There’s been a lot of misinformation being reported about the nature of Egypt and Israel’s blockade of Gaza. While the casualties on both sides are a tragedy, Israel had no choice but to stop the flotilla from breaking the blockade – and international law. While Israel was forced to take action in international waters, its actions are supported by international maritime law.
Below, find 13 clear points which explain Israel’s maritime blockade, supported by international law.
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.
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. This is directly stated in Section IV, Article 10 of the ICRC.
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. According to Section V, Article 67 (a) of the ICRC, merchant vessels flying a neutral flag may be intercepted if they are “breaching a blockade.”
11. 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.
12. 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.
13. Israeli personnel attempting to enforce the blockade were met with violence by the protesters and acted in self defense to fend off such attacks.
There will be more on this story, I'm sure. Another "Free Gaza" ship is headed to the blockaded area, and is expected to arrive sometime toward the end of this week. Israel has vowed to hold the naval blockade, ensuring another confrontation.
A forgotten fact in this situation is that Egypt also maintains a blockade, even more strict than Israel's (although smuggling tunnels permeate the Gaza/Egypt border). While Israel delivers several tons of humanitarian supplies to Gaza six days a week, Egypt rarely opens their border to deliver aid.
Great article explaining a pretty complicated concept that no one seems to understand. I just wish more news sources explained the legal side of current events sometimes.
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