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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It appears that all nine fatalities were Turkish citizens and Turkey has withdrawn its ambassador to Israel.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. Mes,

    “For those who believe, no proof is necessary. For those who don’t believe, no proof is possible.”

    Stuart Chase

  2. From the BBC:

    The best account so far of what happened has come from Ron Ben Yishai, a reporter with the Israeli newspaper Yediot Achronot, who was an eyewitness. (Update: Ben Yishai’s was the first detailed account, and obviously he was placed with the Israeli forces. Other accounts have since come out, from passengers, reported on the BBC website.)

    He says the plan was to land a team on the top deck and rush the bridge and take control. The assessment, he reports, was that the passengers would show “light resistance and possibly minor violence”.

    The soldiers, he says, were told to confront protesters verbally, use crowd control tactics and use firearms only to save their own lives.

    However, as the first troops rappelled down, one by one, “the unexpected occurred. The passengers… pulled out bats, clubs and slingshots with glass marbles, assaulting each soldier as he disembarked”.

    You can see some of this on a video taken by the Israelis. Individual soldiers landing on deck are outnumbered and set upon. One protester using a club is wearing a gas mask. Other videos released by the Israelis show the catapults, marbles, metal rods and a knife they recovered.

    Ron Ben Yishai mentions the bizarre use by the soldiers of paintball guns, probably filled with irritants. You can see one of them in profile on the video. These, he said, were not effective.

    The commandos were unable to rush the bridge as planned and a second troop was sent in from another helicopter. By now about 30 activists were confronting about 30 troops on deck.

    But something more serious was happening. The reporter states that the protesters “attempted to wrest away [the soldiers’] weapons”. They got hold of one handgun, he says, when one soldier, seen on the video, was thrown from the upper deck on to the lower.

    (Update: this soldier has now identifed himself as the second man onto the deck and the unit commander. Speaking from a hospital bed, he said he had fired his gun at an activist who came at him with a knife but was subsequently stabbed in the stomach anyway. After being thrown onto a lower deck he and another soldier jumped into the sea to escape. He did not mention his pistol being taken from him. He also said the troops expected only passive and verbal resistance.)

    The soldiers, who had started to use stun grenades, then asked for permission to use their firearms. They were given the go-ahead.

  3. Do you know those thousands personally? Or is it the voices again?

    As to what people believe, that would be their prerogative.

    Some people believe in gravity. Some people don’t.

    Choose wisely.

    [youtube=http://www.youtube.com/watch?v=IKOckpO1WA8&hl=en_US&fs=1&]

  5. I’ll think I will stick to what I know which is pointing out picayune jackasses and liars and ridiculing them. So how about you, KF, learning some manners. I’m not the bear you want to poke, Grammar Nazi.

    By the way, Mr. Factual, Buddha was indeed a historical person named Siddhārtha Gautama. Buddha is a title. Just like Wayne is a title.

  6. Right Budda. I’m aware of what my options are and don’t need email advice from fat mythological creatures from the past.

    Just stick to what you seem to know fairly well, the fascistic tendencies of contemporary Zionism.

  7. US activist loses eye after being shot in face with tear gas canister after protesting in West Bank http://palsolidarity.org/2010/05/12604/

    If we had a free press, every American would know the name of Emily Henochowicz. Instead, we get the 24/7 IDF newsreel. Interesting how that happens.

  11. E-mail notification is optional, KF.

    If the spelling errors are so disturbing, you can feel free to opt out at any time. Or you could cut a very busy guy, our host, some slack. Or you could get your panties twisted up over a notification that still got you to visit, misspelled or not.

    Freedom of Choice.

  12. FED: Some occasional spelling errors are of course acceptable but this is the email I got early this AM introducing this post:

    “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 board the shits. 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.

    Read more of this post”

    Now I don’t know why the post has changed since I got the email but virtually every other email from this blog that introduces new topics has similar glaring spelling errors and it was getting so tiresome I felt compelled to mention it, so don’t get all bunched up over it.

  13. Byron,

    Unlikely. Hammas aren’t totally stupid. They would risk recent gains they’ve had politically due mostly to Israel’s occupation and repression in Gaza reaching inhumane levels that even allies cannot ignore. If found out, retaining those recent gains far outweigh the risks of that kind of ploy if it failed. Hammas really needs to do nothing but wait and watch while Israel becomes the very thing it was created as a bulwark against – something they show every sign of doing at this point under Bibi the War Monger. If it’s a ploy? Possible Israel or Turkey. Israels ploy would be obvious “justification” for their act of piracy. If Turkey? I cannot tell to what end unless the Turkish want to cozy up to Iran which is not in their best interests as members of NATO.

  14. Buddha:

    that video that Lottakatz posted gives me pause to think this entire incident was a staged provocation by Hamas to elicit sympathy.

    Your thoughts?

  15. Nal
    1, June 1, 2010 at 10:32 am
    The Legal Position on the Israeli Attack

    Good reference regarding the San Remo Manual, even GG didn’t cite this.

    /Couldn’t find the “shits”. If it weren’t for typos, I would be just another commenter, and not a very good one at that. At least Elaine has poetry.

    ————–
    “Just another commenter” ? Posting on the “Corrections” page are real postings! You are the GHOD of the “Comments” and your brief comments (maybe all to brief) are always of interest to me. If I ever have occasion to argue the theory of evolution, or the virtue of natural selection, or the magnificence of time and opportunity providing a niche for every living organism (and vice versa) your contributions (and the vital niche they occupy) and the Turley blawg are the perfect example 🙂

    And hey, spelling police, the position’s been filled by a gentleman and a scholar. Leave the Prof alone.

  16. “Once the shooting starts all bets are off.”

    LK summed it up nicely there, mespo. Here’s another precept of martial arts. Once you (the general “you” as in “aggressor”) attack me (the general “me” as in “anyone”), your life is forfeit by your choice, not mine. If you have indicated you are willing to use lethal force, then I have no compunction about using lethal force in return if unable to otherwise render you incapable of further attack. That’s self-defense 101.

    I think we’re going to disagree on this one.

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