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Gaza FlotillaThe Gaza Flotilla and the Maritime Blockade of GazaLegal Background – 31 May 2010 1.
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.
2. Maritime blockades are a legitimate and recognized measure under international law that may be implemented as part of an armed conflict at sea. (Examples: USA blockaded Cuba, UK blockaded The Falklands, the EU blockaded Yugoslavia) 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9.
Here we should 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.
10. 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. 11. 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. 12. Israeli personnel attempting to enforce the blockade were met with violence by the protesters and acted in self defense to fend off such attacks. For more details on the entire event, check http://www.flotillafacts.com/ VIDEO RESOURCESFor a video of the violence inflicted on the Israeli soldiers as they boarded the ship, see http://www.youtube.com/watch?v=bU12KW-XyZE&playnext_from=TL&videos=KoyKrtEKHmY&feature=sub
For a spoof entitled "We Con the World," watch this video
in which the Gaza Flotilla participants explain how they can con the
world. The song is to the tune of "We Are the World." The lyrics are as
follows:
There comes a time When we need to make a show For the world, the Web and CNN There's no people dying, so the best that we can do Is create the greatest bluff of all We must go on pretending day by day That in Gaza, there's crisis, hunger and plague Coz the billion bucks in aid won't buy their basic needs Like some cheese and missiles for the kids [Chorus]: We'll make the world Abandon reason We'll make them all believe that the Hamas Is Momma Theresa We are peaceful travelers With guns and our own knives The truth will never find its way to your TV Ooooh, we'll stab them at heart They are soldiers, no one cares We are small, and we took some pictures with doves As Allah showed us, for facts there's no demand So we will always gain the upper hand [Chorus] If Islam and terror brighten up your mood But you worry that it may not look so good Well well well well don't you realize You just gotta call yourself An activist for peace and human aid [Chorus] |