Monday, May 31, 2010

The Gaza Flotilla and the Maritime Blockade of Gaza

The following was emailed to me by Eddie and Jackie Santoro of Zion's Glory a couple who minister in the Jerusalem area associated with Tikkun Ministries. They thought it was important to pass along and so do I. The email reads:

I woke up this morning to the horrible news of the tragic loss of life as Israel stopped the "humanitarian aid flotilla" as it attempted to break Israel's blockade on Gaza. The entire operation was a deliberate provocation against Israel and its primary goal was to cause the very events that occurred. The Israeli soldiers boarded the boats peacefully and acted in self defense when the "peaceful activists" attacked the soldiers as they came aboard.

Attached is the official Israeli Government justification, based on international law for this morning's action against the flotilla. We felt it is very important for those who love and support Israel to be aware of this legal justification as the resulting international attack and condemnation will be very strong. Please pass it on to as many as possible as there will be few voices supporting Israel at this time.

Although Israel was legally and morally justified in exercising its right of self defense against both the flotilla and against the precedent that allowing it would have established, this whole situation is at best a public relations nightmare for our nation and could be far worse. Please be in prayer that righteousness and justice would prevail.

We are living in a day in which we see the prophetic word of the Lord being fulfilled. The nations are turning against Israel and bad is being exalted as good and wrong as right.

Following is the official diplomatic release by the government of Israel giving the legal justification for this morning's action.

We send you our love from Zion,
Eddie and Jackie

The Gaza Flotilla and the Maritime Blockade of Gaza

Legal 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.

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.