The Legal Position on the Israeli Attack 139


I think that anybody with any fairness is bound to admit that the statement William Hague came out with is much better than anything on Israel which New Labour ever came out with, especially this bit:

“This news underlines the need to lift the restrictions on access to Gaza, in line with UNSCR 1860. The closure is unacceptable and counter-productive. There can be no better response from the international community to this tragedy than to achieve urgently a durable resolution to the Gaza crisis.

I call on the Government of Israel to open the crossings to allow unfettered access for aid to Gaza, and address the serious concerns about the deterioration in the humanitarian and economic situation and about the effect on a generation of young Palestinians

?.”

http://www.fco.gov.uk/en/news/latest-news/?view=News&id=22300485

But as I told this afternoon’s tremendous spontaneous demonstration on Whitehall, fine words are not enough and we must now see the kind of sanctions regime we saw against apartheid South Africa.

A word on the legal position, which is very plain. To attack a foreign flagged vessel in international waters is illegal. It is not piracy, as the Israeli vessels carried a military commission. It is rather an act of illegal warfare.

Because the incident took place on the high seas does not mean however that international law is the only applicable law. The Law of the Sea is quite plain that, when an incident takes place

on a ship on the high seas (outside anybody’s territorial waters) the applicable law is that of the flag state of the ship on which the incident occurred. In legal terms, the Turkish ship was Turkish territory.

There are therefore two clear legal possibilities.

Possibility one is that the Israeli commandos were acting on behalf of the government of Israel in killing the activists on the ships. In that case Israel is in a position of war with Turkey, and the act falls under international jurisdiction as a war crime.

Possibility two is that, if the killings were not authorised Israeli military action, they were acts of murder under Turkish jurisdiction. If Israel does not consider itself in a position of war with Turkey, then it must hand over the commandos involved for trial in Turkey under Turkish law.

In brief, if Israel and Turkey are not at war, then it is Turkish law which is applicable to what happened on the ship. It is for Turkey, not Israel, to carry out any inquiry or investigation into events and to initiate any prosecutions. Israel is obliged to hand over indicted personnel for prosecution.

Craig Murray is a former British Ambassador. He is also a former Head of the Maritime Section of the Foreign and Commonwealth Office. He negotiated the UK’s current maritime boundaries with Ireland, Denmark (Faeroes), Belgium and France, and boundaries of the Channel Islands, Turks and Caicos and British Virgin Islands. He was alternate Head of the UK Delegation to the UN Preparatory Commission on the Law of the Sea. He was Head of the FCO Section of the Embargo Surveillance Centre, enforcing sanctions on Iraq, and directly responsible for clearance of Royal Navy boarding operations in the Persian Gulf.

Reviews of Craig Murray’s War on Terror Memoir, “Murder in Samarkand” – published in the US as “Dirty Diplomacy”:

“It really is a magnificent achievement” – Noam Chomsky

“A fearless book by a fearless man. Craig Murray tells the truth whether the “authorities” like it or not. I salute a man of integrity” – Harold Pinter


Allowed HTML - you can use: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

139 thoughts on “The Legal Position on the Israeli Attack

1 2 3 4 5
  • Gordon

    What you are all missing is WHY the Israel Government risked world condemnation.

    HERE is the TRUE reason why.

    First, the British Government know exactly WHY,including the Conservatives, way back to Margaret Thatchers Government, others include Jonathan Aitken, Tony Blair, Major,Alistair, Gordon Brown.

    This started back when the Government change of South Africa,was to be implemented.

    Prior to the handover in 1994, South Africa and Israel had collaborated to construct 10 Nuclear Bombs.

    1 of the 10 was tested South of South Africa

    The New Black ANC Government were NEVER going to be allowed to keep these Nuclear Weapons, so arrangements were made to transport the remaining 9 out of RSA.

    The 9 were packaged in to 20 foot ISO Containers.

    6 were transported to the USA for De-Commissioning, the fissile material returned to RSA to create a Bullshit story that the New ANC Government would denounce their Nuclear weapon Technology for the World to blow a trumpet.

    So, the other 3, well, they were purchased by THATCHERS Government, headed by the muppets, Aitken, Thatchers Dithering Son, Sir Mark and a whole Cabal of Criminal Weapons dealers the main contact JOHN BREDENKAMP, a real wheeler dealer, operating with the likes of MOHAMED ADNAN KHASHOGGI.

    For the Ist GULF WAR.

    The Thatcher Government took from the State Coffers over £80 Million to purchase these 3 Nukes,When the deal was done, the transfer was completed and the 3 Nukes transported and laid over in OMAN.

    The reason WHY.

    A Safety Threat to SADDAM

    He was warned.

    If he used Chemical or Gas against the Coalition Forces in the Retake of Kuwait, the weapons WOULD be used.

    WHO was the MOD Scientist responsible for the oversight of this Operation.

    Well, non other than, Dr DAVID KELLY of course.

    Well, we all know everything went to plan.

    Well, not really.

    Not for Dr DAVID KELLY, we now know that.

    That came later to COVER all this up.

    For a Start, Some people from the Labour Government spotted a few major COVERT Conservative Government Funding figures.

    Like Margaret Beckett.

    Re Thatchers Bag man LORD ALISTAIR MCALPINE.

    So.

    WHO donated and WHERE did £17.8 Million come from, for the Conservative Government 1992 re-election Campaign.

    Well, the TRUTH, it was a CRIMINAL Overcharge in the Purchase of the 3 RSA Nukes, silted into the Conservative Coffers.

    The END.

    Well, again, only the Start.

    Covert Weapons Dealer,Thief and Scum Bucket JOHN BREDENKAMP did another slight of Hand, he stole the 3 Nukes back and placed them on the OPEN MARKET

    The WHOLE CRIMINAL Money laundering operation disclosed in the Parliamentary HANSARD Report 22nd JUNE 1993 from col 197.

    So, HOW were our OPEN, HONEST Politicians going to cover-up this monumental stuff-up.

    As they always do,

    6 Words

    “IN THE INTEREST OF NATIONAL SECURITY”

    So, WHAT happened to the 3 rough NUKES.

    1 was exploded by NORTH KOREA

    That leaves 2.

    And THAT My friends is WHY the ISRAELI Government has taken these drastic Military actions, to ensure anything coming into GAZA is FULLY INSPECTED.

    I mean, HOW good will this seem, a NUKE Bomb constructed by ISRAELI Scientists in a Joint Venture with South Africa, Smuggled into ISRAEL and Detonated.

    How do I know, well, from someone DIRECTLY involved in the Operations involving the 3 Purchased NUKES.

    IF YOU DOUBT, CHECK THE

    HANSARD REPORT

    22 JUNE 1993

    From Col 197

    The WORLDS PROOF is right there, in a GOVERNMENT DOCUMENT.

    We are being Governed by a bunch of Pathetic, Lying Thieving,dangerous, IDIOTS.

  • Walter Zwick

    There is one simple way to show Europe’s and the worlds contempt for the Israelli attack. UN or EU authority should be obtained for removing the blockade using European naval dorces. A new flotilla should be assembled to deliver even more supplies to Gaza and that flotilla should be accompaigned by British, French, and other EU states warships. The flotgilla should be accompagnied into Gaza’s ports and, if necessary, EU marines should supervise the unloading. A permanent garrison should then remain in Gaza ensuring free access to all shipping and further ensuring that offensive weapons are not imported.

  • Lord Sidious

    I believe that Arsalan is referring to the donmeh, the sabbatean jews that collapsed the Ottoman Empire and took control after that. Mustafa Kemal was the leader of that clique.

    israel is a nation built on the back of terrorism, so this is not out of character for them.

    Finally, they may be going to choke on the piece they bit off that they can’t swallow.

    The khazar war criminals in tel aviv must know that their time is almost imminent.

    Even though my politics is not that of the activists, to them I say good work, at least some have the courage to face the khazar beast.

    RIP the dead and get well soon to those injured.

  • ingo

    Thanks Gordon for this unusual insight into the ‘lost uranium diaries’, no wonder everyone is trying to open up Israels nuclear books, they are full of hidden facts.

    Who knows what influence Israel had in Indias nuclear development vis avis pakistans, this story still needs telling.

    Also thank you Walter for your suggestion of a protected flotilla and EU base in Gaza, something that should have happened with this flotilla.

    Such protection is long overdue, a protection force from more than one country, but under a single command, as not to take up too much decision time when it comes to the crunch of protection, would make Israel realise that they cannot carry on jumping up and down on international resolution and people, that they are not above the rest of us and that they cannot wheel and deal in the middle east as they see fit.

    Hurry Up EU, the MV Rachel Corrie is on its way to Gaza tommorrow.

  • Albert M. Bankment

    I could well be wrong, but I don’t believe that Israel has signed the UN Convention on the Law of the Sea. That would be their (scurrilous) get-out.

  • dannylaroo

    Hague’s words are for UK public consumption only. He is a self confessed Zionist, from his own mouth he declared this. And what about Cameron, he won’t be turning his back on Israel no matter what. Again, from his own mouth.

    Wake up people, their is something seriously wrong with our politics and media, I think it’s called ‘the Israeli lobby’.

  • Mark

    As if any western politicians gives a damn about the Palestinians. Everything they utter it to appease their electorate and create the impression that they have moral fibre. Almost everyone of them has been bank-rolled into power by Zionists.

  • Arsalan

    Mark, Western politicians make no secret of the fact they believe the lives of brown people are worthless than the lives of cockroaches.

    The attack on this ship contain citizens of many western nations proves once and for all that western politicians couldn’t give a damn about their own populations.

    They obey their Zionist bankers and no one but their Zionist bankers.

  • Kathleen Fox-Bennett

    I supported President Obama and planned on being extremely proactive for the next election. I cannot do this unless he has the courage and conviction to make a loud and clear statement about the terrorism of the zionists in israel and around the world. The only way we will be universally respected is to stop supporting terrorists and stop allowing “THE TAIL TO WAG THE DOG”

  • flek

    Turkey is going to provide military escort for the next flotilla.

    If Turkey receives fire form Israel, and Turkey invokes Article 5 of the NATO charter, then what?

    If NATO fails to act doesn’t NATO dissolve over a lack of trust/confidence?

  • Courtenay Barnett

    @ Flek,

    Shouldn’t the Security Council be acting decisively at this stage?

    But – it won’t will it. And even if a majority voted one way, the US would veto. So much for the rule of international law, rights and justice, when it comes to Israel.

  • Freeborn

    I once read Heddy Epstein’s account of how she was strip-searched at Tel Aviv airport by a young female security official.

    I was so appalled by the indignity this venerable old lady had suffered that I sent her an email wishing her every success for her then forthcoming solidarity visit to Palestine.

    For Heddy,now well into her eighties has never given up on her fight for justice for the Palestinians.Notwithstanding the brutalizing and humiliating experience through which she was put at Tel Aviv Heddy has been back to the occupied territories again and again.

    She stands as living testament to the tenacious grip on morality most Jews have retained notwithstanding the ongoing plan to degrade them as a people by the manipulative elites that created Israel and sustain its government today.

    Even though at the time I wrote to her she must have been busy packing and saying goodbye to her family she still did me the immense courtesy of writing a reply thanking me for my support.

    Would that my support constituted more.If I was as brave as Heddy and the hundreds on that flotilla I would probably be either dead or rotting in an Israeli gaol by now.

    God speed to Heddy and all of them.We owe them more than we can ever repay.

  • arsalan

    flek

    Turkey wont do shit.

    Because the rulers of Turkey don’t give a shit about Palestinians or their own population.

    The Rulers of Turkey are not the elected, they are just cardboard cutouts that the military cut and past to give the false impression of democracy.

    Turkey is ruled by its Army, its pro Israel Army.

    And they will never do anything against ISrael.

    Article 5 of the NATO charter has already been breached. That ship was Turkish teritory, and most if not all the people killed were Turkish citizens. So it has happened, and Nato doesn’t give a shit. Because Israel is above Nato, just as it is above the UN and international law.

    We are slaves and they are the master race.

    Peoples and nations that do not accept them as the chosen people, the master race are delt with by Nato, the UN and all of its members.

  • mirel

    THE COMMANDER’S HANDBOOK

    ON THE LAW OF NAVAL

    OPERATIONS

    USA

    http://www.lawofwar.org/naval_warfare_publication_N-114M.htm

    7.7.4 Breach and Attempted Breach of Blockade. Breach of blockade is the passage of a vessel or aircraft through a blockade without special entry or exit authorization from the blockading belligerent. Attempted breach of blockade occurs from the time a vessel or aircraft leaves a port or airfield with the intention of evading the blockade, and for vessels exiting the blockaded area, continues until the voyage is completed. Knowledge of the existence of the blockade is essential to the offenses of breach of blockade and attempted breach of blockade. Knowledge may be presumed once a blockade has been declared and appropriate notification provided to affected governments. It is immaterial that the vessel or aircraft is at the time of interception bound for neutral territory, if its ultimate destination is the blockaded area. There is a presumption of attempted breach of blockade where vessels or aircraft are bound for a neutral port or airfield serving as a point of transit to the blockaded area. Capture of such vessels is discussed in paragraph 7.10.

  • Anonymous

    Well, this could also apply.

    San Remo Manual on International Law Applicable to Armed Conflicts at Sea

    102. The declaration or establishment of a blockade is prohibited if:

    (a) it has the sole purpose of starving the civilian population or denying it other objects essential for its survival; or

    (b) the damage to the civilian population is, or may be expected to be, excessive in relation to the concrete and direct military advantage anticipated from the blockade.

    103. If the civilian population of the blockaded territory is inadequately provided with food and other objects essential for its survival, the blockading party must provide for free passage of such foodstuffs and other essential supplies, subject to:

    (a) the right to prescribe the technical arrangements, including search, under which such passage is permitted; and

    (b) the condition that the distribution of such supplies shall be made under the local supervision of a Protecting Power or a humanitarian organization which offers guarantees of impartiality, such as the International Committee of the Red Cross.

  • mirel

    OSLO AGREEMENTS

    Gaza-Jericho Agremeent Annex I

    4 May 1994

    http://www.mfa.gov. il/MFA/Peace+ Process/Guide+ to+the+Peace+ Process/Gaza- Jericho+Agremeen t+Annex+I. htm…

    Article XI

    Security Along the Coastline and in the Sea of Gaza

    1. Maritime Activity Zones

    b. General Rules of the Maritime Activity Zones

    4. As part of Israel’s responsibilities for safety and security within the

    three Maritime Activity Zones, Israel Navy vessels may sail throughout these

    zones, as necessary and without limitations, and may take any measures

    necessary against vessels suspected of being used for terrorist activities

    or for smuggling arms, ammunition, drugs, goods, or for any other illegal

    activity. The Palestinian Police will be notified of such actions, and the

    ensuing procedures will be coordinated through the Maritime Coordination and

    Cooperation Center.

  • Denis G

    I can’t imagine any of those zones stretching into international waters.

    Also, I find it hard to reconcile Israel at the same time being in armed conflict with the Hamas regime, AND implementing Oslo accords.

    Which one is it? 🙂

  • rwendland

    On the San Remo Manual argument, besides Craig’s fine argument that it only applies at a time of war involving armed conflict at sea, the Manual requires that:

    93. A blockade shall be declared and notified to all belligerents and neutral States.

    94. The declaration shall specify the commencement, duration, location, and extent of the blockade …

    Has Israel declared and notified all Neutral States formally of such a blockade? And then justified the blockade against:

    102. The declaration or establishment of a blockade is prohibited if: … (b) the damage to the civilian population is, or may be expected to be, excessive in relation to the concrete and direct military advantage anticipated from the blockade

    I doubt it. Just some Mark Regev spin and confusion being deployed I expect.

  • Jeremy Stuart-Gray

    @Gordon, @Arasian

    Gentlemen: Your points would be better made if you dispensed with the bitter name calling and inflections.

    Now, all rest assured that MI-6 and the CIA both knew what would be happening. Therefore, it must stand to reason that the US and GB have some plan for public explanation. It is all really just a game you know? Reminds me of LeCarre’s “The Looking Glass War”.

  • Denis G

    If I understand the text quoted below, there’s another slight glitch with the San Remo manual.

    http://www.icrc.org/web/eng/siteeng0.nsf/html/57JMST

    The Manual is not a binding document. In view of the extent of uncertainty in the law, the experts decided that it was premature to embark on diplomatic negotiations to draft a treaty on the subject.

    But I guess it serves nicely for selectively taking parts of it out of context for Israeli spin purposes.

  • Michael Pyshnov

    The legal position should come from the real situation. And it’s this:.

    1. What relevant is the national tradition rooted in history. And this tradition is that Jews NEVER PRODUCED. No poetry, architecture, geometry, wheat, olives, chairs, pottery. Nothing can be found in the places where they lived, except excrements. Jews had no culture. They only accumulated money and studied religion.

    2. Jews in the 19-20 centuries produced two CULTS. One was communism that killed 100 millions of people. The other they called zionism.

    3. Israel is a failed state internally, it is a CULT that has NO BORDERS, no ideological borders and no territorial borders. Therefore, THEY WILL NEVER STOP. No amount of genocide or the amount of land will EVER be enough. Remember – their goal was never to produce anything, only accumulation of stolen property, and, therefore, their appetite is not limited by their own labour. It can only be limited from outside.

    4. Regarding the international situation: Israel will never give up because it will never be satisfied with what they have. They openly threaten Europe with nuclear weapons, they said that most of the European capitals are within the reach of these weapons, they said many other similar things. This is a CULT that will never give up. Therefore, all talks about bringing them to justice, etc. are ridiculous. They will set the world on fire rather than submit to any law. Again – this is CULT. They must be destroyed COMPLETELY BEFORE IT’S TOO LATE. This is the best and the most humanitarian solution. There is no other.

  • Arsalan

    I don’t think international law is worth the paper it is written on.

    The Nations that produced it are the same ones that refuse to abide by it.

    Their is only one fact and one solution.

    The fact is Israel is an evil state ruled by an evil ideology.

    And the solution is this state must end, the land must be reabsorbed in to the wider middle east.

    To do this the wider Middle east must be reunified.

    The Khilafah must be recreated.

  • Vadim Kirk

    The first offical act of the supreme soviet in 1917 was to declare”anti-semitism” a capital offence. Then they moved on to destoying churhes and killing priests, eventually killing 60 million christians. Synagogues were left untoched.

    ‘Wet deeds” are second nature to these folks. Palestinians are just one of a long line of victims.

    Viva Palestina!

  • craig

    Michael Pyshnov

    “What relevant is the national tradition rooted in history. And this tradition is that Jews NEVER PRODUCED. No poetry, architecture, geometry, wheat, olives, chairs, pottery. Nothing can be found in the places where they lived, except excrements. Jews had no culture. They only accumulated money and studied religion.”

    Absolute racist bollocks. Jews have made major contributions in all fields of human development. Find somewhere else to post your recycled Nazi theories.

    Arsalan

    Just as much crap. A retreat into fifteenth century theocratic government is an appalling prospect.

  • Jules

    R.E. San Remo:

    The law does not state – if you go read it – that they have to be carrying contraband. It states (clearly) that the ship can be EITHER carrying contraband OR about to breach a blockage. It was known from the time it left port that they meant to run a military blockage.

    As for the war – it was declared in 2007 – if you check your facts. Recognized or not, the leaders of the two groups (Palestinian/Israeli) consider themselves to be at war. I doubt either side gives a dead rat’s furry hind end what the rest of us ‘recognize’. They never have before – why start now.

    Hence, a military blockage, an obvious and premeditated attempt to breach it (no matter with what!), a refusal to turn aside means that *technically* it was a legal boarding.

    That is *assuredly* not to say that I approve of what happened. And I daresay the Israelis (the vast majority of them, likely including some of the boarders) don’t approve either.

    If you wish to see what (apparently) happened, as filmed by an Islamic news crew, go to YouTube and search “Miva Marmara IDF” and watch the video. Ascertain its validity for yourself.

  • JoeT

    Seriously, what did these people expect… that the Israelis were going to hand out flowers and candy? They could have docked at an Israeli port and had their cargo inspected… instead they chose to run a naval blockade… you play with fire and you’ll get burnt… no sympathy here…

  • Mae

    After reading this post, I went looking for the relevant articles of international law myself. I am puzzled by the following – according to various articles in international law on occupation and blockades, preventing humanitarian aid vessels access to the blockaded territory is in and of itself illegal. Israel is entitled to search for weapons and munitions but is supposed to let ships like this flotilla through its blockade. So why is this not used as an argument at all? Where am I going wrong here?

    Also found two more articles on sea blockades (London Declaration Concerning the Laws of Naval War of 1909):

    Art. 17. “Neutral vessels may not be captured for breach of blockade except within the area of operations of the warships detailed to render the blockade effective.”

    Israel declared an maritime exclusion zone of twenty nautical miles, no more, so clearly no rightful reason even to ask to inspect the ships. Why did they not wait?

    Art. 19. “Whatever may be the ulterior destination of a vessel or of her cargo, she cannot be captured for breach of blockade, if, at the moment, she is on her way to a non-blockaded port.”

    According to some statements I read today, all captains had turned their ships away from Gaza for the night, and satellite images are claimed to show that to be the case when the Israelis attacked.

    Has this convention been superceded by the San Remo Manual or do they both apply?

  • Paul

    Israel has an active fifth column all over the world, and controls nearly all mass media through this fifth column. Hell they even control the US Government. Just look at who Obama’s main minders… er, advisers are. No sanction on Israel can happen without dealing with this fact. We are dealing with the most massive organized crime gang in recorded history.

  • Craig

    Mae,

    The fundamental answer is that both have been subsumed and replaced by the UN Convention on the Law of the Sea, designed as the comprehensive codification (at several hundred pages long) of maritime law and seventy years more up to date than either. UNLOSC is one of a tiny number of international treaties so universally ratified as to be regarded as customary international law and this binding on everyone, whether they ratifies or not.

1 2 3 4 5

Comments are closed.