reply to post by Essan
You are all of the above... Stop skewing the facts!
Blockade = LEGAL
Boarding the vessel in international waters to enforce the blockade =LEGAL
Now just because you dont think it was right.. DOES NOT MAKE IT ILLEGAL.
Stop spreading your opinion like it is fact or law.. You are wrong and so is your opinion. but I can admit that is just my opinion.
The fact remains no law was broken.. Below is my proof.. Where is yours?
According to the San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994:
SECTION V : NEUTRAL MERCHANT VESSELS AND CIVIL AIRCRAFT
Neutral merchant vessels
67. Merchant vessels flying the flag of neutral States may not be attacked unless they:
(a) 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;
(b) engage in belligerent acts on behalf of the enemy;
(c) act as auxiliaries to the enemy s armed forces;
(d) are incorporated into or assist the enemy s intelligence system;
(e) sail under convoy of enemy warships or military aircraft; or
(f) otherwise make an effective contribution to the enemy s military action, e.g., by carrying military materials, and it is not feasible for the
attacking forces to first place passengers and crew in a place of safety. Unless circumstances do not permit, they are to be given a warning, so that
they can re-route, off-load, or take other precautions.
For those that think this was piracy:
the definition of piracy under the UN Convention on the Law of the Sea, section 101, is clear that piracy can only occur where there are “illegal
acts of violence or detention” that are “committed for private ends.” Israeli actions were legal under the law of armed conflict (as evidenced
by the San Remo Manual) and in any event, were not committed for private ends. Anyone using the term piracy to describe the Israeli action is clearly
not aware of international law on the subject.
Some more raw facts on the matter. Blame the captain of any ship that chooses to violate a blockade for any repercussions that follow.
* A maritime blockade is in effect off the coast of Gaza. Such blockade has been imposed, as Israel is currently in a state of armed conflict with the
Hamas regime that controls Gaza, which has repeatedly bombed civilian targets in Israel with weapons that have been smuggled into Gaza via the sea.
* Maritime blockades are a legitimate and recognized measure under international law that may be implemented as part of an armed conflict at sea.
* A blockade may be imposed at sea, including in international waters, so long as it does not bar access to the ports and coasts of neutral States.
* The naval manuals of several western countries, including the US and England recognize the maritime blockade as an effective naval measure and set
forth the various criteria that make a blockade valid, including the requirement of give due notice of the existence of the blockade.
* In this vein, it should be noted that Israel publicized the existence of the blockade and the precise coordinates of such by means of the accepted
international professional maritime channels. Israel also provided appropriate notification to the affected governments and to the organizers of the
Gaza protest flotilla. Moreover, in real time, the ships participating in the protest flotilla were warned repeatedly that a maritime blockade is in
effect.
* Here, it should be noted that under customary law, knowledge of the blockade may be presumed once a blockade has been declared and appropriate
notification has been granted, as above.
* Under international maritime law, when a maritime blockade is in effect, no boats can enter the blockaded area. That includes both civilian and
enemy vessels.
* 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.
Now post some facts or stop spreading your foolish opinion please.