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
Thanks Craig. A few hundred pages, eh? I’ll go and have fun with it then, after all, one never knows when one might need it again…
“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.”
I just want to repeat this as one of the comments that Craig Murray WILL NOT delete.
Jules (7:29pm) said: Seriously, what did these people expect..
We know what they expected. http://www.youtube.com/watch?v=b3L7OV414Kk&feature=player_embedded shows them ready for “martyrdom” and taunting Jews with the memory of the Khaybar massacre. They came prepared and spoiling for a fight, which the Israelis clearly didn’t. It’s dreadful the amount of encouragement that supporters of the genocidal Hamas are getting from politicians. It only encourages the thugs who vandalised the BBC offices in Manchester and threaten those of reasoned and moderate views.
Craig for you maybe, but it isn’t your choice to make.
The British were the ones who carved up the middle east in to the mess it is now.
So Craig you keep your democracy, and once it starts working here, then and only then start preaching to the world about how other peoples systems wont work.
“It only encourages the thugs who vandalised the BBC offices in Manchester and threaten those of reasoned and moderate views.”
You cant ‘reason and moderate’ away the fact that the IDF boarded a civilian aid/protest boat at 4:30 in the morning and shot about 50 people armed who dared to resist them with ‘big knives’ and sticks!
Well, ‘reasonable’ ‘moderate’ people cant anyway.
O, of course, some Jews made great contributions to the culture and our civilization. There is nothing wrong with the Jewish brain, well, once it becomes freed from the constrains of Jewish traditions. Heine, for example, declared himself to be an Ellin, not a Jew. Others who loved European culture and contributed to it, also tried to distance themselves from the Jewish Faith and the way of life. Such was the 19-th century Jewish emancipation movement, with salons etc. All that came to an end when masses of half-educated Jews followed Marx who said that only communism will emancipate Jews. Indeed, communism brought them to power: over 70% of the first Russian revolutionary government were Jews. Yet, Jews who seek power as a mob end badly.
Michael Pyshnov, the information in your post of 453pm 1st June 2010 is inaccurate and untrue.
The focus here needs to be on the longstanding and contuining acts of illegality and oppression undertaken by the Israeli state and its backers, largely in the USA.
Any attempt to divert the central dynamic of this discourse towards visceral Anti-Jewish fantasies must be resisted.
I would like to remind you and everyone that it is European Anti-Semitism that has led to this horrible mess in the Levant. The Zionists model themselves on European Anti-Semites. Both ideologies are racist and act as facilitators for the state of Israel to behave as it wishes. The world does not need either of these conjoined ideologies.
Neither israel or Turkey are signatories to the Law of the Sea.
http://www.nationalpost.com/news/world/Israel+facing+legal+action+over+raid/3100604/story.html
Turkey should repeat the aid flotilla, this time protected by naval warships and aircraft from Europe and all other civilised countries that wants to show their disgust of Israel’s actions.
Suhayl Saadi, I agree with you on the point of what has to be done, but unfortunately you misunderstood me. I fully agree that “Any attempt to divert the central dynamic of this discourse towards visceral Anti-Jewish fantasies must be resisted.” But I have not done this, nor contemplated. You have to read Jewish history (say, by Dubnov) to understand that Jewish ghetto traditions and way of life have a lot to do with current events. I lived in Israel for 4 1/2 years and spoke Hebrew. I am Jewish. I am far from being anti-Semitic. I suffered from anti-Semitism. You are wrong in your judgement.
Currently, Jews insist on Jewish exclusivity. Understanding the roots of it should help. This will give you the correct picture of the criminals, their motivation and will show you why it is completely impossible to talk to them, to persuade, to negotiate peace. They are there to rob, burglarize, kill and profit from the aid given to Israel. Otherwise, they would not be there.
The correct solution to zionism (which of course was lost as a possibility long time ago) would be to allow Jews, religious Jews, to settle in Palestine in some numbers. Jews should have NEVER EVER been given a state and the army. Einstein, in 1948, called them fascists and warned against giving them any support.
The Israeli population is now at such stage that their savagery is far surpassing that of the nazis: overwhelming majority of Israelis are willing and sadistic participants. This was not the case even with nazis. The belief in racial exclusivity is also much, much stronger. The fear of being some day held responsible for the crimes committed is much stronger also. They quite intentionally brought themselves to the point of no return… In a word, this is a terminal state of a CULT that must be destroyed completely before it’s too late for the rest of humanity.
“Turkey should repeat the aid flotilla, this time protected by naval warships and aircraft from Europe ”
Hah, do you really think that eurowussies can do something more than draw conclusions? There were genocide going on in Europe at 90’s and all they managed to do was cry for peace and talks.
Thanks, Michael Pyshnov, I’m sorry I misunderstood you. I realise now that you render a very valid (as it were) insider’s view based on experience and knowledge. Thanks for elaborating – that did help me to understand where your points were coming from. I agree with Albert Einstein!
butros
Israel is not a signatory of the San Remo Convention either, but it doesn’t stop them quoting it. The Law of the Sea is customary international law whether you sign it or not.
Interesting perspective. I disagree in part however, in that the soldiers acted in self defense. What is Turkish law in regards to self defense? These “activists” came after them with knives, axes and flash bombs. They did not attack for the sake of attacking, they boarded the ship to seize the cargo for inspection, and the activists initiated conflict.
‘Notoriously Conservative’, not according to the Israeli MP who was on the boat.
Craig, re: The Legal Position on the Israeli Attack – you really must have a look at the new briefing on the Conservative Friends of Israel website: http://www2.cfoi.co.uk/Briefings/Other/
The level of bias is sickening.
Some Quotes:
Craig Murray; It’s a very poor judicial jugdment. Any state has the right to defend itself even in international water. The Israeli-Egyptian sea blockade is legal by the international law. According international law Embargoes legally can be imposed in wartime and enforced in international waters but not in the waters of third parties. The embargo placer is authorized to detain civilian ships trying to break the embargo. If the ships resist by force, the raiding party is entitled to defend itself by force.
Eric Yendall; Youre Anti semitic and liar. You are not Jewish but sure some Muslim desguized as Jewish Israeli. Typical Falsetinian ProPALganda warfare of Anti Semite lunatics.
sandcrab ; You got hard balls. You are spreading typical lies. You blow job the old Anti Semitic fairy tale of how Jews “who seek power as a mob end badly” and ‘control the world’, While the greedy imperialistic Britain conquered almost half of the “new world” and enslaved their citizens to be their servants and confiscated all the rich national resources and mineral. Don’t forget historical facts at one hand and don’t deal with you historical forgery on the other!
By the way, Jews has nothing to do with communism and that political idea stand in contrary to Judaism and opposing the Jews belief, nature and values. The few Jews that dealt with communism abandoned Judaism, as Marx did.
As Sarah Palin pointed out…….by this legal reasoning the Union blockade of the Confederacy was illegal, as was the Union seizure of English ships on the high seas for carrying contraband such as shoes and medicine.
Amazing how these Eurpean know-it-alls know nothing of history, law, or even how to have enough children.
Graig…Judging by some of the posts you appear to have an army of Israeli/Zionists trying to shoot you down at every opportunity. Their tone is typical of their attitude, convinced as they are that they can do no wrong and everybody else in the world is an idiot. If they were really smart they wouldn’t be so condescending and insulting not to say dismissive of your point of view. Having been in Her Majesties employ and charged with responsibilities requiring a certain knowledge and a level head, clearly it is they that are the “silly’ “naive”, not to say, very, very stupid idiots they claim you to be. Take no notice and I shall wait for the barrage of Jewish derision that normally comes when criticising those extremely nasty people.
Looks like the Israelis did a pretty bad thing.
For Americans, the most important thing is to get these people out of our government and to criminalize the operations of Israel’s agents of influence in the US. First and foremost AIPAC of course, but also including a few dozen Senators and Congressmen. Israel has made itself a player in US domestic politics, and it’s long past time that we made Israel an issue in every campaign in this country.
As I understand it, if the blockade is legal, then under San Remo it might be legal for Israel to board the flotilla ships in international waters. I say might because then it would be arguable that Section 10 of San Remo would apply since there is plenty of evidence that the blockade should be prohibited given the effect on the civilian population.
So is the blockade legal?
First, note that Israel has never declared war on Gaza for two reasons. Israel would have to recognise Gaza as a state in order to do so, and secondly, then the Geneva Conventions would apply and this would paradoxically considerably ease the situation in Gaza. Again, not something that Israel wants. So the blockade can not be legal from that standpoint.
Second, San Remo, which is neither binding, nor to which Israel is a signatory, talks about blockades during a state of war between belligerents. It is clear that Turkey whose vessel was attacked is not a belligerent. There may have been some supporters of Hamas on board but the vessel itself, as Craig has pointed out, is in effect Turkish territory. So that does not create a ‘legalising’ reason for the attack.
Lastly, since 1945 it has been the case that for a blockade to be legal it has to be determined as legal by the UN Security Council under Section 42. Clearly this is not the case. In fact if anything the opposite is true, since the blockade has been condemned on numerous occasions, though not be the Security Council. (The US would veto any attempt.)
So, I conclude it must be illegal, from which the various points Craig makes follow.
anon poster at 12.29am
“Embargoes legally can be imposed in wartime and enforced in international waters but not in the waters of third parties.”
Perfectly true. Unfortunately you have failed to notice Israel is not actually at was. That is where Sarah Palin’s US civil war analogy falls down too.
Hamas fired over 3000 missiles on Israeli territory.
Hamas is Israels sworn enemy.
A Turkish ship flying it’s Country’s flag sailing from a Turkish port is attempting to break illegally Israel’s embargo.
The Turkish government ordered the expedition.
The Turkish government checked the cargo and said that there were no arms on board.
Israel should accept that without inspection?
According to VP Biden,Hamas confiscates all humanitarian aid,stores it in it’s warehouses and sells it for the benefit of Hamas.
Israel should declair war on Turkey and NUKE Ankara.
Cant wait to see what happens next time if the Turks send a naval escort.
It wasn’t an accident. It wasn’t piracy. I was an act of war carried out my Israel in international waters. An attack on one NATO member is an attack on the alliance.
The Isreali’s can’t have it both ways. If they were/are officially at war with Hamas then they breach International Law on collective punishment and failure to protect civilans.
The Uber-Zionists never sleep. They are on overtime this weekend. They are like Laurel and Hardy! Re-run after re-run. Black and white. The Big Lie doesn’t work any more, guys. Hal Halop, for example, sounds like a frightened filly, snorting and whinying on the gallop. But of course, their words betray the naked truth; they call for Israel to “nuke this, and nuke that”. This is what the state of Israel and its legions of supporters really are – warmongers of the worst variety.
You are a liar. Here is the law.
———————————–
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.)
7.10 CAPTURE OF NEUTRAL VESSELS AND AIRCRAFT
Neutral merchant vessels and civil aircraft are liable to capture by belligerent warships and military aircraft if engaged in any of the following activities:
1. Avoiding an attempt to establish identity
2. Resisting visit and search
3. Carrying contraband
4. Breaching or attempting to breach blockade
5. Presenting irregular or fraudulent papers; lacking necessary papers; or destroying, defacing, or concealing papers
6. Violating regulations established by a belligerent within the immediate area of naval operations
7. Carrying personnel in the military or public service of the enemy
8. Communicating information in the interest of the enemy.
Captured vessels and aircraft are sent to a port or airfield under belligerent jurisdiction as a prize for adjudication by a prize court. Ordinarily, a belligerent warship will place a prize master and prize crew on board a captured vessel for this purpose. Should that be impracticable, the prize may be escorted into port by a belligerent warship or military aircraft. In the latter circumstances, the prize must obey the instructions of its escort or risk forcible measures. OPNAVINST 3120.32C, Standard Organization and Regulations of the U.S. Navy, Article 630.23 sets forth the duties and responsibilities of commanding officers and prize masters concerning captured vessels.)
Neutral vessels or aircraft attempting to resist proper capture lay themselves open to forcible measures by belligerent warships and military aircraft and assume all risk of resulting damage.
Taken from THE COMMANDER’S HANDBOOK ON THE LAW OF NAVAL OPERATIONS EDITION JULY 2007
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS AND
HEADQUARTERS, U.S. MARINE CORPS,
DEPARTMENT OF HOMELAND SECURITY AND
U.S. COAST GUARD
U.S. Navy Regulations, 1990, require U.S. naval commanders to observe international law. Article 0705, Observance of International Law, states: At all times, a commander shall observe, and require their commands to observe, the principles of international law.
http://www.usnwc.edu/getattachment/a9b8e92d-2c8d-4779-9925-0defea93325c/1-14M_(Jul_2007)_(NWP)
You are a liar. Here is the law.
—-
US Navy regulations are international law? 🙂
dimwit, read the last paragraph!
only idiots with internet connection question whether maritime law allows boarding of ships that are attempting to break a naval blockade.
only a prejudiced bigot can be that blind.
also, Israel boarded an Irish ship without incident. they will inspect the goods and move everything to Gaza. 10 TONS a week is coming into Gaza – a lot of it is Israeli aid. They use Israeli water, gas, power, medicine, health-care, and work permits.
the only thing Israel requires is not to supply weapons to Hamas.
if the men on the turkish ship were not on a suicide mission, everything would have been peaceful – just like it has been today and many times before.