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Gaza bound flotilla attack
File:Gaza-flotilla-boarded.jpg
Israeli commandos aboard the MV Mavi Marmara. On the lower-right the Flag of Turkey is visible.
LocationThe Mediterranean Sea off the coast of Israel and Gaza in international waters.
Date31 May 2010 (2010-05-31)
04:30[1] (UTC+3)
DeathsNine[2][3][4][5]
Injuredup to 60 activists and 10 Israel Defense Forces (IDF) soldiers wounded.[6]

The 'Gaza bound flotilla attack occurred on 31 May 2010 in the international waters of the Mediterranean Sea, when Israeli naval forces seized an aid flotilla of six ships carrying 663 pro-Palestinian activists from 37 nations,[7] known as the "Gaza Freedom Flotilla".[8] The activists were planning to proceed through the maritime blockade of Gaza and deliver humanitarian supplies.[8][9] Nine passengers aboard the MV Mavi Marmara, the main ship of the convoy,[6][10][11] were killed by Israeli forces in a skirmish that followed commandos boarding the vessel.[12][13][14]

Up to 60 activists and 10 Israel Defense Forces (IDF) soldiers were wounded in the clash.[6][12][13][14][15] The flotilla had refused to change its course to the port of Ashdod, where the Israeli government had said it would inspect the aid and deliver (or let humanitarian organizations deliver) Israeli-approved items to Gaza.[16] Israeli accounts claim that soldiers were attacked as they boarded the boat,[17] while activists claimed the Israelis opened fire before boarding.[18]

The United Nations Security Council condemned "those acts which resulted in the loss of at least 10 civilians and many wounded", and called for "a prompt, impartial, credible and transparent investigation conforming to international standards".[19], while the UN Human Rights Council has also demanded a raid investigation.[20] Israeli Prime Minister Benjamin Netanyahu expressed regret for the loss of life, and said that the event represents a clear case of self-defense of the IDF soldiers,[21][22] while "Israel is the victim of an international hypocrisy attack."[23]

The attack on the flotilla prompted widespread international outrage from national authorities, supranational bodies and NGOs, as well as civilian demonstrations around the world. The UN Security Council called for the immediate release of the ships and all civilians held by Israel.[19] Israel said it would release 620 of the 682 arrested people, and deport them back to their countries.[24] The supplies seized by the Israelis were unloaded at the Ashdod port, inspected, and items approved by Israel were sent to Gaza by land,[25] though Hamas refused to allow any of the humanitarian aid into Gaza until all flotilla detainees were released by Israeli authorities.[26]

Background

See also: 2007–present blockade of the Gaza Strip

Hamas has governed the Gaza Strip since the Fatah–Hamas conflict that followed the outcome of the Palestinian elections of 2006. Israel, which considers Hamas to be a terrorist organization, and accuses Hamas of launching thousands of rockets at Israel, declared itself to be in a state of war with Hamas-run Gaza.[27] Likewise, Egypt refused to recognize Hamas' government and the ousting of the Palestinian Authority officials from Gaza.[27] Together, the two countries set up a military and naval blockade of Gaza.[27] Arab foreign ministers have also presented a united front against control of the border by Hamas.[28] In May 2010, a Palestinian fisherman died off Rafah in a clash with an Egyptian naval vessel enforcing the blockade on the sea border between Gaza Strip and Egypt. Hamas government held Egypt responsible saying: "this is not the first accident" and called for Egyptian government investigation.[29][30] The United Nations and human rights groups have repeatedly criticized the blockade, calling it collective punishment of the Palestinian people, saying it restricts the flow of materials for basic needs and for reconstruction of infrastructure and homes that were either destroyed, or severely damaged by Israel, in the Gaza War.[31][32] Israel responds that the blockade is pursuant to Article 23 of the Fourth Geneva Convention, saying it indicates that if goods entering enemy territory contribute to the enemy's war effort, they can be blocked.[33] By requiring all goods entering Gaza to cross Gaza-Israel land borders, Israel can inspect the goods, to ensure there are no war materiel in them before sending them through.[33] In 2009, 738,000 tons of goods entered Gaza through Israel; more than 2,000 tons a day.[33]

Free Gaza Movement

Main article: Free Gaza Movement

The "Gaza Freedom Flotilla", comprised of eight ships, was organized to break Israel's naval blockade of the Gaza Strip.[34] The ships were to carry what the organizers identified as 10,000 tons of humanitarian aid, including food, medicine, and building materials such as cement, with a value of $20 million, to the Gaza Strip.[35][27] Israel bars cement and other building materials from reaching Gaza, saying that they will be used to make smuggling tunnels for explosives and arms.[36] Organizers say that building materials are necessary to rebuild the infrastructure of Gaza that was seriously damaged in the 2008–2009 war.[37]

This was the ninth time that the Free Gaza Movement had tried to ship aid to Gaza. Five aid shipments had been allowed through prior to the Gaza War of 2008–09, but all shipments following the war were blocked by Israeli forces.[38] Unlike previous attempts, this flotilla, the largest sent by far, was dominated not by the Free Gaza Movement, which sent only one small passenger boat, but by three ships sent by an Islamic aid group from Turkey, the Foundation for Human Rights and Freedom and Humanitarian Relief (IHH).[39] Israel has accused IHH of having close ties to Hamas, and being "sympathetic to al-Qaeda."[40][41]

Ships in flotilla

Ships involved in raid

The flotilla consisted of six ships owned or chartered by a number of non-governmental organizations, including the Free Gaza Movement (FGM), the Turkish IHH, and the Greek Ship to Gaza.[42] The lead ship was the Turkish-flagged Mavi Marmara, carrying more than 500 activists on board.[43][44]

Mavi Marmara leaving Antalya for Gaza on 22 May 2010
United States Challenger 1

The US-flagged Challenger 1 is operated by the Free Gaza Movement.[45]

Greece Eleftheri Mesogeios and Sfendoni

The Eleftheri Mesogeios (Eλεύθερη Mεσόγειος, Free Mediterranean)[46] is a Greek-flagged cargo vessel and the Sfendoni (Σφενδόνη, Slingshot)[46] is a Greek-flagged passenger vessel operated by the Greek Ship to Gaza and the European Campaign to End the Siege of Gaza. Both vessels left Piraeus on 25 May to rendezvous with the rest of the flotilla off Cyprus.[47][48]

Comoros MV Mavi Marmara
Further information: [[:MV Mavi Marmara]]

The Mavi Marmara ("Blue Marmara") is a Comoros-flagged passenger ship,[49][50] which was formerly owned and operated by Istanbul Fast Ferries Co. Inc., in the Sea of Marmara.[51] It was purchased especially for the trip to Gaza by the İHH.

It left the Anatolian port of Antalya on 22 May 2010 to rendezvous with the flotilla heading to Gaza, along with the Gazze and Defne Y.[52] It carried 581 activists, around 400 of whom were Turkish.[53]

Turkey Gazze

The Gazze ("Gaza") is a Turkish-flagged cargo vessel owned and operated by the Turkish Islamic charity IHH.[54] Its cargo consisted of 2,104 tons of cement, 600 tons of construction steel, and 50 tons of tiles.[35] It also carried 13 Turkish crew members and 5 activists.[54] It left Antalya on 22 May to rendezvous with the flotilla, along with the Mavi Marmara and Defne Y.[52]

Kiribati Defne Y

The Kiribati-flagged Defne Y ("Laurel Y") is a cargo ship owned and operated by the Turkish Islamic charity IHH.[55] It carried a mixed cargo of goods including 150 tons of iron, 98 power units, 50 precast homes, 16 units of children's playground equipment and various items of specialist medical equipment.[55] There were 23 crew and 7 activists on board.[54] It left Antalya on 22 May to rendezvous with the flotilla, along with the Mavi Marmara and Gazze.[52]

Sweden MS Sofia

Vessel operated by the Swedish organisation Ship to Gaza.[56]

Other ships

Cambodia MV Rachel Corrie
Further information: [[:MV Rachel Corrie]]

The Cambodian-flagged Rachel Corrie, named after American activist Rachel Corrie, was unable to join the rest of the flotilla because of mechanical problems that forced it to undergo repairs in Malta. The cement-carrying vessel got underway on 31 May 2010 after the interception of the flotilla, with its crew insisting that they would go to Gaza.[57] The vessel is a former merchant ship owned and operated by the Free Gaza Movement.[58] Irish Prime Minister Brian Cowen called on Israel to allow its passage.[59] The ship was checked for weapons in Ireland by customs officials and a senator from the Irish Green Party. No weapons were found.[60]

United States Challenger II

The US-flagged Challenger II, a Free Gaza Movement ship, was also unable to join the rest of the flotilla due to mechanical problems.[45] It is currently undergoing repairs in Nicosia, Cyprus.[61] The Free Gaza Movement suspects sabotage by Israeli agents to be the cause of the malfunctions in the Challenger I and Challenger II. [62]

People on board the flotilla

Main article: List of participants of the Gaza flotilla

There were in total 663 participants from 37 nations on board the flotilla.[7] Notable people aboard the flotilla included Nobel Peace Prize laureate Mairead Corrigan, former UN Assistant Secretary-General Denis Halliday,[59] Israeli-Arab member of Knesset Haneen Zoubi, leader of the northern branch of the Islamic Movement in Israel Raed Salah, Swedish novelist Henning Mankell, and a number of parliamentarians from European and Arab national legislatures and the European Parliament.[63]

Events leading up to the raid

Route of the flotilla

Israel declared that the flotilla was "about to break international law"; with one of the flotilla's organisers, Greta Berlin, saying "[w]e have the right to sail from international waters into the waters of Gaza,". An Israeli spokesman countered, announcing that the convoy would not be permitted to reach Gaza but would be redirected by force to the port of Ashdod, where "large tents and other facilities had been set up at the port to receive the activists, so that either Israel or humanitarian agencies could deliver them to Gaza overland."[64] Israeli officials also said that all non-banned cargo would be transferred to Gaza after undergoing a security inspection, which would mean not allowing some of the activisit's supplies, such as concrete and cement through.[65] Foreigners would be deported or, if they did not willingly agree to be deported, detained.[6] The flotilla organisers rejected Israel's offer, saying that Israelis would not let the reconstruction aid into Gaza,[31] and further "This mission is not about delivering humanitarian supplies, it's about breaking Israel's siege on 1.5 million Palestinians...[66][67][34] We want to raise international awareness about the prison-like closure of Gaza and pressure the international community to review its sanctions policy and end its support for continued Israeli occupation."[31] Some supporters of the flotilla announced on 28 March: "A violent response from Israel will breathe new life into the Palestine solidarity movement, drawing attention to the blockade."[68][69]

Prior to the flotilla's launch, some of the activists who would later die during the MV Mavi Marmara clash declared that they dreamt of martyrdom, according to Israeli media accounts. Ali Khaider Benginin told his family before leaving, "I am going to be a shahid; I dreamt I will become a shahid – I saw in a dream that I will be killed." Fellow activist Ali Akhbar Iritilmis "was devoted to this activity, and always dreamt about becoming a shahid," according to a close friend.[70] On 29 May, Aljazeera broadcast footage of some activists on the MV Mavi Marmara participating in a chant invoking battle against Jews.[71]

Six of the eight ships in the flotilla set out on 30 May 2010 from international waters off the coast of Cyprus;[6] the remaining two were delayed by mechanical problems and did not join the rest of the flotilla.[61] The government of Cyprus refused to cooperate with the Free Gaza Movement, or allow activists to sail from its harbors, with the Cyprus Police stating that "anything related to the trip to Gaza is not permitted", and as a result remaining MPs and activists embarked instead from Famagusta in the de facto Turkish Republic of Northern Cyprus (recognised only by Turkey).[72][73]

Having been delayed by two days, the flotilla aimed to reach Gaza on the afternoon of 31 May.[6] The Israeli Navy made initial contact with the flotilla at 11 p.m. (23:00) on 30 May, 200 kilometres (120 mi) northwest of Gaza, 64 kilometres (40 mi) off the coast of Israel in international waters, ordering the ships to follow them to port or otherwise be boarded.[74][75]

The Israeli navy contacted the captain of the Mavi Marmara, asking him to identify himself and say where the ship was headed. Shortly after, two Israeli naval vessels flanked the flotilla on either side, but at a distance, and an Israeli aircraft flew overhead.[76]

Israel Navy: "Mavi Marmara, you are approaching an area of hostilities which is under a naval blockade. The Gaza area coastal region and Gaza harbor are closed to all maritime traffic. The Israeli government supports delivery of humanitarian supplies to the civilian population in the Gaza Strip, and invites you to enter the Ashdod port. Delivery of the supplies in accordance with the authorities' regulations will be through the formal land crossings and under your observation, after which you can return to your home ports aboard the vessels on which you arrived."
Response: "Negative, negative. Our destination is Gaza, our destination is Gaza."[77]

Boarding

The flotilla had planned to break through the Gaza blockade, ignoring Israel's proposal for the activists to dock in Ashdod port and transfer the cargo through there.[6] After the flotilla activists ignored repeated calls to turn themselves in, Israeli soldiers from the Shayetet 13 unit boarded the ships at around 04:00 IST[78] with firearms, and reportedly, paintball guns [6][76] while in international waters 64 kilometres (40 mi) out to sea.[74][79]

Mavi Marmara boarding

The MV Mavi Marmara

The boarding of the Mavi Marmara resulted in violent clashes between activists and Israeli soldiers, though the details are disputed. According to the IDF, activists responded to the boarding with violence, and soldiers fired in response.[80]

The Israeli military released 20 videos of the incident,[81] which according to it shows the first soldier being attacked while boarding, and thrown to the lower deck; at least one incident in which a stun grenade and fire bomb was thrown at the soldiers; and activists beating one of the soldiers and trying to kidnap him.[82] According to Major Avital Leibovich of the IDF Spokesperson's Unit, the activists attacked the soldiers with knives, slingshots, spikes, and clubs, and with pistols that were seized from Israeli commandos.[83][84][85] Adam Shapiro, a board member of the Free Gaza Movement, said that according to the Al Jazeera correspondents on the ship, the soldiers started opening fire immediately as they came down the ropes.[86] A spokesperson for the Free Gaza Movement said in response that the activists were "not going to pose any violent resistance."[74] According to Al Jazeera's journalist Jamal Elshayyal, on board the ship, live fire was heard after a white flag had been raised.[76] The IDF seized all communication and photo-video equipment onboard the flotilla and therefore the only photos and videos available are the grainy and highly edited videos (without GPS coordinates & time-stamps) released by the Israelis.

Israeli military's account

File:Activistboatclash.jpg
Snapshot of footage from the boat taken and published by IDF[87] Source: IMFA

According to the Israeli military, Israeli commandos said they were prepared to encounter political activists seeking to hold a protest, and were armed with paintball guns and handguns as sidearms.[88][89] The soldiers orders were to verbally convince activists to give up, and if not successful, use non-lethal force to commandeer the ship. The commandos were instructed not to use the sidearms except in an emergency, when their lives were at risk.[17]

The Israeli military reported that the commandos were immediately attacked after descending from helicopters onto the deck of the ship. Soldiers were reportedly beaten badly, one was stabbed, and one was thrown to a lower deck 30 feet (9.1 m) below.[90] Two Israeli commandos had their guns wrested away. An Israeli commando said that there was live fire at some point against them from below deck.[91] Stun grenades and tear gas were used in an attempt to disperse activists. After this proved ineffective, the commandos requested and received permission to use live ammunition against resisting activists. The commandos then shot activists in the legs, which forced them to disperse. The commandos reached the bridge and took over the ship after 30 minutes.[92][93][94] Some fighting can be seen in videos released by the Israeli military and Free Gaza activists.

Flotilla organizers' and activists' accounts

Organizers of the convoy have denied the account of Israeli military. Arafat Shoukri, of the Free Gaza Movement (FGM), one the co-organizers of the flotilla convoy, said those on board one ship had called them by telephone to say that Israeli helicopters had arrived.[95] He said that from that moment on, he had witnessed shootings, and afterwards people on board shouted 'We are raising the white flag, stop shooting at us'.[95] He dismissed Israel's claims of activists having pistols and other weapons as "cheap propaganda".[95]

According to Mavi Marmara activists and personnel, Israel initially opened fire with warning shots but when the ship didn't stop the attack began. Activists said that sound and smoke bombs were used and then IDF commandos surrounded the ship and boarded from helicopters and from the sea. In contrast with the Israeli account, activists say that Israelis did fire on the boat before boarding, though they said that the use of force was non-lethal at that point. Activists on board agree that there was resistance but say it was not organized; rather the Israeli helicopters, ships and gunfire "created the atmosphere that people wanted to defend themselves."[96] Activists say that the Israeli commandos used electric shocks on those who tried to form a human ring on the bridge.[97] The wife of the Mavi Marmara captain, Nilüfer Ören, stated that IDF began tracking them after 90 miles (140 km), there were 40 ships surrounding the convoy and the announcement was made while the commandos were boarding from helicopters at 04:45 am. She also said that sound bomb and smoke bombs were used. Therefore activists and crewmembers used gasmasks.[98]

Norman Paech, a former member of the German parliament [[[Left Party (Germany)|Left Party]] who was aboard the Marmara said he only saw three activists resisting. "They had no knives, no axes, only sticks that they used to defend themselves," he told reporters. But he said he could "not rule out" that others used weapons somewhere else on the boat.[99] [100] Another eyewitness says that the Israelis smashed her face against the ground and stepped on it; later they cuffed her and put a bag over her head.[101]

Kutlu Tiryaki, a captain of another vessel in the flotilla, said that the passengers did not have weapons at all, but only came to bring humanitarian help in a peaceful manner. [102]

Due to a communications blackout after the attack, it was originally difficult to get accounts from activists on board. Newly released activists are beginning to make statements to the press.[95][97][103] Activist Huwaida Arraf reported that once onboard the Challenger One, Israeli troops seized all communication equipment, cameras and memory cards from activists.[104]

Journalist's account

Ron Ben-Yishai, a veteran war correspondent for Yedioth Ahronoth aboard the Victory, an Israeli missile ship, witnessed the events. He says the army planned to land a team on the top deck and rush the bridge and take control. He reports that that the assessment was that the passengers would show "light resistance and possibly minor violence". He says the soldiers were told to confront protesters verbally, use crowd control tactics and use firearms only to save their own lives.

Yet as the first troops rappelled down, one by one, "the unexpected occurred. The passengers... pulled out bats, clubs and slingshots with glass marbles, assaulting each soldier as he disembarked." He corroborates the army accounts: soldiers landing on deck are outnumbered and set upon. One protester using a club is wearing a gas mask. Videos released by the Israeli military show the catapults, marbles, metal rods and a knife they recovered.

Ben-Yishai mentions the bizarre use by the soldiers of paintball guns, probably filled with irritants. He says these were not effective. The commandos were not able to rush the bridge as planned and another helicopter sent a second troop. At this point about 30 activists were confronting about 30 troops on deck. The reporter states that the protesters "attempted to wrest away [the soldiers'] weapons". They got hold of one handgun, he says, when one soldier (seen on video) was thrown from the upper deck on to the lower.

(The BBC reports an update: "This soldier has now identifed himself as the second man onto the deck and the unit commander. Speaking from a hospital bed, he said he had fired his gun at an activist who came at him with a knife but was subsequently stabbed in the stomach anyway. After being thrown onto a lower deck he and another soldier jumped into the sea to escape. He did not mention his pistol being taken from him. He also said the troops expected only passive and verbal resistance.")

The soldiers, who had started to use stun grenades, then asked for permission to use their firearms, which they then received.[105][106]

Other boardings

Although Israeli sources say that the other five ships were boarded and taken over peacefullly, [107] and that the only incidents took place in the Mavi Marmara, there were multiple reports that several people from the other ships were also wounded.[108] Activists from the Sfendoni and the Free Mediterranean reported that Israeli troops used tear gas, rubber bullets, and electrical shock against activists on board.[79]

Sfendoni

Retired diplomat Ed Peck, who was on board the Sfendoni, said that the commandos were well-trained, and behaved reasonably well.[109] The soldiers scuffled with a few activists trying to bar their access to the wheelhouse, but there were no major injuries, Peck said.[109] Paul Larudee, a 64-year-old former linguistics professor from El Cerrito, California onboard the Sfendoni, was beaten and tased according to information provided to his family by the US Consul General and his lawyers; his family has reported that Israeli consular officials informed them that Larudee, a pacifist, was beaten after refusing to follow the orders of troops.[110][111]

Challenger One

The Challenger One accelerated its course in an attempt to allow journalists onboard to broadcast their photos of the ongoing raid.[112] Huwaida Arraf, an American activist who was on the Challenger One reported that Israeli soldiers attacked those who tried to block them from taking over the vessel with kicks, tasers, and concussion grenades.[109] First mate Shane Dillon reported that Israeli troops used stun guns and paintball guns to subdue activists on board, broke the nose of a Belgian woman among them, and beat another passenger.[112] Australian photojournalist Kate Geraghty was attacked and tasered by Israeli troops aboard the Challenger One, while attempting to photograph the raid.[112]

Investigation for on-board weapons

File:Weapons on Marmaris.jpg
Israel Defense Forces (IDF) says these knives, sticks, and various tools were recovered from the Mavi Marmara. Source: IDF

A statement released by the Foreign Affairs Minister of Israel said that violence against the soldiers was pre-planned, and that "light weaponry" was found on the ships, including pistols that would have been seized from IDF commandos. Israel stated that the naval forces "found weapons prepared in advance and used against our forces."[113][114] IDF photos displayed knives, metal and wooden poles, flares, wrenches and slingshots with marble projectiles said to have been used against the soldiers.[115] The activists were said to have also lobbed stun grenades at IDF soldiers, and the IDF furnished video reflecting this.[116] The IDF later reported that its searches of the ship uncovered a cache of bulletproof vests, night-vision goggles, and gas masks.[117]

An activist denied the Israeli allegations about firearms, saying that it would have been impossible to have them on board because "all the boats were carefully inspected by the government before they left the port of departure."[118] Turkish officials supported the activists' denials, stating that every passenger that had left Turkey had been searched with X-ray machines and metal detectors before boarding. Senior officials in the Customs Undersecretariat called the Israeli statements tantamount to "complete nonsense".[119] A close-up picture of the picture at the right right of kitchen knives set lay out by IDF on green material with Arabic writing was presented to readers of Jerusalem Post as: The array of equipment found on board the ships that made up the Gaza aid flotilla was as divergent as the flotilla’s stated aims. [120]

A senior Norwegian officer stated after watching the released pictures that "This is not military equipment", and with the exception of some of the blades and the large number of wooden handles, that most of the tools and kitchen knives would normally belong on a ship.[121]

Fate of participants

Following the boardings, Israeli naval forces towed the flotilla's vessels to Ashdod, from where the activists are to be deported.[74] Israel said humanitarian aid confiscated from the ships would be transferred to Gaza, but that it would not transfer banned items such as cement.[6]

At least 32 activists who had been aboard the ships were arrested and incarcerated by the Israel Prisons Service, after they refused to sign deportation orders, including two who were wounded but refused hospital treatment.[122] According to two activists who had returned home, Israel confiscated all their belongings such as mobile phones, laptops, cameras, personal effects and their personal belongings including clothes. They were only allowed to keep papers.[97] Irish Minister for Foreign Affairs Micheál Martin described the arrests as "kidnapping" and questioned the logic of bringing the detainees to Israel only to deport them there, instead of giving them "unconditional release".[123]

As of 1 June, Israel was detaining 480 activists captured in the raid at a prison in Ashdod.[124] Reacting to intensifying international criticism of the raid, Israeli officials announced that all 680 activists held would be released, including two dozen Israel had threatened earlier to prosecute charging they had assaulted its troops.[125]

On 1 June, survivors of the Israeli assault on the flotilla returned to Greece and Turkey, where they provided the first eyewitness accounts.[97] One of them, a Turkish mother whose one-year-old child was on board with her, had agreed to extradition from Israel after she was warned that the prison was "too harsh" for her baby. In the prison – another activist described – they were not allowed to contact lawyers, nor were they allowed to "go to the toilet, eat or drink water" and were videotaped throughout.[97]

As of 1 June 2010, Israel planned to deport all of the detained flotilla passengers within 48 hours of their arrival into Israel.[24]

There have been accusations of the use of violence against detained activists while in Israeli conducted interrogations. One activist clamed that "[d]uring their interrogation, many of them [activists] were badly beaten in front of us," and that "[t]here was great mistreatment after our arrest." [126] While at the Ben Gurion International Airport on their way to their planes before being deported, several of the detained activists physically attacked the Israeli officials who escorted them by showing victory sign, but one detained woman gave the guard a slap in the face "ונתנה לי סטירה"[127]

Fate of cargo

The IDF has said the aid was all equipment that has been regularly allowed into Gaza and was not in shortage.[128] Accordingly, on 2 June 2010, some of the aid was loaded onto eight trucks and delivered to Gaza.[129] According to Israeli and Palestinian sources, as of 2 June 2010 Hamas refused to allow any of the humanitarian aid into Gaza until Israeli authorities released all flotilla detainees.[130][26]

Casualties

Activists

Nine activists were killed and dozens injured.[6] Seven people from Turkey were confirmed dead.[131][132][133][134][135] The Israeli military confirmed most of the dead were Turks. Members of the Turkish Red Crescent, the largest humanitarian organization in Turkey, traveled to Tel Aviv to assist in the return of the dead and wounded.[136] Israel has confirmed four being dead.[137] Among the dead is İbrahim Bilgen, a Turkish politician from the Felicity Party.

Israeli military

Israeli reports say that 10 soldiers were injured in the clash.[6][15] The Israeli military stated that two soldiers had sustained gunshot wounds, and one soldier sustained a serious head wound and lost consciousness after being tossed from an upper deck by the activists,[138] Israel released video interviews with those soldiers, while blurring their faces.

Reactions

Main article: Reactions to the Gaza flotilla raid

There were widespread strong international reactions, issued by national authorities, supranational bodies, and non-governmental organizations.Official responses varied from deep concern over the killings to strong condemnations of the Israeli action. The UN Security Council formally condemned "those acts which resulted in the loss of lives" and called for a prompt, impartial, credible and transparent investigation conforming to international standards.[139][140][141][142][143] Unofficial responses included widespread civilian protests of the Israeli action, following reports of the deaths.[144][145][146]

International law experts differ over the legality of the Israel action, with some saying that the raid is a violation of the Law of the Sea, while others maintain that Israel may legally board foreign vessels in international waters as part of a naval blockade. Both sides state that Israel is required by law to respond with only a proportional use of force in the face of violent resistance; whether the force used was proportional is disputed.[9][147] The issue of possible violation of international law was discussed at the UN security council. The United States blocked criticism of Israel for violating international law as proposed by Turkey, the Palestinians and Arab nations.[148]

Harvard Law Professor Alan Dershowitz says that the legality of blockades as a response to acts of war “is not subject to serious doubt.” He likened Israel’s maritime blockade of Gaza to United States naval actions in Cuba during the Cuban Missile Crisis. The U.S. State Department issued an opinion declaring the blockade of Cuba to be lawful even though Cuba had not engaged in any act of belligerence against the United States. Dershowitz further says that action taken in international waters is permissible if, “there is no doubt that the offending ships have made a firm determination to break the blockade.” As such, Dershowitz concluded that Israel did not violate international law when it boarded and took command of the ship.[149]

Mark Regev, spokesman for the Prime Minister of Israel, referring to the San Remo Manual on International Law Applicable to Armed Conflicts at Sea, said:

The San Remo memorandum states, specifically 67A, that if you have a boat that is charging a blockaded area you are allowed to intercept even prior to it reaching the blockaded area if you've warned them in advance, and that we did a number of times, and they had a stated goal which they openly expressed, of breaking the blockade. That blockade is in place to protect our people.[150][151]

"The Israeli blockade itself against Gaza itself is not illegal, and it's okay for Israeli ships to operate in international waters to enforce it," said Allen Weiner, former U.S. State Department attorney and legal counselor at the American Embassy in The Hague, and now a Stanford Law School professor.[152]

Professor Ruth Wedgwood, the Edward B. Burling Chair in International Law and Diplomacy at the School of Advanced International Studies at Johns Hopkins University, said that under the law of armed conflict, which would be in effect given Hamas's rocket attacks on Israel and Israel's responses, Israel has "a right to prevent even neutrals from shipping arms to [Hamas]," and that "the right of visit and search under the law of the sea, or under the law of armed conflict, can be conducted on the high seas".[153] Pointing out that the U.S. itself, as a neutral throughout most of the 1800s, submitted its ships to inspections on the high seas to allow belligerents to make sure that its cargoes weren't actually fueling any of the European wars, and the U.S. itself blockaded Cuba during the Cuban Missile Crisis, she also noted that in the wars in Yugoslavia, the U.N. itself, and NATO, through Operation Sharp Guard, imposed a blockade on shipments to Yugoslavia.[153] She opined that the goal of the flotilla was to: "denude Israel of what it thinks it was guaranteed in the 1993 Oslo Accords, which is the control of the external borders of Gaza and West Bank.... The problem ... is that you could easily have a rearming of Hamas, which caused a terrible conflict."[153]

According to Abbas Al Lawati, a Dubai-based Gulf News journalist on board the flotilla, Israel is likely to cite the Gaza–Jericho Agreement (Annex I, Article XI) which vests Israel with the responsibility for security along the coastline and the Sea of Gaza.[154] The agreement stipulates that Israel may take any measures necessary against vessels suspected of being used for terrorist activities or for smuggling arms, ammunition, drugs, goods, or for any other illegal activity.[155]

Tel Aviv University law professor Yoram Dinstein, author of The Laws of War at Sea, has written that "there are several instances of contemporary (post-UN Charter of the Law of the Seas) practices of blockades, e.g., in the Vietnam and in the Gulf War."[156]

Philip Roche, a partner in the shipping disputes and risk management team with the London-headquartered international law firm Norton Rose, said: "On the basis that Hamas is the ruling entity of Gaza, and Israel is in the midst of an armed struggle against that ruling entity, the blockade is legal."[157] The basis for that is the law of blockade, derived from international law that was codified in the 1909 London Declaration concerning the Laws of Naval War, and which was then updated in 1994 in the San Remo Manual on International Law Applicable to Armed Conflicts at Sea--"a legally recognized document".[158] Under the law of a blockade, a ship can be intercepted on the high seas as long as it is ship is bound for the blockaded territory.[159] As to the use of force when boarding a ship in such circumstances, it is legal but must be proportionate, according to Commander James Kraska, professor of international law at the U.S. Naval War College.[160] Proportional force does not mean that guns cannot be used by forces when being attacked with knives, but "there has got to be a relationship between the threat and response," said Kraska.[161] According to J. Peter Pham, a strategic adviser to U.S. and European goverments, "from what is known now, it appears that Israel acted within its legal rights".[162]

Richard Falk, professor emeritus of international law at Princeton University and U.N. Special Rapporteur on the situation of human rights in the occupied Palestinian territory said that the “ships were situated in the high seas where freedom of navigation exists, according to the law of the seas” and called for those responsible to "be held criminally accountable for their wrongful acts".[citation needed]

Former British Ambassador, who served a stint as head of the maritime office of the Foreign Office,[163] Craig Murray explained that the raid was not an act of piracy, as the Israeli vessels carried a military commission, but said that it would be "an act of illegal warfare". According to Murray, the Law of the Sea rules that, when an incident takes place on a ship on the high seas the applicable law is that of the flag state of the ship on which the incident occurred, so the Turkish ship was Turkish territory. If the Israeli commandos were acting on behalf of the government of Israel in killing the activists on the ships, Israel would be in a position of war with Turkey, and the act would fall under international jurisdiction as a war crime. If, on the other hand, the killings were not authorised Israeli military action, they were acts of murder under Turkish jurisdiction and if Israel does not consider itself in a position of war with Turkey, then it must hand over the commandos involved for trial in Turkey under Turkish law.[164]

In a legal analysis published by the Frankfurter Allgemeine Zeitung, a staff expert on international law explained that countries are not allowed to extend their sovereignty on areas outside of their coastal waters. In a zone extending 24 nautical miles (44 km) from the coast, countries have the right to inspect ships in order to enforce immigration and public health laws and regulations. In international waters, if there is reasonable suspicion of piracy or human trafficking, a country has the right to access foreign ships. If the suspicion remains, it can search the ship. Israeli soldiers have the right to defend themselves. If Israel has used force against the ships without legal justification, the crew members had the right to defend themselves.[165]

Robin Churchill, international law professor at the University of Dundee in Scotland, said there was no legal basis for boarding the ships as they were in international waters. [166] Ove Bring, Swedish international law professor, said that Israel had no right to take military action.[167] That was supported by Mark Klamberg at Stockholm University.[168] Canadian scholar Michael Byers notes that the event would only be legal if the Israeli boarding were necessary and proportionate for the country's self defence. Byers believes that "the action does not appear to have been necessary in that the threat was not imminent."[169] Jason Alderwick, a maritime analyst at the International Institute for Strategic Studies of London, was quoted as saying that the Israeli raid did not appear to have been conducted lawfully under the convention.[170] Anthony D'Amato, international law professor at Northwestern University School of Law, argued that the San Remo Manual on International Law Applicable to Armed Conflicts at Sea applies to a situation in which the laws of war between states are in force. He said the laws of war do not apply in the conflict between Israel and Hamas, which isn't even a state. He said the law of the Geneva Conventions would apply.[9] Said Mahmoudi, an international law professor, said that boarding a ship on international waters, kill and capture civilians is not in line with the law.[171]

A group of Israeli lawyers, including Avigdor Feldman, petitioned the Israeli High Court charging that Israel had violated the United Nations Convention on the Law of the Sea by capturing the boats in international waters. [172]

Turkey's foreign minister Ahmet Davutoğlu called the raid "a grave breach of international law and constituted banditry and piracy—it was “murder” conducted by a State, without justification".[19] Prominent Turkish jurists have characterized Israel's actions as a violation of international law and a "war crime."

Turkey's deputy parliament speaker, Guldal Mumcu, said in a declaration that "[t]his attack was an open violation of United Nations rules and international law," and that "Turkey should seek justice against Israel through national and international legal authorities. The parliament expects the Turkish government to revise the political, military and economic relations with Israel, and to take effective measures."[173]

Dr. Turgut Tarhanlı of the University of Istanbul cited the concept of innocent passage, under which vessels are granted safe passage through territorial waters in a manner which is not "prejudicial to the peace, good order or the security" of the state.[174] Dr. Turgut Tarhanlı, Dean of the Law department of İstanbul Bilgi University,[175] said that

the Convention on the Law of the Sea stipulates that a coastal state may consider intervention if a ship is engaged in arms and drug smuggling, the slave trade or terrorist activities. However, the case with the aid boats is totally different. They set sail in accordance with the Customs Act and are known to be carrying humanitarian aid, not weapons or ammunition. According to the Convention on the Law of the Sea, Israel was not entitled to launch a military operation against the boats and activists.[176]

With regard to the Gaza–Jericho Agreement, Diana Buttu, a Palestinian-Canadian lawyer, professor, and former spokesperson with the Palestine Liberation Organization, said that Israel declared the Oslo Accords dead in 2001, and actually breached the agreements, so that a call to the applicability of the Gaza-Jericho Agreement is not plausible.[154]

José María Ruiz Soroa, a Spanish expert in Admiralty law and co-author of the legal commentary "Manual de derecho de la navegación marítima",[177] said that Israel is not entitled according to International Law to constrain the freedom of navigation of any ship on the high seas, except in a number of situations that do not apply to the Gaza flotilla case. Blockade is not a valid reason as it is a concept only applicable to war situations. He also mentioned that Israel's action is a breach of the UN International Maritime Organization Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA),[178] which was signed by Israel in April 2009. According to the article 6.1 of the SUA, the jurisdiction over the offences that a ship might have committed lays in the State whose flag the ship is flying (in this situation, Turkey).[179]

Aftermath

Egypt opened its Rafah Border Crossing with the Gaza Strip to allow humanitarian and medical aid to enter following international criticism of the raid and a call for the border to be opened by Hamas's leader Khaled Meshaal.[180] It is not clear how long it will remain open.[180] According to an Egyptian security source, construction materials such as concrete and steel are still required to be transported via Israel's border crossings.[180]

As of 2 June 2010 Israel had decided to release over 600 of the detained activists.[181]

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  163. ^ Hainey, Raymond (31 December 2005). "Memos 'Prove Evidence used from Uzbek Secret Police'". Scotsman news online. Retrieved 18 July 2008.
  164. ^ Eva Smagacz (31 May 2010). "Turkish jurisdiction". mondoweiss.com. Retrieved 2 June 2010.
  165. ^ Müller, Reinhard (2 June 2010). "Auf Hoher See darf kein Zwang ausgeübt werden". Frankfurter Allgemeine Zeitung. Retrieved 2 June 2010. Den Staaten ist es völkerrechtlich nicht erlaubt, die Hohe See ihrer Souveränität zu unterstellen. [...] In der sogenannten Anschlusszone, deren Grenze 24 Seemeilen von der eigenen Küste verläuft, haben die Staaten noch Kontrollrechte – vor allem, um ihren Einreise- und Gesundheitsvorschriften Geltung zu verschaffen. [...] Es gibt auch ein Recht, fremde Schiffe zu betreten. Das setzt aber etwa voraus, dass ein begründeter Verdacht der Seeräuberei oder des Sklavenhandels besteht – oder dass vermutet werden muss, dass das fremde Schiff keine Staatszugehörigkeit besitzt. ... Nicht in Zweifel steht, dass sich israelische Soldaten gegen Angriffe zur Wehr setzen dürfen. Hat Israel allerdings ohne rechtlichen Grund Gewalt gegen die Schiffe eingesetzt, so durften sich deren Besatzungsmitglieder zur Wehr setzen. Translation: "Countries are not allowed by international laws to extend their sovereignty on international waters. ... In an area that is being called the contiguous zone, which extends 24 nautical miles (44 km) from the coast of the country, states have the right to inspection – especially to ensure the application of immigration and public health laws and regulations. [...] There also exists a right to access foreign ships. This, however, presupposes that there is a well-founded suspicion of piracy or human trafficking – or that it must be suspected that the foreign ship is not registered in any country. ... There is no doubt that Israeli soldiers have the right to defend themselves against attacks. If Israel has used force against the ships without legal justification, however, the members of the crew had the right to defend themselves."
  166. ^ Teibel, Amy (31 May 2010). "Israeli police say 16 Gaza activists sent to jail". Associated Press. {{cite news}}: Unknown parameter |coauthor= ignored (|author= suggested) (help)
  167. ^ Blogg. "SvD: "Israel har inte rätt ingripa militärt"" (in Template:Sv icon). Svd.se. Retrieved 1 June 2010. {{cite web}}: Text "Resebloggen" ignored (help)CS1 maint: unrecognized language (link)
  168. ^ "Dagens Juridik: Experter överens om Israel". Dagensjuridik.se. Retrieved 1 June 2010.
  169. ^ Martin, Patrick (1 June 2010). "Was seizing the flotilla legal?". Globe and Mail.
  170. ^ How the flotilla bound for Gaza Strip sailed into death at sea. The Times, UK. 1 June 2010
  171. ^ DN: Folkrättsprofessorn: Israel har brutit mot internationell rätt
  172. ^ Izenberg, Dan (31 May 2010). "Israeli lawyers: Raid violates int'l law, Prosecution charges that Israel engaged in acts of piracy". Jerusalem Post.
  173. ^ "Israel to deport remaining Gaza flotilla activists". The Guardian. Guardian News and Media. Associated Press. 2 June 2010. Retrieved 2 June 2010.
  174. ^ "Jurists: Israeli flotilla assault violation of international law". Zaman. 1 June 2010.
  175. ^ Technical Assistance for Better Access to Justice – Turkey (‘BAJ’) – EuropeAid/123555/D/SER/TR
  176. ^ "Jurists: Israeli flotilla assault violation of international law". Todayszaman.com. Retrieved 2 June 2010.
  177. ^ "MANUAL DE DERECHO DE LA NAVEGACION MARITIMA (3ª ED.): en su libreria Casa del Libro". Casadellibro.com. Retrieved 3 June 2010.
  178. ^ "Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation". admiraltylawguide.com. Retrieved 2 June 2010.
  179. ^ "Un ilícito internacional". El País (in Spanish). Retrieved 2 June 2010. La actuación de las Fuerzas Armadas israelíes al tomar por la fuerza el control de buques mercantes de otra bandera en alta mar [..] y al causar la muerte violenta a varios de sus tripulantes, viola patentemente el Derecho Internacional [..]. Ningún Estado puede arrogarse facultades para restringir la libertad de circulación de cualquier buque por ese ámbito, ni menos ejercer la fuerza contra buques mercantes de otra bandera salvo en los contados casos en que lo autoriza el propio Derecho Internacional (piratería, trata de esclavos, sospechas de falsa bandera, etcétera). Y no cabe recurrir a la noción de zona o puerto bloqueado, propia del Derecho Marítimo de Guerra, cuando no existe tal guerra. [..] [..] se acordó en 1988 [..] el Convenio Internacional para la Supresión de Actos ilícitos contra la Seguridad de la Navegación Marítima (SUA) que [..] tipifica como delito el apoderarse por la fuerza de un buque o de su control, o el realizar actos de violencia contra las personas embarcadas, por cualquier motivo que se efectúe, sea privado o público, económico o terrorista. [..] el Estado israelí ratificó hace muy poco este Convenio (entró en vigor para él en abril de 2009) [..] El artículo 6.1 del SUA establece la jurisdicción obligatoria para sancionar los actos ilícitos en cuestión del país cuya bandera enarbola el buque en el cual o contra el cual se ha realizado el acto de fuerza.
    Translation: The actions committed by the Israeli Armed Forces when seizing foreign-flagged ships on international waters (...) and when causing the death of some of its passengers, do clearly violate the International Law (...) No State whatsoever can arrogate faculties for restricting the freedom of movement of any ship on international waters, much less for storming foreign-flagged ships, exception made of the few exceptions authorized by the International Law (piracy, slave trade, suspicions of fake identifications, etc.). Thus, it is not legitimate to resort to the Maritime War Law concepts of a blocked zone or blocked port, when such a war is inexistent (...) In 1988 it was agreed (...) the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA) that (...) typifies as a crime taking control of a ship by force, or exerting violence over shipped persons, for whatever private or public reason, for whatever economic or terrorist interests. (...) Israel recently ratified this Convention (it entered into force for Israel on April 2009) (...) SUA Article 6.1 establishes as the forceful jurisdiction for sanctioning the illicit actions the same country whose flag carries the ship on which or against which the forceful action has been taken
  180. ^ a b c Alastair Macdonald (1 June 2010). "Egypt opens Gaza border after Israel ship clash". Reuters. Retrieved 1 June 2010.
  181. ^ Sherwood, Harriett (2 June 2010). "Gaza flotilla deaths: pressure builds on Israel for full inquiry". Retrieved 2 June 2010.
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