The Legal Framework of
International Law
The Attack on the Gaza Freedom
Flotilla by Israeli Navy
Commandos
on May 31,
2010
Lynda Brayer
Crimes
against the Peace and
Crimes
against Humanity
During the
pre-dawn hours of May 31, 2010,
the Israeli Navy attacked the
six civilian vessels of the Gaza
Freedom Flotilla. The
attack took place in
international waters against
ships flying under national
flags of countries with which
Israel is not at war, namely
Turkey, Greece and the United
States. The ships were
carrying civilians from more
than sixteen countries.
Salient
points:
Since no
state of war existed at the
time, the attack on these
vessels constitutes an act of
war against those
governments under whose flags
the vessels were sailing.
The attack
falls within the purview of the
ius ad bellum,
those laws which govern
the resort to armed conflict.
Israel’s action does not fall
into the category of the ius
in bello or the laws which
govern the actual conduct of
war.
Because this
attack was carried out in
international waters, the status
of the relationship between
Hamas, or any other Palestinian
body, and the state of Israel is
of no relevance whatsoever.
Likewise, neither the
blockade of Gaza nor Israel’s
claims and legal interpretations
regarding it has any bearing
on its acts of aggression in
international waters.
This is not
an act of piracy.
Piracy is an act of aggression
carried out in international
waters by individuals and not by
states.
The following
internationally binding
treaties, charters, and
agreements are relevant to the
attack by Israel:
1.
Article 6 of
the Charter Provisions of the
Nuremburg Trials
(a) Crimes
against Peace: namely,
planning, preparation,
initiation, or waging of a war
of aggression, or a war in
violation of international
treaties, agreements or
assurances, or participation in
a common plan or conspiracy for
the accomplishment of any of the
foregoing;
(3) Crimes
against Humanity:
namely murder…deportation, and
any other inhumane acts
committed against any civilian
population, before or during the
war...in execution of or in
connection with any
crime…whether or not in
violation of the domestic law of
the country where perpetrated.
2.
1907 Hague
Regulation Convention (XI)
Relative to Certain Restrictions
with Regard to the Exercise of
the Right of Capture in Naval
War
Chapter II –
The Exemption from Capture of
Certain Vessels
Article 4.
Vessels charged with religious,
scientific, or philanthropic
missions are likewise exempt
from capture.
Salient
points:
The
standard for judging the Israeli
acts is objective and not
subjective. It is irrelevant
what Israeli ministers,
generals, admirals, or soldiers
thought or intended. The
test is in what they did.
What they did
was engage in acts of war
using weapons of war in
international waters against
vessels that are protected not
only in peacetime but also in
times of war.
Israel has
therefore committed both
crimes against the peace and
crimes against humanity.
These are
crimes that have
international jurisdiction.
Israeli political and military
personnel can be named in trials
held in any and all countries of
the world. If the Israelis
do not attend the trials, they
can be tried in abstentia,
and those decisions in which the
Israelis are found guilty can be
executed anywhere in the world.
Because
unarmed civilians were murdered
by a preplanned military attack,
capital crimes have been
committed. While it
would appear that the
international community no
longer finds capital punishment
civilized, the punishments for
these capital crimes can be
multiple life sentences.
These crimes
give rise to damage claims for
huge sums of money and Israeli
accounts can be blocked using
decisions finding them guilty.
The unarmed
vessels were on a philanthropic
mission, carrying civilians and
humanitarian supplies.
Even if Israel were in a state
of war with any of these
countries, it would be
prohibited from capturing the
vessels according to the terms
of the Hague Convention of 1907.
Conclusion:
It follows,
therefore, that Israel was first
of all not allowed to attack
these vessels militarily, and
then not to board these vessels
by force, capture these vessels,
attack the passengers, imprison
them on the vessels, forcibly
remove them from the vessels,
and steal their private property
in the form of cameras,
computers, clothes, etc.
Every single
act carried out by the Israeli
military forces in international
waters no May 31, 2010, are
unqualifiedly and absolutely
violations of international law.
Lynda Brayer
is a human rights lawyer who
specialized in the laws of war
and international law in
representing Palestinians.
She lives in Haifa.
She can be reached at
lyndabrayer@yahoo.com
Appendix:
The Gaza
Freedom Flotilla included six
vessels on May 31, 2010
1.
Mavi Marmara, passenger
boat, Turkey
2. Sofia,
cargo ship, Greece
3. Gaza I,
cargo ship, Turkey
4. Gaza II,
cargo ship, Turkey
5.
Spendoni, passenger
ship, Greece
6.
Challenger I, passenger
ship, United States
The majority
of the passengers aboard the
ships were Turkish citizens.
There were also nationals from
Britain, Australia, Greece,
Canada, Malaysia, Algeria,
Serbia, Belgium, Ireland,
Norway, Sweden, Kuwait and the
United States.
Three German
parliamentarians were aboard the
Turkish boat that was stormed.
There were also two Palestinian
Members of the Knesset.
Swedish author Henning Mankell
was also on board the flotilla.
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