4 Responses

1. Whilst I never condone violence I do believe that the ships were in International waters and flying Turkish and other International flags. Technically isn’t the fact that soldiers were landed on them a breach of international law allowing those on the ships to defend themselves against armed soldiers?

2. abba,

   These ships were defying a legal blockade, that put them within a different category if I am not mistaken, Blockade runners are boarded, that is how it works, a blockade is one step blockade runners are a response, forced boarding teams are the response to that, it happens everywhere there is a blockade, the US does it continually.

3. The ministry of foreign affairs website gives the legal background of the case.

   “8. A state may take action to enforce a blockade. Any vessel that violates or attempts to violate a maritime blockade may be captured or even attacked under international law. The US Commander’s Handbook on the Law of Naval Operations sets forth that a vessel is considered to be in attempt to breach a blockade from the time the vessel leaves its port with the intention of evading the blockade. “

4. AbbaShmuel, you must not know about international law at all. IMRA asked Hebrew University international law expert Dr. Robbie Sabel about the legality of the IDF action in international waters.

   Dr. Sabel explained that a state, in a time of conflict, can impose an embargo, and while it cannot carry out embargo activities in the territorial waters of a third party, it can carry out embargo activities in international waters.

   Within this framework it is legal to detain a civilian vessel trying to break an embargo and if in the course of detaining the vessel, force is used against the forces carrying out the detention then that force has every right to act in self defense.

   Dr. Sabel noted that there is a long history of embargo activities in international waters.

   Indeed, according to the San Remo Manual that governs international humanitarian law, it is permissible under rule 67(a) to attack neutral vessels on the high seas when the vessels “are believed on reasonable grounds to be carrying contraband or breaching a blockade, and after prior warning they intentionally and clearly refuse to stop, or intentionally and clearly resist visit, search or capture.”