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|url=http://online.wsj.com/article/SB10001424052748703703704575277632709673018.html?mod=WSJ_hpp_LEADNewsCollection | |url=http://online.wsj.com/article/SB10001424052748703703704575277632709673018.html?mod=WSJ_hpp_LEADNewsCollection | ||
|date=31 May 2010 | |date=31 May 2010 | ||
|publisher=Wall Street Journal}}</ref> Israeli accounts claim that soldiers, wielding non-lethal ], were attacked as they boarded the boat,<ref>{{cite web|last=Katz |first=Yaakov |url=http://www.jpost.com/Israel/Article.aspx?id=177040 |title=Navy commandos:‘They came for war’ |publisher=Jpost.com |date= |accessdate=2 June 2010}}</ref> while passenger accounts claim that the Israelis began attacking the boat passengers prior to the boarding.<ref>{{cite web|author=Dorian Jones in Istanbul and Helena Smith |url=http://www.guardian.co.uk/world/2010/jun/01/gaza-flotilla-eyewitness-accounts-gunfire |title=Israelis opened fire before boarding Gaza flotilla, say released activists | World news | guardian.co.uk |publisher=Guardian |date= |accessdate=2 June 2010}}</ref> The Israeli |
|publisher=Wall Street Journal}}</ref> Israeli accounts claim that soldiers, wielding non-lethal ], were attacked as they boarded the boat,<ref>{{cite web|last=Katz |first=Yaakov |url=http://www.jpost.com/Israel/Article.aspx?id=177040 |title=Navy commandos:‘They came for war’ |publisher=Jpost.com |date= |accessdate=2 June 2010}}</ref> while passenger accounts claim that the Israelis began attacking the boat passengers prior to the boarding.<ref>{{cite web|author=Dorian Jones in Istanbul and Helena Smith |url=http://www.guardian.co.uk/world/2010/jun/01/gaza-flotilla-eyewitness-accounts-gunfire |title=Israelis opened fire before boarding Gaza flotilla, say released activists | World news | guardian.co.uk |publisher=Guardian |date= |accessdate=2 June 2010}}</ref> The Israeli military said that 50 of the passengers were members of ], equipped with live weapons, bullet-proof vests, night goggles, and other military equipment.<ref> http://www.iba.org.il/world/?entity=648442&type=1 </ref> | ||
] has varied from strong criticism of Israel, to deep regret for the loss of life and requests for inquiries, with the ] condemning "those acts which resulted in the loss of at least 10 civilians and many wounded", and calling for "a prompt, impartial, credible and transparent investigation conforming to international standards".<ref name=UNSEC>{{cite web|url=http://www.un.org/News/Press/docs/2010/sc9940.doc.htm |title=Security Council Condemns Acts Resulting in Civilian Deaths during Israeli Operation against Gaza-Bound Aid Convoy, Calls for Investigation, in Presidential Statement |publisher=Un.org |date= |accessdate=2 June 2010}}</ref> Israeli Prime Minister ] said that "This is a clear case of self-defense. Israel cannot allow the free flow of weapons, rockets and missiles to Hamas in Gaza."<ref>{{cite web|url=http://www.pmo.gov.il/PMOEng/Communication/Spokesman/2010/06/spokehatshara010610.htm |title=Israeli Prime Minister's Office: PM Netanyahu Responds to the Security Events |publisher=Pmo.gov.il |date= |accessdate=2 June 2010}}</ref> | ] has varied from strong criticism of Israel, to deep regret for the loss of life and requests for inquiries, with the ] condemning "those acts which resulted in the loss of at least 10 civilians and many wounded", and calling for "a prompt, impartial, credible and transparent investigation conforming to international standards".<ref name=UNSEC>{{cite web|url=http://www.un.org/News/Press/docs/2010/sc9940.doc.htm |title=Security Council Condemns Acts Resulting in Civilian Deaths during Israeli Operation against Gaza-Bound Aid Convoy, Calls for Investigation, in Presidential Statement |publisher=Un.org |date= |accessdate=2 June 2010}}</ref> Israeli Prime Minister ] expressed regret for the loss of life, but said that "This is a clear case of self-defense. Israel cannot allow the free flow of weapons, rockets and missiles to Hamas in Gaza."<ref>{{cite web|url=http://www.pmo.gov.il/PMOEng/Communication/Spokesman/2010/06/spokehatshara010610.htm |title=Israeli Prime Minister's Office: PM Netanyahu Responds to the Security Events |publisher=Pmo.gov.il |date= |accessdate=2 June 2010}}</ref><ref></ref> | ||
The UN Security Council called for "the immediate release of the ships as well as the civilians held by Israel".<ref name=UNSEC /> Israel said it would release 620 of the 682 arrested people, and deport them back to their countries.<ref name="Sofer" /> The equipment found on the ships seized by the Israelis has been unloaded at the ] port to be inspected before the Israeli government will allow it into Gaza by land.<ref>{{cite web|url=http://www.ynetnews.com/articles/0,7340,L-3897599,00.html |title=After IDF raid, aid makes its way to Gaza |first=Amnon |last=Meranda |publisher=ynetnews | The UN Security Council called for "the immediate release of the ships as well as the civilians held by Israel".<ref name=UNSEC /> Israel said it would release 620 of the 682 arrested people, and deport them back to their countries.<ref name="Sofer" /> The equipment found on the ships seized by the Israelis has been unloaded at the ] port to be inspected before the Israeli government will allow it into Gaza by land.<ref>{{cite web|url=http://www.ynetnews.com/articles/0,7340,L-3897599,00.html |title=After IDF raid, aid makes its way to Gaza |first=Amnon |last=Meranda |publisher=ynetnews |
Revision as of 11:56, 2 June 2010
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Gaza flotilla raid | |
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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 and Gaza in international waters. |
Date | 31 May 2010 (2010-05-31) 04:30 (UTC+3) |
Deaths | At least ten activists |
Injured | up to 60 activists and 10 Israel Defense Forces (IDF) soldiers wounded. |
The Gaza flotilla raid occurred on 31 May 2010 in the international waters of the Mediterranean Sea, when Israeli naval forces seized an aid flotilla of six ships carrying 663 activists from 37 nations, known as the "Gaza Freedom Flotilla". The activists were planning to break through the Israeli Egyptian blockade of Gaza and deliver humanitarian supplies. The flotilla had refused to change its course to the port of Ashdod, where the Israeli government had said it would inspect the aid and deliver (or let humanitarian organizations deliver) items not banned by Israel (such as cement) to Gaza.
At least ten persons aboard the MV Mavi Marmara, the main ship of the convoy, were reportedly killed by Israeli soldiers when clashes broke out on the ship. Up to 60 activists and 10 Israel Defense Forces (IDF) soldiers were wounded in the clash. Israeli accounts claim that soldiers, wielding non-lethal paintball guns, were attacked as they boarded the boat, while passenger accounts claim that the Israelis began attacking the boat passengers prior to the boarding. The Israeli military said that 50 of the passengers were members of Al-Qaeda, equipped with live weapons, bullet-proof vests, night goggles, and other military equipment.
International reaction has varied from strong criticism of Israel, to deep regret for the loss of life and requests for inquiries, with the United Nations Security Council condemning "those acts which resulted in the loss of at least 10 civilians and many wounded", and calling for "a prompt, impartial, credible and transparent investigation conforming to international standards". Israeli Prime Minister Benjamin Netanyahu expressed regret for the loss of life, but said that "This is a clear case of self-defense. Israel cannot allow the free flow of weapons, rockets and missiles to Hamas in Gaza."
The UN Security Council called for "the immediate release of the ships as well as the civilians held by Israel". Israel said it would release 620 of the 682 arrested people, and deport them back to their countries. The equipment found on the ships seized by the Israelis has been unloaded at the Ashdod port to be inspected before the Israeli government will allow it into Gaza by land.
Background
See also: Free Gaza MovementHamas won in 2006 election and has been the sovereign power of Gaza. During that time, Israel declared itself to be in a state of war with Hamas-run Gaza. Egypt, for its part, does not recognize the Hamas government, but rather only the Palestinian Authority which Hamas ousted from Gaza. Arab foreign ministers and Palestinian Authority officials had presented a united front against the control of the Gaza borders by Hamas. Due to these factors, Egypt and Israel had enforced a military and naval blockade on Gaza. However, the United Nations has repeatedly criticized the blockade of Gaza calling it a collective punishment of the Palestinian people by Israel, as it restricts the flow of materials for basic needs and reconstruction. United Nations had also stated that the blockade hinders reconstruction aid of the damaged infrastructure and of 6,268 homes that were either destroyed or severely damaged in the Gaza War.
The "Gaza Freedom Flotilla", eight ships sailing under the maritime flags of, respectively, Comoros, Greece, Ireland, Kiribati, Turkey, and the United States. 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, including food, medicine, and building materials such as cement, with a value of $20 million, to the Gaza Strip. Israel bars cement and other building materials from reaching Gaza, saying that they will be used to make smuggling tunnels for explosives and arms. However, 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 FGM 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.
Declaring that the flotilla was "about to break international law", Israeli spokesmen had announced that the convoy would not be permitted to reach Gaza but would be redirected instead 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. Foreigners would be deported or, if they did not willingly agree to be deported, detained. The flotilla organisers rejected Israel's offer, however, 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." Prior to the boarding, activists aboard the ships repeatedly stated they would not respond with violence to the navy's interception of their flotilla.
The ships were owned or chartered by a number of non-governmental organizations, including the Free Gaza Movement (FGM), the Turkish Foundation for Human Rights and Freedom and Humanitarian Relief (İHH) and the Greek Boat for Gaza. IHH, the owner and operator of three of the five vessels commandeered during the raid, is a Turkish Islamist NGO that provides humanitarian relief around the globe, and that reportedly has ties to Hamas. The people aboard the flotilla included activists from many countries, as well as journalists, European parliamentarians, intellectuals, and 700 pro-Palestinian activists, including the Northern Irish Nobel Peace Prize laureate Mairead Corrigan Maguire, and the head of the Israeli Islamic Movement in Israel Raed Salah. Most of those aboard were Turkish citizens. All the participants, as well as their nationalities, are listed here, as declared by Israel's Interior Ministry (after their capture and pending their deportation).
Ships in flotilla
Ships involved in raid
The flotilla consisted of six ships. 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 Boat for 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 Foundation for Human Rights and Freedom and Humanitarian Relief (İHH), a Turkish Islamic charity, as no shipowner was willing to risk its vessel on the journey. 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 Ireland-flagged Rachel Corrie, named after 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 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 Nicosia, 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 onboard the flotilla
Main article: List of participants of the Gaza flotillaNotable 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.
Events leading up to the raid
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". The flotilla sailed after two days of delays, aiming to reach Gaza on the afternoon of 31 May. 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.
The Israeli navy contacted the captain of the Mavi Marmara, asking him to identify himself and say where the ship was headed. Shortly after, two Israeli naval vessels flanked the flotilla on either side, but at a distance, and an Israeli aircraft flew overhead.
Israel Navy: "Mavi Marmara, you are approaching an area of hostilities which is under a naval blockade. The Gaza area coastal region and Gaza harbor are closed to all maritime traffic. The Israeli government supports delivery of humanitarian supplies to the civilian population in the Gaza Strip, and invites you to enter the Ashdod port. Delivery of the supplies in accordance with the authorities' regulations will be through the formal land crossings and under your observation, after which you can return to your home ports aboard the vessels on which you arrived."
Response: "Negative, negative. Our destination is Gaza, our destination is Gaza."
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 repeated calls to turn back, Israeli soldiers from the Shayetet 13 unit boarded the ships at around 04:00 IST with paintball guns and handguns while in international waters 64 kilometres (40 mi) out to sea. There are no confirmed reports of live gunfire onboard the other five vessels. Activists on two ships, the Sfendoni and the Free Mediterranean, report being subdued with violence.
Mavi Marmara boarding
The boarding of the Mavi Marmara resulted in violent clashes between activists and Israeli soldiers, though the details are disputed. According to the IDF, activists responded to the boarding with violence, and soldiers were forced to fire in self-defense.
The Israeli military released video footage of the incident, which according to them shows the first soldier being attacked while boarding, and thrown to the lower deck; at least one incident in which a stun grenade and fire bomb was thrown at the soldiers; and activists beating one of the soldiers and trying to kidnap him. while others are beating the soldiers with a pole. 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. Adam Shapiro, a board member of the Free Gaza Movement, said that according to live Al Jazeera correspondence he had seen, the soldiers started opening fire immediately as they came down the ropes. A spokesperson for the Free Gaza Movement said in response that the activists were committed not to pose any violent resistance. "The only resistance that there might be would be passive resistance such as physically blocking the steering room, or blocking the engine room downstairs, so that they couldn't get taken over. But that was just symbolic resistance." According to Al Jazeera's journalist Jamal Elshayyal, on board the ship, live fire was heard after a white flag had been raised.
- Israeli military's account
According to the Israeli military, Israeli commandos said they were prepared to encounter political activists seeking to hold a protest, and were armed with paintball guns and handguns as sidearms. The soldiers orders were to verbally convince activists to give up, and if not successful, use non-lethal force to commandeer the ship. The commandos were instructed not to use the sidearms except 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 reportedly beaten badly, one was stabbed, and one was thrown to a lower deck 30 feet below. Two Israeli commandos had their guns wrested away. An Israeli commando said "There was live fire at some point against us ... They were shooting at us from below deck." 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 against resisting activists. The commandos then shot activists in the legs, which forced them to disperse, and advanced towards the bridge while firing at attacking activists. The commandos reached the bridge and took over the ship after 30 minutes. Some fighting can be seen in videos released by the Israeli military and Free Gaza activists.
Israel defended its actions, saying its soldiers were ambushed with knives and metal bars — as well as handguns wrested from the commandos
- Flotilla organizers' and activists' account
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 convey, said those on board one ship had called them by telephone to say that Israeli helicopters had arrived. "Then we started to hear screams, shouting, shooting everywhere," he said. "We heard some of them shouting 'We are raising the white flag, stop shooting at us'". He dismissed Israel's claims of activists having weapons on board 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. They stated that after boarding the IDF jammed communications and started shooting with live ammunition and tear gas even though they raised a white flag. They said that those on board defended themselves with wooden sticks and other items they could find on ship, while no one on board carried any weapons. According to the eyewitness account provided by some of the activists who had returned home, the Israeli commandos used electronic 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, 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.
Due to a communications blackout after the attack, it was originally difficult to get accounts from activists on board, however newly released activists are beginning to make statements to the press.
Norman Paech, a former member of the German parliament who was aboard the Marmara, said he heard detonations and then soldiers from helicopters dropped down on board, carrying "big guns" and being "extremely brutal". Regarding weapons being used by the activists, he denied seeing any knives and claimed he saw only "two and a half wooden batons" Another eyewitness 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.
Kutlu Tiryaki, a captain of another vessel in the flotilla, said "we did not have weapons, we came here to bring humanitarian help and not to fight (...) We heard the gunshots over our portable radio handsets (...) We were told by Mavi Marmara their crew and civilians were being shot at and windows and doors were being broken by Israelis," he continued.
- Other boardings
Although the Israeli army has stated that the only incidents took place in Mavi Marmara, Spanish newspaper El País has reported that several people from the other ships were also wounded. Activists from the Sfendoni and the Free Mediterranean reported that Israeli troops used tear gas, rubber bullets, and electrical shock against activists on board.
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 were 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 allegedly used against the soldiers. The IDF later reported that its searches of the ship uncovered a cache of bulletproof vests, night-vision goggles and gas masks.
In response, activists denied this saying that would be impossible because "all the boats were carefully inspected by the government before they left the port of departure." Turkish officials denied that weapons were on board, stating that every passenger had been searched with X-ray machines and metal detectors before boarding. Senior officials in the Customs Undersecretariat called the Israeli allegations tantamount to "complete nonsense". A senior Norwegian officer stated after watching the released pictures that "This is not military equipment", and that the pictures showed mostly kitchen-knives and equipment which were normal onboard a ship.
Fate of participants and cargo
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 two activists who had returned home, Israel confiscated all their belongings such as mobile phones, laptops, cameras, personal effects 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 June 1, 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 June 1, 2010, Israel planned to deport all of the detained flotilla passengers within 48 hours of their arrival into Israel.
On June 2, 2010, some of the aid was loaded onto eight trucks and delivered to Gaza. The IDF has said the aid was all equipment that has been regularly allowed into Gaza and was not in shortage.
There have been accusations of the use of violence against detained activists while in Israeli conducted interrogations. One activist clamed that "uring their interrogation, many of them were badly beaten in front of us," and that "here was great mistreatment after our arrest."
Casualties
Full details as to the exact number of injuries and deaths were not immediately available, because Israel military censors blocked that information from the press.
Activists
There were reports that at least ten activists had been killed and dozens injured. 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. The Israeli military said most of the dead were Turks. Seven people from Turkey were confirmed dead: İbrahim Bilgen, Ali Haydar Bengi, Ali Ekber Yaradılmış, Muharrem Kavak, Cevdet Kılıçlar, Cengiz Songül and Süleyman Uğur.
Israeli military
Israeli reports say that 10 soldiers were injured in the clash. 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, Israel released video interviews with those soldiers, while blurring their faces.
International reactions
Main article: International reactions to the Gaza flotilla raidThere were strong international reactions. Official responses varied from deep concern over the killings to strong condemnations. The UN Security Council formally condemned "those acts which resulted in the loss of lives". Unofficial responses included civilian protests of the Israeli action, following reports of the deaths.
The United Nations Security Council convened an emergency meeting at the request of Turkey, during which the Turkish foreign minister stated "Israel must be held accountable for its crimes" (prior to the meeting, the Palestinian ambassador to the UN called for an independent Security Council investigation). While the British ambassador said Israel should end the Gaza blockade and take steps for an investigation, the US deputy permanent representative supported the Israeli position that humanitarian aid should have gone by "accepted international mechanisms," and the Israeli deputy permanent representative said the flotilla was not humanitarian but had a mission of breaking the blockade.
The United States directly intervened to prevent the United Nations Security Council's statement, which requested an "impartial" investigation of the deaths and condemned those "acts" that led to it, from resembling that drafted by Turkey, the Palestinians and Arab states, which called for condemnation "in the strongest terms" and an independent international inquiry. 12 hours of negotiations were required to come up with a statement that suited all.
As a result of the emergency meet that went into the early hours of the morning, the council agreed condemn the acts that resulted in the deaths and injuries aboard the Mavi Marmara. They also called for a prompt, impartial, credible and transparent investigation conforming to international standards. This was different from what Turkey and the Arab states were demanded - an independent international investigation -- leaving open the possibility of who would conduct the investigation. NATO's Secretary General Anders Fogh Rasmussen said the organization joined calls for a "prompt, impartial, credible and transparent investigation" into the raid.
Israel and the United States rejected calls by the international community for an independent investigation into the raid.
Legal reactions
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 agree that Israel is required by law to respond with the proportional use of force in the face of violent resistance.
Legal opinions supporting the action
Mark Regev, spokesman for the Prime Minister of Israel, referring to the San Remo Manual on International Law Applicable to Armed Conflicts at Sea, said:
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.
The non-binding San Remo memorandum (paragraph 60, chapter e) states that refusing an order to stop or actively resisting visit, search, or capture may render merchant vessels military objectives. Paragraph 47, chapter c, states that vessels engaged in humanitarian missions and carrying supplies indispensable to the survival of civilian population are exempt from attack, on condition they were operating based on "agreement between the belligerent parties", but the government of Israel has indicated that it had not agreed to the vessels breaking the blockade.
"The Israeli blockade itself against Gaza itself is not illegal, and it's okay for Israeli ships to operate in international waters to enforce it," said Allen Weiner, former U.S. State Department attorney and legal counselor at the American Embassy in The Hague, and now a Stanford Law School professor.
According to Abbas Al Lawati, a Dubai-based Gulf News journalist on board the flotilla, Israel is likely to cite the Gaza–Jericho Agreement (Annex I, Article XI) which vests Israel with the responsibility for security along the coastline and the Sea of Gaza. 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.
Tel Aviv University law professor Yoram Dinstein has written that "there are several instances of contemporary (post-UN Charter of the Law of the Seas) practices of blockades, e.g., in the Vietnam and in the Gulf War."
Legal opinions opposing the action
Richard Falk, U.N. Special Rapporteur on the situation of human rights in the occupied Palestinian territory said that the “ships 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".
In a legal analysis published by the Frankfurter Allgemeine Zeitung, a staff expert on international law explained that countries are not allowed to extend their sovereignty on areas outside of their coastal waters. In a zone extending 24 nautical miles from the coast, countries have the right to inspect ships in order to enforce immigration and public health laws and regulations. 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. Israeli soldiers have the right to defend themselves. If Israel has used force against the ships without legal justification, the crew members had the right to defend themselves.
Robin Churchill, international law professor at the University of Dundee in Scotland, said there was no legal basis for boarding the ships as they were in international waters. Ove Bring, Swedish international law professor, said that Israel had no right to take military action. That was supported by Mark Klamberg at Stockholm University. Hugo Tiberg, maritime law professor and Geir Ulfstein, professor at maritime law at University of Oslo while Jan Egeland, director of the Norwegian Institute of International Affairs said that only North Korea behaved in international waters in the same manner as Israel. Canadian scholar Michael Byers notes 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." Jason Alderwick, a maritime analyst at the International Institute for Strategic Studies of London, was quoted as saying that the Israeli raid did not appear to have been conducted lawfully under the convention. Anthony D'Amato, international law professor at Northwestern University School of Law, 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 Geneva Conventions would apply. Said Mahmoudi, expert on international law, said that boarding a ship on international waters, kill and capture civilians is not in line with the law.
A group of Israeli lawyers, including Avigdor Feldman, petitioned the Israeli High Court charging that Israel had violated the United Nations Convention on the Law of the Sea by capturing the boats in international waters. In response to the petition, Israel's legal team wrote that "the petition suffers from a fundamental distortion in the description of the events as they actually transpired in reality, to such a degree that it is unclear what relationship there is between it and the possibility of doing justice, as the petitioners claim to seek in their action."
Turkey's foreign minister 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 have characterized Israel's actions as a violation of international law and a "war crime." Dr. Turgut Tarhanlı of the University of Istanbul cited the concept of innocent passage, 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.
Dr. Turgut Tarhanlı, from the law department of İstanbul Bilgi University, said
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.
Aftermath
Following the raid, Egypt opened its Rafah Border Crossing with the Gaza Strip to allow humanitarian and medical aid to enter, though 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.
As of June 2, 2010, amid a growing number of activist accounts of the events aboard the flotilla, Israel has decided to release over 600 of the detained activists.
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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.) - IDF forces met with pre-planned violence when attempting to board flotilla, Foreign Affairs Minister of Israel statement, 31 May 2010
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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 being called the contiguous zone, which extends 24 nautical miles 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." - Teibel, Amy (31 May 2010). "Israeli police say 16 Gaza activists sent to jail". Associated Press.
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ignored (|author=
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- How the flotilla bound for Gaza Strip sailed into death at sea. The Times, UK. June 1, 2010
- DN: Folkrättsprofessorn: Israel har brutit mot internationell rätt
- Izenberg, Dan (31 May 2010). "Israeli lawyers: Raid violates int'l law, Prosecution charges that Israel engaged in acts of piracy". Jerusalem Post.
- "Jurists: Israeli flotilla assault violation of international law". Zaman. 1 June 2010.
- "''Today's Zaman'': Jurists: Israeli flotilla assault violation of international law". Todayszaman.com. Retrieved 2 June 2010.
- ^ Alastair Macdonald (1 June 2010). "Egypt opens Gaza border after Israel ship clash". Reuters. Retrieved 1 June 2010.
External links
- "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
- Official material
- 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
- UN Security Council Condemns Acts Resulting in Civilian Deaths during Israeli Operation, UN Security Council declaration after the first meeting, 31 May 2010.
Categories:
- Current events
- 2010 in international relations
- 2010 in the Palestinian territories
- Blockades
- Greece-Israel relations
- International maritime incidents
- Israel–Turkey relations
- Israel – United States relations
- Law enforcement operations
- Maritime incidents in 2010
- Military operations involving Israel
- Operations involving Israeli special forces
- Political activism