International Law and the Israeli raid of the humanitarian ships

[naomiglover]

The Israeli well-oiled propaganda machine is in full gear with the help of the agreeable mainstream media and the apologists who are running rampant on this message board.

Lets look at what the rule book really says:

Part III: Basic Rules and Target Discrimination

Section 1: Basic Rules

39. Parties to the conflict shall at all times distinguish between civilians or other protected persons and combatants and between civilian or exempt objects and military objectives.

41. Attacks shall be limited strictly to military objectives. Merchant vessels and civil aircraft are civilian objects unless they are military objectives in accordance with the principles and rules set forth in this document.

42. In addition to any specific prohibitions binding upon the parties to a conflict, it is forbidden to employ methods or means of warfare which:

(a) are of a nature to cause superfluous injury or unnecessary suffering; or

(B ) are indiscriminate, in that:

(i) they are not, or cannot be, directed against a specific military objective; or

(ii) their effects cannot be limited as required by international law as reflected in this document.

SECTION II : PRECAUTIONS IN ATTACK

46. 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;

© they shall furthermore take all feasible precautions in the choice of methods and means in order to avoid or minimize collateral casualties or damage; and

(d) an attack shall not be launched if it may be expected to cause collateral casualties or damage which world be excessive in relation to the concrete and direct military advantage anticipated from the attack as a whole; an attack shall be cancelled or suspended as soon as it becomes apparent that the collateral casualties or damage would be excessive.

SECTION III : ENEMY VESSELS AND AIRCRAFT EXEMPT FROM ATTACK

Classes 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;

48. Vessels listed in paragraph 47 are exempt from attack only if they:

(a) are innocently employed in their normal role;

(B ) submit to identification and inspection when required; and

© do not intentionally hamper the movement of combatants and obey orders to stop or move out of the way when required.

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;

© 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.

69. The mere fact that a neutral merchant vessel is armed provides no grounds for attacking it.

SECTION II : METHODS OF WARFARE

Blockade

102. The declaration or establishment of a blockade is prohibited if:

(a) it has the sole purpose of starving the civilian population or denying it other objects essential for its survival; or

(B ) the damage to the civilian population is, or may be expected to be, excessive in relation to the concrete and direct military advantage anticipated from the blockade.

103. If the civilian population of the blockaded territory is inadequately provided with food and other objects essential for its survival, the blockading party must provide for free passage of such foodstuffs and other essential supplies…

The bottom line is that the legality of the blockade - which has, by the admission of the Israeli government itself, the purpose of “put[ting[ the Gazans on a diet”, is in fact illegal under these laws because it is designed specifically to cause collective suffering throughout the entire populace. That renders Israel’s interception of the humanitarian aid ships illegal. Additionally, Israel is not letting supplies through freely after inspection. It is in fact seizing those supplies and letting the vast majority of them rot, for the express purpose of enabling the continued starvation which the blockade is meant to enforce.

Israel’s raid on those ships was illegal. But don’t take my word for it. Read here:

http://www.icrc.org/ihl.nsf/385ec082b509e76c41256739003e636d/7694fe2016f347e1c125641f002d49ce

Edited June 4, 2010 by naomiglover

[bush_cheney2004]

The "rule book" means nothing without enforcement. International "law" is funny that way, a tool for the most powerful. Have you hugged your Security Council today?

[Army Guy]

All i read across the media is Starving Palistinians, my question is this how can one be starving and then make the top 10 in obesity for men and women in the world....can someone explain this to me...

My linkbarenakedislam.wordpress.com

My linkwww.israeltoday.co.il/default.

Edited June 7, 2010 by Army Guy

[Argus]

The Israeli well-oiled propaganda machine

Blah blah blah blah blah

How many I-HATE-ISRAEL topics do you people need anyway?

Talk about propaganda campaigns...

[Oleg Bach]

All i read across the media is Starving Palistinians, my question is this how can one be starving and then make the top 10 in obesity for men and women in the world....can someone explain this to me...

My linkbarenakedislam.wordpress.com

My linkwww.israeltoday.co.il/default.

Welfare clients become obese eventually also -because they are so desperate they eat a lot of empty calories..you get fat but the brain shrinks--Israel on the other hand are over fed little pigs..and most do not like physical labour - wonder who is cleaning their toilets at present?

[M.Dancer]

and rescue operations;

48. Vessels listed in paragraph 47 are exempt from attack only if they:

(a) are innocently employed in their normal role;

(B ) submit to identification and inspection when required; and

© do not intentionally hamper the movement of combatants and obey orders to stop or move out of the way when required.

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;:

http://www.icrc.org/ihl.nsf/385ec082b509e76c41256739003e636d/7694fe2016f347e1c125641f002d49ce

By your own link you validate the israeli action.

Thanks

[naomiglover]

By your own link you validate the israeli action.

Thanks

The ships were in international waters and so most of your highlights do not qualify. They were not hampering the movement of combatants. Israel had no authority to inspect the vessels in international waters.

If you believe that Israel did nothing wrong when they attacked the ship in international waters, then I'm sure you would support an international inquiry into the incident, right?

[M.Dancer]

The ships were in international waters and so most of your highlights do not qualify. They were not hampering the movement of combatants. Israel had no authority to inspect the vessels in international waters.

If you believe that Israel did nothing wrong when they attacked the ship in international waters, then I'm sure you would support an international inquiry into the incident, right?

International waters are irrelevant...this misinformation has been corrected numerous times so you either spamming or you are an idiot.

By the right of blockade, Israel can inspect, detain or even sink any ship that is intending to run the blockade. Again this has been pointed out numerous times...so which is it, are you a spammer or an idiot?

Given your own link confirms Israel's legality, I think the answer is clear.

[bloodyminded]

All i read across the media is Starving Palistinians, my question is this how can one be starving and then make the top 10 in obesity for men and women in the world....can someone explain this to me...

My linkbarenakedislam.wordpress.com

My linkwww.israeltoday.co.il/default.

For someone who talks about "looking at both sides of the issues" and so on, it's interesting that you'd link us to an extreme right wing bigot site.

[Army Guy]

Don't like the site goggle has hundrds to pick from, find one to your liking and then attempt to answer the question....How does one become Obese when there is a severe lack of food in the city....women in gaza are rank the 3 rd fattest in the world....and men in Gaza are ranked number 9.....how is that possiable....

I guess perhaps to many meals at that 5 star eatery or maybe to much food at the pool....

[naomiglover]

Don't like the site goggle has hundrds to pick from, find one to your liking and then attempt to answer the question....How does one become Obese when there is a severe lack of food in the city....women in gaza are rank the 3 rd fattest in the world....and men in Gaza are ranked number 9.....how is that possiable....

Here is the problem with your information:

- The information is on West Bank and Gaza.

- The graph was published in 1999-2003. Well before the blockade on Gaza started.

I guess perhaps to many meals at that 5 star eatery or maybe to much food at the pool....

When was the web site made? I asked you before and you never answered. You continue to use the web site, which was copyrighted in 2008, before the Gaza attack.

There is also a video on the restaurant site which shows Mahmoud Abbas dining at it. When is the last time Mahmoud Abbas stepped into Gaza?

Army Guy:

Do you believe that World Health Organization, UNICEF and other humanitarian organizations are lying about the humanitarian crisis in Gaza? They are there in Gaza and have the numbers to back up their claims.

Do you think photos, videos and graphs (which have been shown to be from years ago) are proof that these organizations are lying?

It seems like you're trying hard to unconditionally justify Israel's actions and are doing nothing but spreading misinformation.

Edited June 9, 2010 by naomiglover

[ToadBrother]

It seems like you're trying hard to unconditionally justify Israel's actions and are doing nothing but spreading misinformation.

You still haven't told us when you plan to start your campaign to demand the return of Danzig to Germany.

[naomiglover]

You still haven't told us when you plan to start your campaign to demand the return of Danzig to Germany.

I have addressed it in another post.

Will wait for Army Guy to respond to my post.

[M.Dancer]

I have addressed it in another post.

Will wait for Army Guy to respond to my post.

Waiting for you to address the Kuril islands and los malvinas...

[August1991]

Do you believe that World Health Organization, UNICEF and other humanitarian organizations are lying about the humanitarian crisis in Gaza? They are there in Gaza and have the numbers to back up their claims.

Uh, yeah, they are lying about the situation in Gaza.

The UN and its various bodies have been taken over by radical anti-Israeli regimes. Libya sits on the UN Human Rights Panel.

But Naomi, you have still failed to explain why Egypt also enforces a so-called embargo of Gaza. After all, Gaza shares a land border with two countries, and not Israel alone.

-----

Lenin referred to "useful idiots" as left wing westerners who would support a Bolshevik revolution. You seem to fit the bill when it comes to the Palestinian cause. Before you get involved in foreign causes very distant from your own reality, I suggest you do some careful research and soul-searching. Imagine if someone living in Japan were to get involved in the dispute between federalists and sovereignists in Quebec, promoting one side passionately.

[Guest TrueMetis]

But Naomi, you have still failed to explain why Egypt also enforces a so-called embargo of Gaza. After all, Gaza shares a land border with two countries, and not Israel alone.

Eygpt is starting to end it's embargo.

My link

After three years of cooperating in the Israeli blockade of Gaza, Egypt said Monday that it will leave its border with the Palestinian territory open indefinitely for humanitarian aid and restricted travel.

[August1991]

I think "starting" is the key word there. And the qualifier of "humanatarian" aid. How is that defined?

====

The issue TrueMetis (and Naomi) is that Hamas wants to destroy Israel. They want to import weapons, rockets, etc ingto Gaza and launch them to kill any Israelis possible.

I posted this elsewhere but it seems relevant here.

You can blame it on an "honor culture" if you want but I think the explanation is simpler. There is no negotiation with Hizballah and Hamas because they want to push Israel into the sea.

Perhaps you have heard of Maryam Farhat, who sits in the Palestine Legislature as a member of Hamas. Three of her six children were suicide bombers.

Here is what she said about peace and Israel (in December 2005):

Peace means the liberation of all of Palestine, from the (Jordan) to the (Mediterranean) Sea. When this is accomplished if they want peace, we will be ready. They may live under the banner of the Islamic state. That is the future of Palestine that we are striving towards.

Dream2, Egyptian TV

Here's what Hassan Nasrallah (head of Hizballah) said about Israel (in 2000, his views have not changed):

I am against any reconciliation with Israel. I do not even recognize the presence of a state that is called "Israel." I consider its presence both unjust and unlawful. That is why if Lebanon concludes a peace agreement with Israel and brings that accord to the Parliament our deputies will reject it; Hezbollah refuses any conciliation with Israel in principle.

Washington Post

There is no negotiation possible with people having such a viewpoint.

[Guest TrueMetis]

The issue TrueMetis (and Naomi) is that Hamas wants to destroy Israel. They want to import weapons, rockets, etc ingto Gaza and launch them to kill any Israelis possible.

Then they should go after Hamas. The problem with what they are doing now is that it 1) goes after the civilian population of Gaza, which is just going to piss off more people and cause more problems and 2) Hamas has plenty of ways of getting weapons that don't involve getting it by boat.

[Bonam]

UN organizations on human rights and the like have zero credibility. Consider for example:

Iran elected to UN Women's Rights Commission

[bud]

UN organizations on human rights and the like have zero credibility. Consider for example:

Iran elected to UN Women's Rights Commission

what about the other human rights organizations? have you looked at the goldstone report? what about that/

[Bonam]

what about the other human rights organizations? have you looked at the goldstone report? what about that/

The entire UN, except to some extent the security council, is stacked to the brim with third world interests, hatreds, and biases. It is an organization dominated by nations that have no respect for nor even interest in human rights and should first look to clean up their own houses before criticizing others.

[bud]

The entire UN, except to some extent the security council, is stacked to the brim with third world interests, hatreds, and biases. It is an organization dominated by nations that have no respect for nor even interest in human rights and should first look to clean up their own houses before criticizing others.

you are totally right. there is a lot of hatred and biases against israel. some of it could be argued to be legitimate, but that still is not enough to accept everything UN says as the truth.

even richard goldstone would not accept to head UN's inquiry into gaza because he saw the mandate to be biased and one-sided. this is why he only accepted to head the report after re-writing the mandate which included looking into alleged war crimes committed by hamas.

you didn't answer my question in regards to other human rights organizations. what do you think of what they have said in regards to israel and international law?

[Bonam]

you didn't answer my question in regards to other human rights organizations. what do you think of what they have said in regards to israel and international law?

That's an overly broad question, so I'll give you an answer to match: I'm sure some of their criticisms could be legitimate, and others are likely overstated or biased. Often even the legitimate criticisms are inappropriate because of the comparative silence in regards to many much more serious issues in the world. If these human rights organizations cared about human rights rather than a specific political agenda, Israel would most certainly not be the nation with the most UN resolutions against it.

[bud]

That's an overly broad question, so I'll give you an answer to match:

it's not a broad question.

i am specifically asking about the human rights organizations reports on israel's violations of international law.

I'm sure some of their criticisms could be legitimate, and others are likely overstated or biased. Often even the legitimate criticisms are inappropriate because of the comparative silence in regards to many much more serious issues in the world.

have you taken a look at amnesty international and human rights watch's reports on other parts of the world? because if you did, you would realize that your comment is not true.

If these human rights organizations cared about human rights rather than a specific political agenda, Israel would most certainly not be the nation with the most UN resolutions against it.

human rights organizations don't create UN resolutions.