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Friday, June 4, 2010

SPINWATCH-Q&A-Is Israel's naval blockade of Gaza legal? http://www.alertnet.org/thenews/newsdesk/LDE6511I7.htm

CAN ISRAEL IMPOSE A NAVAL BLOCKADE ON GAZA?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 recognised 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.No, as under international law it was considered a state action."Whether what Israel did is right or wrong, it is not an act of piracy. Piracy deals with private conduct particularly with a pecuniary or financial interest," Kraska said.

comment-ok first of all notice the contradiction ...''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'' as you can see next an area can only be blckaded if under enemy control...gaza port isnt..see..http://en.wikipedia.org/wiki/Port_of_Gaza Israel was granted exclusive control over external access to Gaza from the sea by the Oslo Accords[10].

Israel has used that power to block access to the port, and the restrictions were tightened after Hamas took full control.[11] Several attempts to break the Israeli blockade were made. An Iranian ship sailing from Bandar Abbas to the port of Gaza, with humanitarian aid, was diverted during the 2008–2009 Israel–Gaza conflict.[

also..the second claim in article made by author thats suspect>>''OPPONENTS HAVE CALLED ISRAEL'S RAID "PIRACY". WAS IT?No, as under international law it was considered a state action.''  

San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994 http://www.icrc.org/IHL.nsf/52d68d14de6160e0c12563da005fdb1b/7694fe2016f347e1c125641f002d49ce!OpenDocument  SECTION II : ARMED CONFLICTS AND THE LAW OF SELF-DEFENCE 5. How far a State is justified in its military actions against the enemy will depend upon the intensity and scale of the armed attack for which the enemy is responsible and the gravity of the threat posed.

the humanitarian ship was off of  israel's jurisdiction,and secondly the law clearly states,the necessariry protocol that would grant that state action to be undertaken,id dependable on>'' its military actions against the enemy will depend upon the intensity and scale of the armed attack for which the enemy is responsible.''  

also see the following...SECTION II : PRECAUTIONS IN ATTACK46. With respect to attacks, the following precautions shall be taken:(a) those who plan, decide upon or execute an attack must take all feasible measures to gather information which will assist in determining whether or not objects which are not military objectives are present in an area of attack;(b) in the light of the information available to them, those who plan, decide upon or execute an attack shall do everything feasible to ensure that attacks are limited to military objectives(the ship was not a military target or a military threat and israel knew well in advance it was a humanitarian ship!!!

SECTION III : ENEMY VESSELS AND AIRCRAFT EXEMPT FROM ATTACKClasses of vessels exempt from attack 47. The following classes of enemy vessels are exempt from attack: (ii) vessels engaged in humanitarian missions, including vessels carrying supplies indispensable to the survival of the civilian population, and vessels engaged in relief actions and rescue operations;(d) vessels engaged in transporting cultural property under special protection;(e) passenger vessels when engaged only in carrying civilian passengers;

israels attack was an act of war,a violation of international law and a crime against humanity!!!

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