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It appears that all nine fatalities were Turkish citizens and Turkey has withdrawn its ambassador to Israel.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.
Did the wind howl? Did the eagles fly? No Pig Fly and KF is back. Hope the Blawg does not offend your sensitive eye’s of sense of dignity today. We here may not always get along and some of us may even get a bit personal, but we don’t do one thing and that chew on the professor for “gramitical” errors.
Errors right now only apply to the Boys of Summer……Texas is playing some team called the Sox’s. I see after the score yesterday that they got cleaned, so they maybe White again. However, the only other team that plays in Chicago the Cubs or some other nefarious name tried to fix it in 08′ against the Giants.
So far Detroit has escaped any scandals of fixing games.
Ezekiel 7
The End Has Come
1 The word of the LORD came to me: 2 “Son of man, this is what the Sovereign LORD says to the land of Israel: The end! The end has come upon the four corners of the land. 3 The end is now upon you and I will unleash my anger against you. I will judge you according to your conduct and repay you for all your detestable practices. 4 I will not look on you with pity or spare you; I will surely repay you for your conduct and the detestable practices among you. Then you will know that I am the LORD.
5 “This is what the Sovereign LORD says: Disaster! An unheard-of [a] disaster is coming. 6 The end has come! The end has come! It has roused itself against you. It has come! 7 Doom has come upon you—you who dwell in the land. The time has come, the day is near; there is panic, not joy, upon the mountains. 8 I am about to pour out my wrath on you and spend my anger against you; I will judge you according to your conduct and repay you for all your detestable practices. 9 I will not look on you with pity or spare you; I will repay you in accordance with your conduct and the detestable practices among you. Then you will know that it is I the LORD who strikes the blow.
10 “The day is here! It has come! Doom has burst forth, the rod has budded, arrogance has blossomed! 11 Violence has grown into [b] a rod to punish wickedness; none of the people will be left, none of that crowd—no wealth, nothing of value. 12 The time has come, the day has arrived. Let not the buyer rejoice nor the seller grieve, for wrath is upon the whole crowd. 13 The seller will not recover the land he has sold as long as both of them live, for the vision concerning the whole crowd will not be reversed. Because of their sins, not one of them will preserve his life. 14 Though they blow the trumpet and get everything ready, no one will go into battle, for my wrath is upon the whole crowd.
15 “Outside is the sword, inside are plague and famine; those in the country will die by the sword, and those in the city will be devoured by famine and plague. 16 All who survive and escape will be in the mountains, moaning like doves of the valleys, each because of his sins. 17 Every hand will go limp, and every knee will become as weak as water. 18 They will put on sackcloth and be clothed with terror. Their faces will be covered with shame and their heads will be shaved. 19 They will throw their silver into the streets, and their gold will be an unclean thing. Their silver and gold will not be able to save them in the day of the LORD’s wrath. They will not satisfy their hunger or fill their stomachs with it, for it has made them stumble into sin. 20 They were proud of their beautiful jewelry and used it to make their detestable idols and vile images. Therefore I will turn these into an unclean thing for them. 21 I will hand it all over as plunder to foreigners and as loot to the wicked of the earth, and they will defile it. 22 I will turn my face away from them, and they will desecrate my treasured place; robbers will enter it and desecrate it.
23 “Prepare chains, because the land is full of bloodshed and the city is full of violence. 24 I will bring the most wicked of the nations to take possession of their houses; I will put an end to the pride of the mighty, and their sanctuaries will be desecrated. 25 When terror comes, they will seek peace, but there will be none. 26 Calamity upon calamity will come, and rumor upon rumor. They will try to get a vision from the prophet; the teaching of the law by the priest will be lost, as will the counsel of the elders. 27 The king will mourn, the prince will be clothed with despair, and the hands of the people of the land will tremble. I will deal with them according to their conduct, and by their own standards I will judge them. Then they will know that I am the LORD.”
Here is a concise summary of the law of blockades as applied to this situation by a British Law Professor, including the issues and the arguments available to each side:
http://business.timesonline.co.uk/tol/business/law/article7142055.ece
Mespo wrote:
“The question of proportionality is debatable, and I feel that IDF handled it appropriately. Others disagree.”
___________________
Notwithstanding the contrary evidence you and others have presented—regardless if factual or doctored and with all due respect to your reasoned approach to virtually all issues—I strongly disagree with your position regarding this specific subject.
Greenwald Destroys Spitzer on Israeli Piracy:
Isabel:
“Why do you only cite Israeli sources, the IDF, Israeli reporters? I wouldn’t believe a thing the Israelis said unless it was backed up by independent verification.”
The reporter was from the Israel newspaper, Yediot Achrono. You might as well question Woodward and Bernstein since weren’t they “American” reporters? Must we assume no amount of journalistic integrity because he was an Israeli reporter? What would you call judging a person’s integrity based on their nationality?
“The fact is that this ship was attacked in international waters by armed commandos at night, a total violation of international law of the sea.”
This is just not the law. Blockades are “legal” if for a legitimate purpose such as curtailing arms to be used on civilian populations. The requirement is one of proportionality of response as Professor Turley states. The question of proportionality is debatable, and I feel that IDF handled it appropriately. Others disagree.
“I wouldn’t believe a thing the Israelis said unless it was backed up by independent verification.”
There is no need to go to extremes to challenge the usual sources of proof like videos, photographs, reporter’s accounts and the like. Saying you refuse to believe any of it under any circumstances because it doesn’t meet your standard of objectivity, makes you dogmatic and your opinion unworthy of consideration since NO amount of quality of evidence could change your mind.
In the footage captured on the Mavi Marmara, activists are seen attacking the soldiers with a stun grenade, a box of plates, and water hoses as the soldiers attempt to board the ship.
The activists are also waiving around metal pipes and chains later used to attack the soldiers with. The IDF soldiers were armed with paint ball guns and pistols.
See Bryon, health problems have already started….
AY:
cough, cough, weez, weez
Ms. Darcy the IDF are the ones who provided us with the videos and the photographic evidence that supports what they are saying. As my dear Mespo points out, “What do folks think was going on here? Maybe a slingshot convention with a whittling exhibition thrown in along side.”
Bryon,
Better be careful patting yourself on the back so hard. You’ll either knock the wind out or cause other unintended consequences. Then you’ll have to see a Ortho and thats painful….
Mespo:
“How right you both are here.”
We are right most of the time. 🙂
PS I forgot to complement Prof. Turley on his even handed objective approach to not only this arrogant and stupid act, but other Israeli behavior. None of the commentators at the NYT or WAPO ever mention the fact that the blockade of Gaza is illegal and that prominent Jews and Israelis are opposed to the right wing’s activities.
ID,
Good points all the way around.
Bdaman,
The terrorists were equipped with bullet proof vests, night-vision goggles, and weapons.
Wow, this could be any Policia department here in the US. Did someone get lost?
mespo,
If its good enough for the pirates its good enough for them.
This whole thing is just crazy.
Mespo and BDMAN-
Why do you only cite Israeli sources, the IDF, Israeli reporters? I wouldn’t believe a thing the Israelis said unless it was backed up by independent verification. The fact is that this ship was attacked in international waters by armed commandos at night, a total violation of international law of the sea. If the commandos killed 9 people and injured more, I would want to beat the crap out of them too. You should note that the doctored still of the ship passenger clubbing someone with a pipe released by the IDF was taken at dawn, a long time after the illegal raid. I am surprised the passengers if they are Hamas as claimed, didn’t take the Israeli’s commando’s guns away from them and shoot them.
Karl Friedrich-Prof. Turley doesn’t have to maintain this blog at all. Where else can you learn that a milkshake at Cold Stone Creamery has over 1,000 calories? Or, that someone ripped out another person’s beating heart. I don’t know where he finds the time to dig up these news reports, let alone write the commentary, so I would definitely ignore the typos. As pointed out previously, if the typos cause you too much Angst, you can either go to the corrections page and vent there or simply go away.
Bdman & Byron:
How right you both are here. What do folks think was going on here? Maybe a slingshot convention with a whittling exhibition thrown in along side. This was a made for media event, and the IDF got sucked in. I suggest next time the IDF disable the engines on the boats running the blockade in international waters and let them drift.
In a special meeting of the Security Cabinet it was disclosed that a group of 40 people on board the Mavi Marmara with no identification papers belong to Al Qaeda. The terrorists were equipped with bullet proof vests, night-vision goggles, and weapons.
http://dover.idf.il/IDF/English/News/today/10/06/0201.htm
Mespo:
sounds like they were expecting the Israelis to do something and were prepared for it. I think this was a set up and planned in advance.
Hamas has been using a PR campaign to turn Israel into an apparent repressive state. It seems to be working pretty well given most of the worlds predisposition to anti-semitism.
“Funny” how a group of individuals who have Nazi Germany as a model and former ally would want to stick it to Jews and “funnier” still how many rush to side with Hamas.
The only civilized country in that area of the world being pounded into submission by a group of 7th century barbarians who want them dead and Israel wiped off the world map.
It isn’t hard to figure out which side is right, just look at the core tenants of their philosophy of life and there is the answer.