The Swedish registered Estelle tried to break Israel’s Gaza marine embargo in 2012. Israel’s High Court ruled on Sunday, 3 Menachem Av that Israel does not have the right to confiscate the vessel, which Israel feels also serves as a deterrence for future flotillas.
Israel naval commandos boarded the Estelle in October 2012, bringing an end to its planned defiance of the marine blockade in Gaza. In the summer of 2013, Israel filed a petition to confiscate the vessel, which is owned by a company headed by leftist Dror Feiler, who lives out of Israel. A lower court in Haifa ruled against the state, eventually leading to the matter coming before the High Court.
In addition to ruling against Israel’s confiscation, the state was instructed to pay NIS 40,000 in court costs to the owner of the vessel.
(YWN – Israel Desk, Jerusalem)
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3 Responses
That area of law is called “Prize law” and the general rule is that the seizing country has to be at war with country whose ship was seized. As Israel was not at war with Sweden, Israel would under well established international law have no right to seize the ship (though they can enforce a blockade). If the ship belonged to a country at war with Israel, it would be a “prize” and Israel could lawfully sell the ship (meaning other countries would consider it a lawful change of ownership – though of course countries at war with Israel could seize it back).
Chelm!
The end of the Medina. No more elected ministers and parliament members. The anarchists of high court are taking over not slowly slowly but very speedily. Beyond belief!