. According to Elshayyal three persons died while passengers including a Knesset member tried in vain to make the soldiers help the wounded. Flotilla proponents and Turkish charity group leaders said that since the ships were on international waters, "even if we had used guns", abandoning the non-violence principle would still be legal as self-defense from Israeli "kidnapping" and "piracy". Prof. Mattias Gardell who was on-board stated that the soldiers came on-board with sharp loaded weapons with laser sights and at least four persons were killed execution style.
Due to a communications blackout after the attack, it was originally difficult to get accounts from activists on board. Newly released activists are beginning to make statements to the press. Activist Huwaida Arraf reported that once onboard the Challenger One, Israeli troops seized all communication equipment, cameras and memory cards from activists.
IHH president Bulent Yildrim stated that "passengers on the ship showed civil resistance, the press was there, and that the İHH (had) called on the passengers not to allow Israeli soldiers in".
Other boardings
Israeli sources say that the other five ships were boarded and taken over peacefully, and that the only incidents took place in the Mavi Marmara. Israeli minister Avigdor Lieberman has said, on the other five ships, "the people got off without a scratch." Multiple reports communicate that several people from the other ships were also wounded. Activists from the Sfendoni, the Free Mediterranean, and the Sofia reported that Israeli troops used tear gas, rubber bullets, and/or Tasers against activists on board.
Sfendoni
Retired diplomat Edward Peck, who was on board the Sfendoni, said that the commandos were well-trained, and behaved reasonably well. The soldiers scuffled with a few activists trying to bar their access to the wheelhouse, but there were no major injuries, Peck said. Paul Larudee, a 64-year-old former linguistics professor from El Cerrito, California onboard the Sfendoni, was beaten and tased according to information provided to his family by the US Consul General and his lawyers; his family has reported that Israeli consular officials informed them that Larudee, a pacifist, was beaten after refusing to follow the orders of troops.
Challenger One
The Challenger One accelerated its course in an attempt to allow journalists onboard to broadcast their photos of the ongoing raid. Huwaida Arraf, an American activist who was on the Challenger One reported that Israeli soldiers attacked those who tried to block them from taking over the vessel with kicks, tasers, and concussion grenades. First mate Shane Dillon reported that Israeli troops used stun guns and paintball guns to subdue activists on board, broke the nose of a Belgian woman among them, and beat another passenger. Australian photojournalist Kate Geraghty was attacked and tasered by Israeli troops aboard the Challenger One, while attempting to photograph the raid.
Sofia
Swedish author Henning Mankell reports that Israeli troops rappelled onto the Sofia about an hour after the raid on the Mavi Marmara. He claims they shot "an older man in the crew, he was perhaps a little slow" with an electric gun, and another man with rubber bullets.
Investigation for on-board weapons
A statement released by the Foreign Affairs Minister of Israel said that violence against the soldiers was pre-planned, and that "light weaponry" was found on the ships, including pistols that would have been seized from IDF commandos. Israel stated that the naval forces "found weapons prepared in advance and used against our forces." IDF photos displayed knives, metal and wooden poles, flares, wrenches and slingshots with marble projectiles said to have been used against the soldiers. The activists were said to have also lobbed stun grenades at IDF soldiers, and the IDF furnished video reflecting this. The IDF later reported that its searches of the ship uncovered a cache of bulletproof vests, night-vision goggles, and gas masks.
An activist denied the Israeli allegations about firearms, saying that it would have been impossible to have them on board because "all the boats were carefully inspected by the government before they left the port of departure." Turkish officials supported the activists' denials, stating that every passenger that had left Turkey had been searched with X-ray machines and metal detectors before boarding. Senior officials in the Customs Undersecretariat called the Israeli statements tantamount to "complete nonsense". A close-up picture of knives laid out on a flag and other potential weapons was presented to readers of Jerusalem Post as: The array of equipment found on board the ships that made up the Gaza aid flotilla was as divergent as the flotilla’s stated aims. The article title was "Wheelchairs as well as weapons found on board aid ships" A senior military Norwegian officer Palle Ydstebø stated after watching the released pictures that "This is not military equipment", With the exception of some of the blades and the large number of wooden handles, most tools and kitchen knives that are normally located on board the ship. Nothing of what we see in the picture is military equipment.
On June 4th, Walla! reported that a senior, but anonymous, IDF officer, interviewed to Kol Israel radio, said that activists threw weapons and firearms into the sea, and that rifle sight and bullets' casings that do not match IDF firearms were found on the ship. IDF officer added that "all those killed were terrorist". Haaretz and Israel Hayom reported similar claims.
Fate of participants
Following the boardings, Israeli naval forces towed the flotilla's vessels to Ashdod, from where the activists are to be deported. Israel said humanitarian aid confiscated from the ships would be transferred to Gaza, but that it would not transfer banned items such as cement.
At least 32 activists who had been aboard the ships were arrested and incarcerated by the Israel Prisons Service, after they refused to sign deportation orders, including two who were wounded but refused hospital treatment. According to several passengers including Swedish author Henning Mankell, Israel confiscated all their belongings such as money, credit cards, mobile phones, laptops, cameras, and their personal belongings including clothes. They were only allowed to keep papers. Irish Minister for Foreign Affairs Micheál Martin described the arrests as "kidnapping" and questioned the logic of bringing the detainees to Israel only to deport them there, instead of giving them "unconditional release".
As of 1 June, Israel was detaining 480 activists captured in the raid at a prison in Ashdod. Reacting to intensifying international criticism of the raid, Israeli officials announced that all 680 activists held would be released, including two dozen Israel had threatened earlier to prosecute charging they had assaulted its troops.
On 1 June, survivors of the Israeli assault on the flotilla returned to Greece and Turkey, where they provided the first eyewitness accounts. One of them, a Turkish mother whose one-year-old child was on board with her, had agreed to extradition from Israel after she was warned that the prison was "too harsh" for her baby. In the prison – another activist described – they were not allowed to contact lawyers, nor were they allowed to "go to the toilet, eat or drink water" and were videotaped throughout.
As of 1 June 2010, Israel planned to deport all of the foreign detained flotilla passengers within 48 hours of their arrival into Israel. Knesset Member Hanin Zoabi was released on June 1. Four other Arab Israelis remained detained: Muhammed Zeidan, Chairman of the High Follow-up Committee for Arab Citizens of Israel; Sheikh Raed Salah, Head of the Islamic Movement in Israel (northern branch); Sheikh Hamad Abu Daabes, the Head of the Islamic Movement in Israel (southern branch); and Lubna Masarwa of the Free Gaza Movement and Al Quds University. On June 3, the Ashkelon Magistrates' Court accepted an appeal for their release with bail, and the conditions that they remain under house arrest until June 8, and do not leave the country for 45 days.
There have been accusations of the use of violence against detained activists while in Israeli conducted interrogations. One activist said that "uring their interrogation, many of them were badly beaten in front of us," and that "here was great mistreatment after our arrest." Mattias Gardell also said there was sleep deprivation and that he was beaten several times. They have also said that the treatment they received was different depending on their skin colour, ethnicity and if they had a Muslim sounding name.
Fate of cargo
The IDF has said the aid was all equipment that has been regularly allowed into Gaza and was not in shortage. Accordingly, on 2 June 2010, some of the aid was loaded onto eight trucks and delivered to Gaza. According to Israeli and Palestinian sources, as of 2 June 2010 Hamas refused to allow the humanitarian aid into Gaza until Israeli authorities released all flotilla detainees and allowed building materials, which are thought to make up the vast majority of the cargo (8,000 of the 10,000 tons), to reach them.
Casualties
Activists
Nine activists were shot and killed in the raid. Eight men from Turkey who ranged in age from 32 to 61, were confirmed dead. Members of the Turkish Red Crescent, the largest humanitarian organization in Turkey, traveled to Tel Aviv to assist in the return of the dead and wounded. Among the dead is İbrahim Bilgen, a Turkish politician from the Felicity Party. The Anatolia news agency reported at least one American, Furkan Doğan, 19, among the dead. Doğan had one bullet wound to the chest, and four to the head, and was shot at close range according to forensic reports.
The Star-Telegram reported the raid also left "dozens wounded, with Israel resisting calls for an independent inquiry." As of 1600h on May 31, thirty-four activists were hospitalized, nine of them in serious condition. Among the wounded was American activist Paul Larudee, who was beaten and tased according to information provided to his family by the US Consul General and his lawyers. Seven activists remained under treatment in Israeli hospitals on June 3.
There were reports of scuffles at Ben Gurion airport. Ó Luain was injured when a row broke out with Israeli authorities but it is understood he was not seriously hurt. According to the flotilla activist Fintan Lan Ken a Irish-American passenger, was beaten by security officials at Tel Aviv airport before boarding, he had to be hospitalised. Sarah Colborn, a British person who was on the flotilla and has returned home, has disputed Israel's figure of nine dead, claiming more are missing.
On June 3, 2010, eight of the activists killed in the raid had a funeral in Istanbul, Turkey.
On June 4, 2010 CNN reported that Turkish autopsy results showed that all of the men shot "died of gunshot wounds." "From the analysis of the bullet distance on one of the bodies," Dr. Ince said, "the gun was fired between 2 and 14 centimeters' distance from the victim's head."
Israeli military
Israeli reports say that 10 soldiers were injured in the clash. As of 1600h on May 31, eight soldiers were hospitalized, two of them in serious condition, according to Israeli sources. The Israeli military stated that two soldiers had sustained gunshot wounds, and one soldier sustained a serious head wound and lost consciousness after being tossed from an upper deck by the activists. Channel 2 (Israel) has aired footage of an Israeli Navy sailor being stabbed by one of the Free Gaza activists.
Reactions
Main article: Reactions to the Gaza flotilla raidThere were widespread strong international reactions, issued by national authorities, supranational bodies, and non-governmental organizations.Official responses varied from deep concern over the killings to strong condemnations of the Israeli action. The UN Security Council formally condemned "those acts which resulted in the loss of lives" and called for a prompt, impartial, credible and transparent investigation conforming to international standards. Unofficial responses included widespread civilian protests of the Israeli action, following reports of the deaths.
Investigation
Israel has rejected calls for an international investigation of the raid, though it has left the door open to foreign involvement. Israel is saying that the country is able of conducting a credible review.
The Foreign Press Association, which represents hundreds of journalists in Israel and the Palestinian territories, has complained that Israel is validating its own account by selectively using the seized video and equipment from reporters on board. FPA also criticized Israel's use of captured material without permission. Journalist Paul McGeough told his consul-general "we were robbed of any electronic equipment that we had" and that ""Fairfax will fight this .. I could be back in Israel within two weeks to contest this."
Legal analysis
This section may lend undue weight to certain ideas, incidents, or controversies. Please help improve it by rewriting it in a balanced fashion that contextualizes different points of view. (June 2010) (Learn how and when to remove this message) |
International law experts differ over the legality of the Israel action, with some saying that the raid is a violation of the Law of the Sea, while others maintain that Israel may legally board foreign vessels in international waters as part of a naval blockade. Both sides state that Israel is required by law to respond with only a proportional use of force in the face of violent resistance; whether the force used was proportional is disputed. The issue of possible violation of international law was discussed at the UN security council. The United States blocked criticism of Israel for violating international law as proposed by Turkey, the Palestinians and Arab nations.
Aftermath
On May 31 Israeli P.M. Netanyahu asked U.S. President Barack Obama to veto any UN Security Council condemnation of Israel, but the president refused. At the UN security council, US did however block demands for an international inquiry into the raid (similar to Richard Goldstone's inquiry into the Gaza war) and the criticism of Israel for violating international law.
Egypt opened its Rafah Border Crossing with the Gaza Strip to allow humanitarian and medical aid to enter following international criticism of the raid and a call for the border to be opened by Hamas's leader Khaled Meshaal. It is not clear how long it will remain open. According to an Egyptian security source, construction materials such as concrete and steel are still required to be transported via Israel's border crossings.
On June 2, 2010 Israel decided to release over 600 of the detained activists.
On June 3, 2010 activists said they had another small Gaza-bound ship that was expected to arrive in the region early the next week. The ship is Irish-owned, and has the former Assistant U.N. Secretary-General Denis Halliday and Nobel Peace Prize winner Mairead Maguire on board. Halliday said that the ship will stop only when Israelis force the ship to do so. The Free Gaza Movement activists say they have equipped the ship with video and satellite devices to record what is happening on the vessel. The ship is carrying 550 tons of cement intended to rebuild schools, homes and other building destroyed in Gaza. Activists also said they were organizing a new flotilla to try to breach the blockade the next Autumn.
On June 3, 2010, in response to US pressure, Israeli Prime Minister Benjamin Netanyahu said that he was considering allowing international involvement in supervising the naval blockade. U.S. Secretary of State Hillary Clinton said "we are evaluating ways of expanding the flow of humanitarian assistance to the people of Gaza while protecting Israel's legitimate security interests."
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- By Ivan Watson and Talia Kayali. "''CNN'': Autopsies reveal 9 men on Gaza aid boat shot, 5 in head". Edition.cnn.com. Retrieved 2010-06-04.
{{cite web}}
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at position 3 (help) - Ron Ben-Yishai, A brutal ambush at sea, Ynet, 31 May 2010.
- IDF (May 31, 2010). "'Peace activists' stabbing IDF soldier" (Video) (in Hebrew). From Israel's Channel 2 -YouTube. Retrieved June 4, 2010.
- Harriet Sherwood in Jerusalem. "Gaza flotilla deaths: pressure builds on Israel for full inquiry | World news". The Guardian. Retrieved June 3, 2010.
- "U.N. Security Council Condemns 'Acts' in Israeli Raid". nytimes.com. Retrieved June 1, 2010.
- "U.N. condemns Israeli flotilla raid; calls for investigation". usatoday.com. Retrieved June 1, 2010.
- "UN formally condemns Israel's deadly assault on Gaza aid flotilla". worldbbnews.com. Retrieved June 1, 2010.
- "UN calls for inquiry into Israel flotilla attack". guardian.co.uk. Retrieved June 1, 2010.
- "Channel NewsAsia –Malaysians protest Israeli raid on Gaza flotilla". channelnewsasia.com. Retrieved June 1, 2010.
- "Politics – Thousands protest across Lebanon against flotilla killings". The Daily Star. Retrieved June 1, 2010.
- "Supporters protest against Israeli attack on Gaza aid flotilla in Turkey – People's Daily Online". peopledaily.com.cn. Retrieved June 1, 2010.
- ^ CBS/AP. "Israel's use of captured video draws criticism". CBS News. Associated Press. Retrieved June 4, 2010.
- John Lyons, Istanbul (2010-05-31). "''The Australian'': Australia-based journalists from Gaza flotilla 'fine'". Theaustralian.com.au. Retrieved 2010-06-04.
- "Was the Gaza Flotilla Raid Illegal?". The Guardian. Guardian News and Media. Retrieved June 2, 2010.
- "Israel should lead investigation into attack on Gaza flotilla, says US". The Guardian. Guardian News and Media. Retrieved June 2, 2010.
- Netanyahu may ease Gaza siege, Haaretz
- Israel should lead investigation into attack on Gaza flotilla, says US, Guardian
- ^ Alastair Macdonald (June 1, 2010). "Egypt opens Gaza border after Israel ship clash". Reuters. Retrieved June 1, 2010.
- Sherwood, Harriett (June 2, 2010). "Gaza flotilla deaths: pressure builds on Israel for full inquiry". Retrieved June 2, 2010.
- ^ Israel's use of captured video draws criticism, Associate Press
- Irish aid ship bound for Gaza won't stop 'unless forced to', CNN
- ^ "Under U.S. pressure, Netanyahu may ease Gaza blockade". Haaretz. June 3, 2010. Retrieved June 4, 2010.
- References with quoted text or translations
- "Israel asalta la legalidad internacional". El País (in Spanish). Retrieved June 1, 2010.
Al menos una parte de la versión del Ministerio de Defensa israelí resulta poco creíble: en las otras naves, donde supuestamente nadie opuso resistencia, también hubo heridos, como pudo comprobar este periódico hablando brevemente con algunos de ellos mientras eran ingresados en camilla en un hospital de Ashkelon.
(At least one piece of the account from the Israeli Ministry of Defence is scarcely believable: in the other ships, where nobody apparently offer any resistance, there were also some wounded people, as this newspaper was able to verify by briefly talking to some of the passengers when they were being admitted on stretchers to a hospital in Ashkelon.)
External links
- Gaza flotilla raid on Discourse DB (archive of notable opinion items)
- "The Gaza Flotilla archive" – delegitimize.com (tagged, searchable archive of factsheets, media coverage, and public statements)
- "Gaza Freedom flotilla carried world-renowned names and veteran activists" – The Guardian (lists passengers)
- "Q&A: The Gaza Freedom flotilla" – The Guardian
- Israel attacks Gaza flotilla – live coverage – The Guardian
- Straight into the trap – Haaretz
- Channel 2 footage of activists stabbing Israeli commando
- International response
- UN Security Council Condemns Acts Resulting in Civilian Deaths during Israeli Operation, Declaration after the first meeting, 31 May
- Global Condemnation of Israeli Armed Attack on Gaza-Bound Freedom Flotilla – video report by Democracy Now!
- Israeli response
- The Gaza flotilla and the maritime blockade of Gaza – Legal background, Israel Ministry of Foreign Affairs
- Communique from IDF Spokesperson with links to IDF videos, Israel Ministry of Foreign Affairs, 31.5.2010
- IDF's YouTube channel's section of the Gaza flotilla raid - videos from IDF footage and ship's security cameras, YouTube
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- Current events from May 2010
- Misplaced Pages neutral point of view disputes from June 2010
- 2010 in international relations
- 2010 in Israel
- 2010 in the Palestinian territories
- Blockades
- Greece–Israel relations
- International maritime incidents
- Israel–Turkey relations
- Israel – United States relations
- Conflicts in 2010
- Maritime incidents in 2010
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