Gaza Raid Triggers International Outcry and Question of International Law

International outcry over the commando raid on a flotilla bringing food and medicine to Gaza continues to grow. Israel insists that its soldiers were merely defending themselves in the shootings that left 9 people dead. Human rights activists insist that the troops opened fire on civilians onboard the ships. Whatever the final facts, the tragedy has brought even greater scrutiny of the long-condemned blockade in Gaza that has led to a humanitarian crisis.


It appears that all nine fatalities were Turkish citizens and Turkey has withdrawn its ambassador to Israel. Turkey’s Foreign Minister Ahmet Davutoglu called the raid “banditry and piracy” on the high seas and “murder conducted by a state.”

Seven Israeli soldiers were also wounded, one seriously.

Israel has been criticized for years over the blockage, which has barred medical and other supplies from countries from France to Turkey to England. Israel imposed the blockade in response to Hamas winning elections in Gaza. Maj. Gen. Eitan Dangot, the Israeli military’s chief liaison with the Palestinian-controlled territories, said “We will not allow ships to come to Gaza while Hamas is in control there.”

While various organizations and countries have denounced the blockade as causing great hardship, Israel recently taunted critics by releasing a video of the Roots restaurant — one of the finest restaurants left in Gaza to show that fancy meals are still be served. The IDF noted “we have been told the Beef Stroganoff and cream of spinach soup are highly recommended.”

That move backfired as humanitarian groups alleged that the pictures were dated and the food was smuggled through tunnels for a small percent of wealthy Gazans. Eighty percent of Gazans are being supported by international relief supplies and the United Nations has said that the blockade is causing a health crisis in Gaza.

The blockade itself raises serious legal questions, particularly as a form of collective punishment against Gazans for their election of Hamas party members. Under international law, Israel cannot deny basic supplies to the population. There is also the question of the right of Israel to board the vessels in international waters. Furthermore, there are strict guidelines on the response by military and police in law enforcement situations. The San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994, is viewed as customary international law and limits such claimed acts of self-defense to proportional acts:

3. The exercise of the right of individual or collective self-defence recognized in Article 51 of the Charter of the United Nations is subject to the conditions and limitations laid down in the Charter, and arising from general international law, including in particular the principles of necessity and proportionality.

4. The principles of necessity and proportionality apply equally to armed conflict at sea and require that the conduct of hostilities by a State should not exceed the degree and kind of force, not otherwise prohibited by the law of armed conflict, required to repel an armed attack against it and to restore its security.

Arguments that these searches were acts of self-defense are undermined by Israeli officials tying the blockade to the Hamas election as opposed to gun running. There is no question that Hamas is a legitimate concern for Israel and that Israel has a legitimate interest in ending the attacks on its borders. However, international law requires proportionality and protects foreign flagged vessels in international waters. To the extent that these searches are viewed as collective punishment, they would be viewed widely as an international violation.

While Israel has said that the ships can land in Israel for inspection and transfer to Gaza, international groups charge that the government holds on to the supplies and slows supplies to a trickle to punish Gazans for their support of Hamas. The World Health Organization has charged that Israel is stopping medical supplies and needed machines, like x-ray machines, from entering Gaza, here.

Prominent Jewish figures have also joined in condemning the blockade, here.

One country likely to face increased pressure is Egypt which under U.S. and Israeli pressure has closed its border to these goods passing through to Gaza. With the ongoing scandal over Israel’s assassination in Dubai in violation of the laws of various allies (here), this latest incident has already sparked massive protests around the world.

UPDATE: As expected, Egypt has opened its border to goods in response to the raid, here.

For the full story, click here and here.

153 thoughts on “Gaza Raid Triggers International Outcry and Question of International Law”

  1. K.F.,

    I’ll be at the Austin Hilton. I will probably be wearing one of my favorite shirts. See if you can find me in the crowd.

    sporthttp://www.tommybahama.com/TBG/Men/Mens_New_Products/PRD_T33243/Jungle+Air+Camp+Shirt.jsping

    Are you the one and only Karl Friedrich Schinkel? If so, I like your work. But if memory serves me correctly this Karl Friedrich Schinkel’ dead. Unless, you have been called by Harry’s widow you’re dead by at least 20 years before the start of the war atween the states.

    Look me up…..

  2. The “MSM”seems to be avoiding this story like its a plauge.I don’t know but I would imagine if I were there and I saw people deploying out of helicopters with full combat gear,I would assume that they are not to happy to see me or anyone else for that matter.

  3. Karl Friedrich:

    is that a threat? I would not mess with AY, he is a gentleman but I imagine he can roll with the best of them.

    I would just take him to dinner.

    Is that the Marxian Ideal? Resort to violence when you don’t get satisfaction through the political process because no one likes your ideas.

    Well yes it is, I guess I answered my own question.

  4. ANON. I’ll be in Austin then too. Hope we can meet so I can tell you in person what I think of you.

  5. Berliner, thank you.

    It is indeed a persistent urban legend. Einstein was very proficient in math throughout his life.

    http://www.abc.net.au/science/articles/2004/06/23/1115185.htm

    Since your name is “Berliner,” it reminds me that this legend is as notorious as the canard that when John F. Kennedy said “Ich bin ein Berliner,” he was saying that he was a jelly doughnut.

    http://en.wikipedia.org/wiki/Ich_bin_ein_Berliner

    The scholarly evidence against this myth is overwhelming.

    The most telling fact to me is that Kennedy rehearsed the speech, including the correct pronunciation of its two German sentences, repeatedly with Berlin Mayor Willy Brandt in Brandt’s office before its delivery. It is inconceivable to me that Brandt, a Berlin native, would have let the American President make such a mistake in a speech that was vital to the very existence of his free city.

    When I wanted a jelly doughnut in Berlin, I asked for a pfannkueche. I got my jelly doughnut.

  6. “… It is rumored that Einstein flunked 6th grade math, so what is your point? …”

    That is actually an urban legend which originated when German (where 1 is the best and 6 is the worst grade) biographers misinterpreted his Swiss (where 6 is the best and 1 is the worst grade) school reports.

  7. Nal, Thank you. I checked on line and they are sold out. This is true even for the obstructed views.

  8. Hasn’t changed a bit. Expect 100+ degree temps. I’ll be on the Hike & Bike Trail. I’ll be the one walking and admiring the “scenery”. Neil Young is in concert Sat.

  9. Nal,

    Thank you. Hey, I’ll be in Austin this weekend. Is 6th Street/ Old Pecan Street as good as I remember?

  10. K.F.,

    Where are you referring to shits in this article. The professor acknowledges that he can’t spell worth a shit. This should come as no surprise. It is rumored that Einstein flunked 6th grade math, so what is your point? It is not been proved but it has been stated that he struggled in history and languages.

    What I can say is that you make only one point. You are a pompous ass, certainly we are not worthy of your attention. So please go to a site where the grammar style will be more to your liking.

  11. Add this atrocity to a long list of Israeli crimes.

    PS: This site features some terrible spelling errors in almost every other article. For example “shits” for “ships”. Very careless & amateurish.

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