The below article should put an end to all allegations that Israel acted Illegaly. I also know that the Israel Navy checket all legal issues beforehand. (About place of boarding and so on. Obviously they did not know about the firefight that would ensue.) Just as Allied navies took on Axis shipping mostly in internationall waters in WW2 and were not breaching international maritime law so Israel did not either. Many people are accusing Israel of of Piracy in this instance. Piracy is defined in the article bellow. Since private enrichment was not the reason for boarding the flotilla there was no Piracy.
People have a way of accusing and running thier mouths (or typing and posting in the internet.) with no knowledge of what they are claiming.
Was Israel’s Boarding Of the Gaza Flotilla a Violation of International Law?
Posted by jeffdunetz (Profile)
Monday, May 31st at 8:58PM EDT
A friend of mine (who I respect) called to tell me that he is done with Israel. He said the IDF violated international law by attempting to board the boat in international waters and the IHH terrorists were justified because they were defending themselves in international waters. Which to be honest, was something I did think of so I did a bit of research. I found a source that indicates that Israel was indeed, within legal bounds when it boarded the boat last night.
According to the San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994:
SECTION V : NEUTRAL MERCHANT VESSELS AND CIVIL AIRCRAFT
Neutral merchant vessels
- Merchant vessels flying the flag of neutral States may not be attacked unless they:
(a) are believed on reasonable grounds to be carrying contraband or breaching a blockade, and after prior warning they intentionally and clearly refuse to stop, or intentionally and clearly resist visit, search or capture;
(b) engage in belligerent acts on behalf of the enemy;
© act as auxiliaries to the enemy s armed forces;
(d) are incorporated into or assist the enemy s intelligence system;
(e) sail under convoy of enemy warships or military aircraft; or
(f) otherwise make an effective contribution to the enemy s military action, e.g., by carrying military materials, and it is not feasible for the attacking forces to first place passengers and crew in a place of safety. Unless circumstances do not permit, they are to be given a warning, so that they can re-route, off-load, or take other precautions.
NOTE: the San Remo Manual is not a treaty, but considered by the ICRC to be reflective of customary law.
Also, on piracy: the definition of piracy under the UN Convention on the Law of the Sea, section 101, is clear that piracy can only occur where there are “illegal acts of violence or detention” that are “committed for private ends.” Israeli actions were legal under the law of armed conflict (as evidenced by the San Remo Manual) and in any event, were not committed for private ends. Anyone using the term piracy to describe the Israeli action is clearly not aware of international law on the subject.
Here’s the bottom Line:
•A maritime blockade is in effect off the coast of Gaza. Such blockade has been imposed, as Israel is currently in a state of armed conflict with the Hamas regime that controls Gaza, which has repeatedly bombed civilian targets in Israel with weapons that have been smuggled into Gaza via the sea.
•Maritime blockades are a legitimate and recognized measure under international law that may be implemented as part of an armed conflict at sea.
•A blockade may be imposed at sea, including in international waters, so long as it does not bar access to the ports and coasts of neutral States.
•The naval manuals of several western countries, including the US and England recognize the maritime blockade as an effective naval measure and set forth the various criteria that make a blockade valid, including the requirement of give due notice of the existence of the blockade.
•In this vein, it should be noted that Israel publicized the existence of the blockade and the precise coordinates of such by means of the accepted international professional maritime channels. Israel also provided appropriate notification to the affected governments and to the organizers of the Gaza protest flotilla. Moreover, in real time, the ships participating in the protest flotilla were warned repeatedly that a maritime blockade is in effect.
•Here, it should be noted that under customary law, knowledge of the blockade may be presumed once a blockade has been declared and appropriate notification has been granted, as above.
•Under international maritime law, when a maritime blockade is in effect, no boats can enter the blockaded area. That includes both civilian and enemy vessels.
•A State may take action to enforce a blockade. Any vessel that violates or attempts to violate a maritime blockade may be captured or even attacked under international law. The US Commander’s Handbook on the Law of Naval Operations sets forth that a vessel is considered to be in attempt to breach a blockade from the time the vessel leaves its port with the intention of evading the blockade.
•Note that the protesters indicated their clear intention to violate the blockade by means of written and oral statements. Moreover, the route of these vessels indicated their clear intention to violate the blockade in violation of international law.
•Given the protesters explicit intention to violate the naval blockade, Israel exercised its right under international law to enforce the blockade. It should be noted that prior to undertaking enforcement measures, explicit warnings were relayed directly to the captains of the vessels, expressing Israel’s intent to exercise its right to enforce the blockade.
•Israel had attempted to take control of the vessels participating in the flotilla by peaceful means and in an orderly fashion in order to enforce the blockade. Given the large number of vessels participating in the flotilla, an operational decision was made to undertake measures to enforce the blockade a certain distance from the area of the blockade.
•Israeli personnel attempting to enforce the blockade were met with violence by the “protesters” and acted in self defense to fend off such attacks.
My friend’s objection was a thoughtful one, made out of a respect for the law, however, the laws of the sea indicate that Israel was in her bounds when she boarded the terrorist boat last night.
Since I actually had some free time last night some other answers to issues that were raised in this thead.
In 1917 the country of Great Britain recognized Israels right of existance in the whole of “Palestine” with the Balfour Declaration. Only a few years later in 1922 they carved 80% of this land tract awayand eventually created the country of Jordan in 1946. A country with no history prior to 1922. Jordan is predominaltely “Palestinian” in demographic makeup. Why the british decided to import Abdullah from Mecca to rule over the predominately “Palestinian” population is another story of devious British self interest. Curently the ,Grandson or great grandson, the current king of Jordan is married
to a Palestinian in order to give himself more credibility in his Hijacked kingdom.
In 1947 UN resolution 181 then carved the remaining part of “Palestine”
into half giving the Jews part and the Moslems part. I can’t say that the Palestinians rejected this offer because the Jewish Palestinians (More than half the population.)accepted. It was only the Moslem Palestinians who rejected and instead of a seperate state they got 19 years of harsh Jordanian
and Egyptian rule. Just ask any Palestianian about Black September when the Jordanians butchered tens of thousands of Palestinians in the 70s.
Many people refer to Israel as a colony.
The definition of colony is - Any people or territory separated from but subject to a ruling power. Israel is not a colony because it is self ruled by the inhabitants of the land. No foriegn power rules Israel.
Kit you keep on claiming Israel to be a state dreamed up and planted where it is by imperialists. Any amature archeologist can tell you that the state of Israel existed way before any of the so called modern imperialists existed and even way befor there was a religion called Islam. This is well documented by ancient coins, pottery, writing, scrolls and even Hyrogliphics and Cunieaform.
The Moslems captured a lot of land about a thousand years ago. The captured populations were usually not treated so well. They were usually given the chioce of death, converion to Islam or slavery. So now the shoe is on the other foot. Since noone is forcibly trying to convert them they are already off to a good head start.
How can Israel the only predominately Jewish state in the world get a fair shake in the UN, a body that has about 40 Muslim State Members!? And another approximately 50 European members most of whom either slaughtered Jews for centuries and or calaborated with the Nazis in thier final solution!
Israel is not an aparthied state. It is a theocratic democracy. This means that Religion has bearing. For example in Israel there is no Civil way to get married. You get married by a Rabbi, Priest or Cleric.
The same goes for divorce. (By the way if I were to ever get divorced as a man I would prefer it to be in a Moslem court of law!) It does not mean that one religion has more or less rights than another.
Moslem Clerics get thier salaries from the government just as the Chrisian preists and Rabbis do. This is probably a good explanation to kits remark about citizenship and nationality. I must say that using the word nationality is wrong. The word religion should be used instead. It is probably due to mistranslation.
Quoted from Kit If every population were to go about trying to settle centuries old grievances, or claim ownership of land through violence there would be very few safe places left to live on this planet.
Actually there aren’t many safe places to live on this plannet! Just look at the Balkans, Africa, Kashmir and now Kyrgestan.
I don’t know of too many borders that were not settled by a war or two or more.
I don’t like politics much and just want to fairly get the most out of life as possible. However I will defend my country as any good citizen of any country must. The reason why - because my country Israel protects
my family and myself from Holocausts, Inquisitions, Crusades, Pogroms, Blood liebels and “unfortunate history” asWobbling Bear so graciously describes the calamities of whole populations.