CAN ISRAEL IMPOSE A NAVAL BLOCKADE ON GAZA?

Diverse — Drokles on June 5, 2010 at 2:08 am

Fra Reuters

Yes it can, according to the law of blockade which was derived from customary international law and codified in the 1909 Declaration of London. It was updated in 1994 in a legally recognized document called the “San Remo Manual on International Law Applicable to Armed Conflicts at Sea.”

Under some of the key rules, a blockade must be declared and notified to all belligerents and neutral states, access to neutral ports cannot be blocked, and an area can only be blockaded which is under enemy control.

“On the basis that Hamas is the ruling entity of Gaza and Israel is in the midst of an armed struggle against that ruling entity, the blockade is legal,” said Philip Roche, partner in the shipping disputes and risk management team with law firm Norton Rose.

WHAT ARE INTERNATIONAL WATERS?

Under the U.N. Convention of the Law of the Sea a coastal state has a “territorial sea” of 12 nautical miles from the coast over which it is sovereign. Ships of other states are allowed “innocent passage” through such waters.

There is a further 12 nautical mile zone called the “contiguous zone” over which a state may take action to protect itself or its laws.

“However, strictly beyond the 12 nautical miles limit the seas are the “high seas” or international waters,” Roche said.

The Israeli navy said on Monday the Gaza bound flotilla was intercepted 120 km (75 miles) west of Israel. The Turkish captain of one of the vessels told an Istanbul news conference after returning home from Israeli detention they were 68 miles outside Israeli territorial waters.

Under the law of a blockade, intercepting a vessel could apply globally so long as a ship is bound for a “belligerent” territory, legal experts say.

Og så følger ellers det afgørende spørgsmål, som venstrefløjen elsker i disse Brorson-klima-Ungdomshus-osv tider, nemlig om proportionel magtanvendelse for ”there has got to be a relationship between the threat and response,”. Så det hele koges ned til, hvad der skete ombord på Mavi Marmara - angreb israelske soldater aktivisterne eller faldt i baghold og åbnede ild i selvforsvar? Fra Israel National News

Daniel Lazar ben Tina Taabel Lea One of the soldiers badly injured on the flotilla boat is from Alon Shvut in Gush Etzion..  He had his ear cut off by a knife, it was just holding by a scrap of skin, was shot in the leg and has a very badly injured arm.

Næppe sandsylige skade, hvis israelerne har åbnet ild til at starte med. Derfor er følgende forklaring nok mere sandsynlig, som man kan læse i Jerusalem Post

When St.-Sgt. S. fast-roped down from an air force Black Hawk helicopter onto the Mavi Marmara Turkish passenger ship on Monday morning, he did not expect to be landing in what he called “a battlefield” and facing off against a group of “murderous mercenaries.”

The 15th and last naval commando from Flotilla 13 (the Shayetet) to rappel down onto the ship from the helicopter, S. said on Thursday that he was immediately attacked by what the IDF has called “the mob of mercenaries” aboard the vessel, just like the soldiers who had boarded just before him.

Looking to his side, he saw three of his commanders lying wounded – one with a gunshot wound to the stomach and another with a gunshot wound to the knee. A third was lying unconscious; his skull was fractured by a devastating blow with a metal bar.

As the next in the chain of command, S., who has been in the Shayetet for three and a half years, immediately took charge.

He pushed the wounded soldiers up against the wall of the upper deck and created a perimeter of soldiers around them to begin treating their wounds, he said. He then arranged his men to form a second perimeter, and pulled out his 9 mm. Glock pistol to stave off the charging attackers and to protect his wounded comrades.

The attackers had already seized two pistols from the commandos, and fired repeatedly at them. Facing more than a dozen of the mercenaries, and convinced their lives were in danger, he and his colleagues opened fire, he said. S. singlehandedly killed six men. His colleagues killed another three.

Men var bagholdet så meningen eller opstod der blot tumult der udartede?

NB:Som borgmesteren i Dirty Harry spøger: “Intent? How did you establish that?“ og Harry svarer: ”When a naked man is chasing a woman through an alley with a butcher’s knife and a hard-on, I figure he isn’t out collecting for the Red Cross!

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