June 1, 2010, - 12:02 pm
Much of the fallacious defense of the barbarism and violence perpetrated by the terrorist provocation theater crowd on the Gaza “peace” flotilla (with their “peaceful” iron pipes) is based on some false claim that Israel boarded the boats in international waters and is somehow forbidden to do so. Not the case.
HAMAS “Naval Police” Exercised Protecting the NON-Neutral Terrorist Flotilla
The San Remo Manual on International Law Applicable to Armed Conflicts at Sea–an international treaty in effect since June 12, 1994–expressly allows Israel’s actions . . . actions which our own Navy, Coast Guard, and Customs and Border Protection officials would probably take as well (board and inspect ships approaching our shores). The following is the applicable section of the treaty, although it’s beyond a doubt that the vessel in question was neither “neutral” nor “civil,” and, frankly, laxer standards than even these–with which Israel complied–apply.
SECTION V : NEUTRAL MERCHANT VESSELS AND CIVIL AIRCRAFT
Neutral merchant vessels
67. Merchant vessels flying the flag of neutral States may not be attacked unless they:
(a) are believed on reasonable grounds to be carrying contraband or breaching a blockade, and after prior warning they intentionally and clearly refuse to stop, or intentionally and clearly resist visit, search or capture;
(b) engage in belligerent acts on behalf of the enemy;
(c) act as auxiliaries to the enemy s armed forces;
(d) are incorporated into or assist the enemy s intelligence system;
(e) sail under convoy of enemy warships or military aircraft; or
(f) otherwise make an effective contribution to the enemy’s military action, e.g., by carrying military materials, and it is not feasible for the attacking forces to first place passengers and crew in a place of safety.Unless circumstances do not permit, they are to be given a warning, so that they can re-route, off-load, or take other precautions.
Clearly, the convoy–which was in solidarity with HAMAS and done with the cooperation of HAMAS (the HAMAS “naval police” conducted exercises to protect them)–fits all of these subsections. Israel was allowed and justified in boarding the ships. And, as required, Israel gave the required warning, a warning which was ignored.
The San Remo treaty further allows Israel’s response to the barbaric violence of the passengers on the Mavi Marmara ship under its “Armed Conflicts and the Law of Self-Defence” section, as well as various other sections throughout the rest of the treaty.
Tags: blockade, embargo, Flotilla, Gaza, Hamas, international law, Israel, Mavi Marmara, Palestinians, peace convoy, San Remo, San Remo Manual on International Law Applicable to Armed Conflicts