DOCSLIB.ORG

The Naval Blockade of the Gaza Strip

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Naval Blockade of the Gaza Strip The Public Commission to Examine the Maritime Incident of 31 May 2010 The Turkel Commission Report | Part one The Public Commission to Examine the Maritime Incident of 31 May 2010 The Turkel Commission January 2011 Report | Part one The Public Commission to Examine the Maritime Incident of 31 May 2010 Mr. Benjamin Netanyahu The Prime Minister The honorable Prime Minister, Re: Report of the Commission for Examining the Maritime Incident of May 31, 2010 - Part One Pursuant to paragraph 10 of Government resolution no. 1796 of June 14, 2010, we respectfully submit to the Government a report on the following matters: a. The security circumstances in which the naval blockade on the Gaza Strip was imposed and whether the blockade complies with the rules of international law (paragraph 4a of the Government resolution). b. Whether the actions carried out by Israel to enforce the naval blockade on May 31, 2010, complied with the rules of international law (paragraph 4b of the Government resolution). c. The actions carried out by the organizers and participants of the flotilla and their identities (paragraph 4c of the Government resolution). In the next stage, the commission will submit part two of the report, which will address the question whether the mechanism for examining and investigating complaints and claims of violations of the laws of war, as carried out by Israel in general, and as implemented with regard to the events of May 31, 2010, in particular, complies with the obligations of the State of Israel pursuant to the rules of international law. Part two of the report will also address other questions that arose from the material before the commission. Justice Emeritus Jacob Türkel Ambassador Reuven Merhav Chairman of the commission Member of the commission Major-General (res.) Amos Horev Prof. Miguel Deutch Member of the commission Member of the commission Lord David Trimble Brigadier-General (ret.) Kenneth Watkin Observer Observer Commission Members Justice (Ret.) Jacob Turkel, Chairman Ambassador Professor Shabtai Rosenne, (Deceased 21.9.10) General (Ret.) Amos Horev Ambassador Reuven Merhav Professor Miguel Deutch Foreign Observers Lord David Trimble (United Kingdom) Brigadier General (Ret.) Kenneth Watkin, Q.C. (Canada) Commission Coordinator Advocate Hoshea Gottlieb Special Consultants Prof. Dr. Wolff Heintschel von Heinegg (Germany) Prof. Michael Schmitt (United Kingdom\ U.S.A.) Legal Staff Advocate Christine Bjork Advocate Haim Wismonsky Advocate Moran Yahav Reasearch Assistants Ms. Hagit Gluska Mrs. Yael Levy Mr. Ariel Naftaly Mr. Matanya Cahlon Commission Spokesman Mr. Ofer Lefler Administrative Staff Mr. Avi Atias Mr. Kfir Halfon Mrs. Tali Mehaber Mrs. Toni Foigelman Mr. Aviad Feigin Table of Contents Observers’ Letter .....................................................................................................................................11 Preface to the Report .....................................................................................................................13 Introduction ........................................................................................................................................................15 The background to the establishment of the Commission and the Government resdutions...............................................................................................................15 Deliberations of the Commission...........................................................................................................19 The structure of the report ..............................................................................................................................24 Chapter A: The naval blockade of the Gaza Strip ......................................................................................................................................25 General background to the imposition of the naval blockade on the Gaza Strip ......................................................................................................................................................26 The status of the Gaza Strip in the years 1967-2010 ....................................................26 The territorial waters of the Gaza Strip in the years 1967-2010 .......................32 The Questions before the Commission ............................................................................................38 The Conformity of the Naval Blockade with International Law ...........................38 The legal framework ..................................................................................................................................38 The concept of a ‘naval blockade’ in general.............................................................. 38 The legal sources ............................................................................................................................... 40 The legal definition of the term ‘naval blockade’ and the rules governing its imposition and enforcement ............................... 44 The conflict in the Gaza Strip ............................................................................................................45 The classification of the conflict between Israel and the Hamas and the implications of this classification for the naval blockade ............ 45 Is the Gaza Strip an occupied territory? .................................................................................50 Israel’s imposition of the naval blockade ..............................................................................53 The purpose of the naval blockade ...................................................................................... 53 Alternatives to the naval blockade ..................................................................................... 58 Israel’s Compliance with the Legal Rules Governing a Naval Blockade ...........................................................................................................................................61 Commitment to the rules of international law ........................................................ 61 ‘Notice’ of the imposition and duration of a naval blockade ........................ 62 Humanitarian obligations .....................................................................................................................64 The humanitarian situation in the Gaza Strip........................................................ 69 Claims regarding the humanitarian situation in the Gaza Strip ............ 72 The prohibition of starving the civilian population ............................................ 82 The provision of objects essential for the survival of the civilian population ......................................................................................................................... 84 Passage of medical supplies ..................................................................................................... 86 The military advantage of the naval blockade versus harm caused to the civilian population ........................................................................................................... 90 ‘International human rights law’ and its application in our case ...............102 Claims regarding ‘collective punishment’ .........................................................................104 Means of resolving disputes regarding the legality of a naval blockade ...................................................................................................................................109 Chapter A: Conclusions..................................................................................................................................111 Chapter B: The actions undertaken by Israel to enforce the naval blockade on May 31, 2010 ..........................................................................................................................113 General .............................................................................................................................................................................113 The facts ..........................................................................................................................................................................116 The preparation stage ............................................................................................................................116 The situation before the operation from an intelligence perspective .. 116 Decision of the political echelon ........................................................................................ 119 The diplomatic attempts to prevent the flotilla from departing ............. 121 The IDF’s preparations for the ‘Winds of Heaven 7’ operation ............ 124 The military operation for enforcing the naval blockade on May 31, 2010 - the implementation stage ...................................................................138 The Inquiry and Warning Stage ...................................................................................... 138 Giving the instruction to take over the ships ........................................................ 141 The Takeover of the Mavi Marmara .............................................................................. 142 The Takeover of the Other Vessels .................................................................................. 180 Treatment of the Flotilla Participants from their
Load more

Recommended publications
  • Hamas: Background and Issues for Congress
    Hamas: Background and Issues for Congress December 2, 2010 Congressional Research Service https://crsreports.congress.gov R41514 Hamas: Background and Issues for Congress Summary This report and its appendixes provide background information on Hamas, or the Islamic Resistance Movement, and U.S. policy towards it. It also includes information and analysis on (1) the threats Hamas currently poses to U.S. interests, (2) how Hamas compares with other Middle East terrorist groups, (3) Hamas’s ideology and policies (both generally and on discrete issues), (4) its leadership and organization, and (5) its sources of assistance. Finally, the report raises and discusses various legislative and oversight options related to foreign aid strategies, financial sanctions, and regional and international political approaches. In evaluating these options, Congress can assess how Hamas has emerged and adapted over time, and also scrutinize the track record of U.S., Israeli, and international policy to counter Hamas. Hamas is a Palestinian Islamist military and sociopolitical movement that grew out of the Muslim Brotherhood. The United States, Israel, the European Union, and Canada consider Hamas a terrorist organization because of (1) its violent resistance to what it deems Israeli occupation of historic Palestine (constituting present-day Israel, West Bank, and Gaza Strip), and (2) its rejection of the off-and-on peace process involving Israel and the Palestine Liberation Organization (PLO) since the early 1990s. Since Hamas’s inception in 1987, it has maintained its primary base of political support and its military command in the Gaza Strip—a territory it has controlled since June 2007—while also having a significant presence in the West Bank.
    [Show full text]
  • News of Terrorism and the Israeli-Palestinian Conflict
    The Meir Amit Intelligence and Terrorism Information Center News of Terrorism and the Israeli- Palestinian Conflict (September 1-6, 2010) Hamas spokesman Musheir al-Masri extols the terrorist shooting attack in Judea and Samaria (Al-Jazeera TV, August 31, 2010). Overview This past week events focused on the relaunching of the direct talks between Israel and the Palestinian Authority in Washington. According to media reports, both sides agreed their objective was to formulate a "framework agreement" within a year which would define the principles of a resolution for the conflict and the establishment of a Palestinian state. George Mitchell, the American envoy to the Middle East, said that Prime Minister Benyamin Netanyahu and Palestinian Authority Chairman Mahmoud Abbas had also agreed to meet in the Middle East on September 14 and 15, and that they would continue meeting every two weeks. The opening session was accompanied by shootin g attacks carried out by Hamas and targeting Israeli vehicles in Judea and Samaria: An attack southeast of Hebron killed four Israeli civilians. In another shooting attack in eastern Samaria two Israeli civilians were wounded. A shooting attack northeast of Ramallah did not result in casualties. Responsibility for the attacks, which were intended to disrupt 248-10 the relaunching of the talks, was claimed by Hamas, which also threatened to maintain a dialogue with Israel "with guns." 2 Important Terrorist Events Shooting Attacks in Judea and Samaria On the evening of August 31 an Israeli vehicle was shot at near the Bani Naim junction southeast of Kiryat Arba in Judea. The four Israeli civilians in the car were killed.
    [Show full text]
  • Israel's Investigation of Alleged Violations of The
    Israel’s Investigation of Alleged Violations of the Law of Armed Conflict Israel is well aware of allegations of violations of international law during Operation Protective Edge (hereinafter: the 2014 Gaza Conflict). Israel reviews complaints and other information suggesting IDF misconduct, regardless of the source. Moreover, Israel is committed to investigating fully any credible accusation or reasonable suspicion of a serious violation of the Law of Armed Conflict,1 and in fact its policy of carrying out investigations goes beyond its obligation under international law. In 2010 the Government of Israel created an independent public commission of inquiry headed by retired Israeli Supreme Court Justice Jacob Turkel and observed by international legal experts (the “Turkel Commission”), whose mandate included an assessment of Israel’s mechanisms for examining and investigating complaints and claims regarding alleged violations of the Law of Armed Conflict. The Turkel Commission reviewed Israel’s investigations systems, including the military system of justice — which includes a multi-stage process directed by Israel’s Military Advocate General (the “MAG”), Military Courts, civilian oversight by the Attorney General of Israel, and judicial review by the Supreme Court of Israel — in light of the “general principles” for conducting an effective investigation under international law: independence, impartiality, effectiveness and thoroughness, and promptness.2 Following a careful and comprehensive review, the Turkel Commission concluded in 2013
    [Show full text]
  • Directions for a Middle East Settlement—Some Underlying
    DIRECTIONS FOR A MIDDLE EAST SETTLEMENT- SOME UNDERLYING LEGAL PROBLEMS SHABTAI ROSENNE* I INTRODUCTION A. Legal Framework of Arab-Israeli Relations The invitation to me to participate in this symposium suggested devoting attention primarily to the legal aspects and not to the facts. Yet there is great value in the civil law maxim: Narra mihi facta, narabo tibi jus. Law does not operate in a vacuum or in the abstract, but only in the closest contact with facts; and the merit of legal exposition depends directly upon its relationship with the facts. It is a fact that as part of its approach to the settlement of the current crisis, the Government of Israel is insistent that whatever solution is reached should be em- bodied in a secure legal regime of a contractual character directly binding on all the states concerned. International law in general, and the underlying international legal aspects of the crisis of the Middle East, are no exceptions to this legal approach which integrates law with the facts. But faced with the multitude of facts arrayed by one protagonist or another, sometimes facts going back to the remotest periods of prehistory, the first task of the lawyer is to separate the wheat from the chaff, to place first things first and last things last, and to discipline himself to the most rigorous standards of relevance that contemporary legal science imposes. The authority of the Interna- tional Court itself exists for this approach: the irony with which in I953 that august tribunal brushed off historical arguments, in that instance only going back to the early feudal period, will not be lost on the perceptive reader of international juris- prudence.' Another fundamental question which must be indicated at the outset relates to the very character of the legal framework within which the political issues are to be discussed and placed.
    [Show full text]
  • Israel and the Occupied Territories 2015 Human Rights Report
    ISRAEL 2015 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Israel is a multiparty parliamentary democracy. Although it has no constitution, the parliament, the unicameral 120-member Knesset, has enacted a series of “Basic Laws” that enumerate fundamental rights. Certain fundamental laws, orders, and regulations legally depend on the existence of a “state of emergency,” which has been in effect since 1948. Under the Basic Laws, the Knesset has the power to dissolve the government and mandate elections. The nationwide Knesset elections in March, considered free and fair, resulted in a coalition government led by Prime Minister Benjamin Netanyahu. Civilian authorities maintained effective control over the security services. (An annex to this report covers human rights in the occupied territories. This report deals with human rights in Israel and the Israeli- occupied Golan Heights.) During the year according to Israeli Security Agency (ISA, also known as Shabak) statistics, Palestinians committed 47 terror attacks (including stabbings, assaults, shootings, projectile and rocket attacks, and attacks by improvised explosive devices (IED) within the Green Line that led to the deaths of five Israelis and one Eritrean, and two stabbing terror attacks committed by Jewish Israelis within the Green Line and not including Jerusalem. According to the ISA, Hamas, Hezbollah, and other militant groups fired 22 rockets into Israel and in 11 other incidents either planted IEDs or carried out shooting or projectile attacks into Israel and the Golan Heights. Further
    [Show full text]
  • Al-Nabi Saleh Al-Haq P.O.Box: 1413 Ramallah
    REPRESSION OF NON-VIOLENT PROTEST IN THE OCCUPIED PALESTINIAN TERRITORY: CASE STUDY ON THE VILLAGE OF AL-NABI SALEH Al-Haq P.O.Box: 1413 Ramallah. Palestine Tel: +972 (2) 2954646/7/9 Fax: +972 (2) 2954903 Email: [email protected] www.alhaq.org AL-HAQ Acknowledgements The authors would like to thank Al-Haq’s staff for their help in preparing the report, in particular Mercedes Melon, Valentina Azarov, Lina Fattom, Neill Kirrane, and Stefan Humer for their Author: Natalie Tabar and Lauren Bari insightful comments and careful eyes, and Tom Palmer for his work Cover photo: View from home in al-Nabi Saleh that has been regularly targeted with teargas canisters – July 2010, Al-Haq © on the photos and maps. Special thanks also goes to Al-Haq’s ISBN: 978-9950-327-28-3 field researcher Hadil Huneiti for her tireless work in collecting Publisher: Al-Haq - © All Rights Reserved information and personal testimonies from al-Nabi Saleh. Any errors are those of the author alone. Any quotation of up to 500 words may be used without permission provided that full attribu- tion is given. Longer quotations or entire chapters or sections of this study may not be repro- duced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or stored on any retrieval system of any nature, without the express written permission of Al-Haq. AL-HAQ 2011 Table of Contents 1. Background ................................................................................................................ 7 2. Al-Nabi Saleh Village .................................................................................................... 9 3. Suppression of Non-violent Protests ...................................................................... 11 3.1 Excessive Use of Force Against Protesters .....................................................
    [Show full text]
  • Shabtai Rosenne and the International Court of Justice*
    The Law and Practice of International Courts and Tribunals 12 (2013) 163–175 brill.com/lape Shabtai Rosenne and the International Court of Justice* Dame Rosalyn Higgins DBE QC Former President of the International Court of Justice It is by now well known in the world of international law that a new Judge at the International Court of Justice finds awaiting him or her on the office bookshelf not only the Pleadings, Judgments and Opinions of the Perma- nent Court of Justice and of the International Court of Justice, but the four volumes of Shabtai Rosenne’s The Law and Practice of the International Court, 1920–2005. Of course, there have over the years been many well-respected and knowledgeable writers on the Court. But the question arises: how could it be, that one who was never (for various reasons unrelated to his ability) a Judge of the International Court, produced thousands of pages, so full of insight and understanding, and precise in their formulation, that they have come to be regarded as somehow determinative of issues that arose in the life of the Court? These volumes were a marvel, yes, but how could they be so, especially as they were written by an author who had not ‘lived within the Court’? The answer is twofold: first, Shabtai Rosenne was a great, great man and scholar. Second, for nearly sixty years he had an ‘inside track’ at the Court. And he had it because he noted, he saw, he compared, and he asked, asked, and asked again – seeking information and explanations from seven Regis- trars.
    [Show full text]
  • COLD ARMS Zoran Markov Dragutin Petrović
    COLD ARMS Zoran Markov Dragutin Petrović MUZEUL BANATULUI TIMIŞOARA 2012 PREFACE Authors of the catalog and exhibition: Zoran Markov, Curator, Banat Museum of Timisoara Dragutin Petrović, Museum - Consultant, The City Museum of Vršac Associates at the exhibition: Vesna Stankov, Etnologist, Senior Curator Dragana Lepir, Historian Reviewer: “Regional Centre for the Heritage of Banat — Concordia” is set adopted a draft strategy for long-term research, protection and pro- Eng. Branko Bogdanović up with funds provided by the EU and the Municipality of Vršac, motion of the cultural heritage of Banat, where Banat means a ge- Catalog design: as a cross-border cooperation project between the City Museum ographical region, which politically belongs to Romania, Hungary Javor Rašajski of Vršac (CMV) and Banat Museum in Timisoara (MBT). In im- and Serbia. Photos: plementation of this project, the reconstruction of the building of All the parts of the Banat region have been inextricably linked Milan Šepecan Concordia has a fundamental role. It will house the Regional Centre by cultural relations since the earliest prehistoric times. Owing to Ivan Kalnak and also be a place for the permanent museum exhibition. its specific geographical position, distinctive features and the criss- Technical editor: The main objective of establishing the Regional Centre in crossing rivers Tisza, Tamis and Karas, as the ways used for spread- Ivan Kalnak Concordia is cross-border cooperation between all institutions of ing influence by a number of different cultures, identified in archae- COLD ARMS culture and science in the task of production of a strategic plan ological research, the area of Banat represents today an inexhaust- and creation of best conditions for the preservation and presenta- ible source of information about cultural and historic ties.
    [Show full text]
  • Western Europe
    Western Europe Great Britain Domestic Affairs A HE POLITICAL WORLD was startled by the news of Prime Minister Harold Wilson's resignation in March 1976. He was succeeded by former Foreign Secretary James Callaghan, elected by the parliamentary Labour party after three ballots. The precarious position of the government was emphasized both in March, when three by-elections showed a fall in Labour votes and a rise in C^ nservative —though no party lost a seat it had previously held; and in April, when the resignation of one Labour Member of Parliament reduced the party's voting strength to 314, as compared with 316 for all other parties. In February 1975 Margaret Thatcher had replaced Edward Heath as leader of the Conservative party. In June of that year, in a 64.5 per cent turnout, 67.2 per cent of those who went to the polls voted for the United Kingdom to stay in the European Economic Community (EEC). On the economic front significant changes of policy took place. Foremost among these were the imposition in July of a limit of £6 per week on pay rises and the introduction of more food and government housing subsidies. These measures were taken to combat a rapidly rising rate of inflation, which in May was running at 30 per cent per annum. In this way the Labour party, which had won power in 1974 by asserting the principle of free collective bargaining, reverted to a policy of compulsory wage controls after only a year. There were still doubts whether the Trades Union Congress would agree to the change; it did so at its annual conference in September by a majority of two to one.
    [Show full text]
  • My Life's Story
    My Life’s Story By Eliyahu Yekutiel Shwartz 1915-2000 Biography of Lieutenant Colonel Eliyahu Yekutiel Shwartz Z”L , the son of Rabbi Moshe Mordechai Shwartz Z”L , and Rivka Shwartz, née Klein Z”L Gilad Jacob Joseph Gevaryahu Editor and Footnote Author David H. Wiener Editor, English Edition 2005 Merion Station, Pennsylvania This book was published by the Eliyahu Yekutiel Shwartz Memorial Committee. Copyright © 2005 Yona Shwartz & Gilad J. Gevaryahu Printed in Jerusalem Alon Printing 02-5388938 Editor’s Introduction Every Shabbat morning, upon entering Lower Merion Synagogue, an Orthodox congregation on the outskirts of the city of Philadelphia, I began by exchanging greetings with the late Lt. Colonel Eliyahu Yekutiel Shwartz. He used to give me news clippings and booklets which, in his opinion, would enhance my knowledge. I, in turn, would express my personal views on current events, especially related to our shared birthplace, Jerusalem. Throughout the years we had an unwritten agreement; Eliyahu would have someone at the Israeli Consulate of Philadelphia fax the latest news in Hebrew to my office (Eliyahu had no fax machine at the time), and I would deliver the weekly accumulation of faxes to his house on Friday afternoons before Shabbat. This arrangement lasted for years. Eliyahu read the news, and distributed the material he thought was important to other Israelis and especially to our mutual friend Dr. Michael Toaff. We all had an inherent need to know exactly what was happening in Israel. Often, during my frequent visits to Israel, I found that I was more current on happenings in Israel than the local Israelis.
    [Show full text]
  • Sino-Israeli Relations: Current Reality and Future Prospects
    Sino-Israeli Relations: Current Reality and Future Prospects Sino-Israeli Relations: Current Reality and Future Prospects Aron SHAI ① (Department of East Asian Studies, Tel Aviv University) Abstract: More than 60 years’ Sino-Israeli relations experience twists and turns. Republic of China government has helped the Jews and in deed supported the establishment of Jewish state. One year after the founding of State of Israel, the People’s Republic of China was established, Israel turned to the new regime, but the Korean War and the Bandung Conference made the relationship between Israel and China become cool and eventually break. The ease of Sino-US relations, Israel-Egypt peace talks and Sino-Vietnam border war provide the opportunity for the development of Sino-Israeli relations again, and Hong Kong became the bridgehead of dual military, economic and political cooperation; the two countries established diplomatic relations in 1992 eventually. Due to the repeated Israel-Arab relations, the American pressure on Israeli arms exports to China and China’s internal ethnic separatism, China swifts between Israel and Islam-Arab countries with limited success in the involvement in Middle East peace process. In the current global financial crisis, the international community recognizes the important position of China, Israel needs new China policy which fits the era of international system transformation. Key Words: Sino-Israeli Relations; Israel’s China Policy; Military and Technical Cooperation; Global Financial Crisis ① Dr. Aron SHAI is the Rector of Tel Aviv University and the Shoul N. Eisenberg Professor for East Asian Affairs. 17 Journal of Middle Eastern and Islamic Studies (in Asia) Vol.
    [Show full text]
  • Runescape Weapons Guide
    Runescape weapons guide Continue Guns are a vital part of the fight in any video game and OSRS is no different. When RuneScape decided to activate the Evolution of Combat update, people noticed a striking contrast between how it works in both OSRS and RS3. In this preview of OSRS and RuneScape Weapons, we'll help you make it easier to understand how guns work in each version. Is there a difference between guns in Runescape 3 and OSRS? Despite the overwhelming amount of content in RS3, Jagex has completely changed the way the original weapon works. Some weapons were useless and some were upgraded. There was a lot of division in the community with this update, but it offers a new dynamic of aging game. The most important change was the ability to double-weapon in the form of an undesirable variant of these weapons - an example of the fact that it is a flash sword and a sword from the hands. As a rule, OSRS allowed players to equip only weapons and shields or weapons with two hands, and there was nothing between them. Swords As one would expect in medieval style games, there is plenty of content surrounding swords in Runescape and OSRS. This includes likes of short swords, long swords, scimitars, two-handed swords, and rapiers. Dragon Scimitar is one of the most popular swords, especially for pure strength training or mid-level players. Dragon Longsword is used to be held in high esteem right up until the release of the scimitar. The swords of God have entered the game and are by far the most useful 2-handed swords in both RS3 and OSRS.
    [Show full text]