The Israeli flotilla massacre has put the United States and its leaders in a tough position, for a variety of reasons. The entire world has united in condemnation of the incident in international waters, and in the larger view, the blockade of Gaza, an unacceptable, poorly crafted, and possibly illegal action taken by the Israelis to basically starve out 1.5 million people. American pols don’t want to talk about the blockade, but it sits at the crux of the entire matter.
Instead of the blockade succeeding in delivering collective punishment and turn the population against Hamas, the ruling entity in Gaza, the blockade has strengthened Hamas’ hand and caused needless suffering and international outrage.
There’s also the matter of the blockade having little basis in the law:
If the conflict between Israel and Hamas is an international armed conflict (IAC), there is no question that Israel has the right to blockade Gaza. (Which is not to say that the manner in which Israel is blockading Gaza is legal. That’s a different question.) The 1909 Declaration Concerning the Laws of Naval War (the London Declaration), the first international instrument to acknowledge the legality of blockades, specifically recognized the right of belligerents to blockade their enemy during time of war. Article 97 of the San Remo Manual does likewise. And there is certainly no shortage of state practice supporting the legitimacy of blockades during IAC (the US blockade of Cuba, for example).
But what justifies a blockade in non-international armed conflict (NIAC)? The London Declaration does not justify such a blockade, because it only applies to “war”– war being understood at the time as armed conflict between two states. Does the San Remo Manual justify it? The Manual is not a picture of clarity concerning when its rules apply, but it does not seem to contemplate non-international sea conflicts. Article 1 speaks of “the parties to an armed conflict at sea,” which does not seem to include NIAC, unless perhaps a rebel group has a navy [...]
There also appears to be little, if any, state practice to support the idea that a blockade is legally permissible in NIAC. According to the Jerusalem Post, the Israeli government is defending the blockade by citing Yoram Dinstein’s statement 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.” But those were all blockades in IAC. I can’t think of any blockades in NIAC other than Israel’s blockade of Gaza — though readers should feel free, of course, to correct me.
The seeming absence of support for blockades in NIAC is obviously important, because it is difficult to argue that Israel is involved in an IAC with Hamas. First, it is obviously not in a traditional IAC, because Gaza is not a state. Second, not even Israel claims that the conflict has been internationalized by the involvement of another state. And third, although the Israeli Supreme Court held — controversially — in the Targeted Killings case that armed conflict between an occupying power and a rebel group is international, Israel’s official position is that it not currently occupying Gaza.
There’s an obvious irony to the idea that Israel would have to declare Gaza a separate state to legally justify the blockade. Essentially they want to have it both ways.
The Israeli Prime Minister claims that the blockade prevents missile attacks, and yet some of the items banned via blockade for international entry into Gaza include fruits and spices. Unless the “nutmeg bomb” is a big worry, we actually have a case of economic apartheid, and again it only helps Hamas, rather than hurts them. Netanyahu gives up the game here:
He said the flotilla was seeking to flout the blockade, not to bring aid to Gaza.
“If the blockade had been broken, it would have been followed buy dozens, hundreds of boats,” he added. “Each boat could carry dozens of missiles.”
That’s a tacit admission that the flotilla had no armaments on it.
Meanwhile, another humanitarian ship, the MV Rachel Corrie, is headed for Gaza as we speak. The United States has publicly stated that they don’t want to see the same response to the Corrie from the IDF. The President told the Prime Minister of Turkey that he would prefer “better ways to provide humanitarian assistance to the people of Gaza without undermining Israel’s security.”
International support for the blockade has collapsed. It does nothing for Israeli security, it does nothing to weaken Hamas, it does nothing but put a target on Israel’s back. Israel and Egypt have eased the blockade in reaction to the incident, but it needs to stop completely. Other nations which present the possibility of arms smuggling are not dealt with in this manner. There are other options. The blockade is untenable and cannot continue.




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Of course, the fact that it helps Hamas recommends it to Israeli hardliners, who have no interest in peace. They and Hamas are essentially allies.
By the way, look for the fear-mongering over Iran to increase.
Excellent.
This is rather like citing the rules of cricket to make a call in baseball. Israel is an occupying power. Just because it removed its troops from Gaza does not mean it gave up any of its control of the area as its repeated forays into Gaza and its bombings there show. The removal of settlements and the repositioning of troops was merely part of a larger apartheid strategy.
The blockade is a classic case of collective punishment. It is a war crime and a crime against humanity.
But that cannot be – because the Untermenschen aren’t human, you see.
There was a good discussion of this on The Newshour, including ways Israel could have examined the cargo without storming the ship. A good piece.
And what is the FDL reaction to “Fire Dog” Anthony Weiner wholeheartedly supporting the blockade and defending the massacre?
So attacking a NATO ally in international waters, murdering unarmed humanitarian aid workers, and taking American citizens prisoner is simply “a bad weekend.”
Does FDL really support this kind of callous disregard for human life?
Dayam… ET was right…!
Rachel Corrie was sabotaged by Israeli intelligence says report
A war crime in which the United States is complicit. Add it to the list. It’s incredible how little the blockade has been discussed in the American press, which found a way not to discuss it even during Israel’s attack on Gaza last year. The foreign press has been better, like this piece that touches on the reality for Gazans.I’d like to see Nancy Pelosi eat grass for dinner.
http://www.timesonline.co.uk/tol/news/world/middle_east/article5338014.ece
If it walks like a duck, quacks like a Duck.
Hamas claims they are a state, Israel justifies their blockade by claiming blockades are legal but that only works if you are at war.
So yes they are a State Israel just said so.
Either that or Israel just attacked a Turkish Ship with no provocation and thus declared war on NATO.
Attack one country you attack us all.
I am hoping not anymore.
they’re actually not an occupying power, they have no presence in Gaza. This is why they have virtually no legal justification for the blockade, actually.
It strikes me that the same argument that Wiener uses “once you start at that place, a boat that bows into the teeth of that blockade isn’t going to be viewed sympathetically” could have been used against the non-violent movements of Ghandi or MLK; if Indians knew that the Brits had guns and would use them against civil disobediance, then they should have expected that they would be victims, or had dogs, axe handles, fire hoses turned against them in the case of American Blacks. Essentailly a blame-the-victim argument. Does he really believe that Ghandi and MLK should not be viewed sympathetically? While it’s clear that some of the passangers on one boat resisted the assault (who can fault them for that?), other boats that were not resisting came under attack (boat that U.S. Ambassador was on).
Here is the international law pickle that Israel is in.
If the blockade is legal, that is tacit admission that Gaza is or is part of a sovereign state in a state of war.
But if Gaza is not a sovereign state or part of a sovereign state, then Israel is carrying out an occupation. And the Fourth Geneva Convention has rules for treatment of people in occupied territories. And prohibitions of certain actions. And dodging this is why Israel is going through the song and dance of “there are better ways to deliver humanitarian aid” (i.e. with Israel doing the delivery). But Israel has shown itself to be a bad faith actor in delivery of humanitarian aid to Gaza.
So Israel is depending on the US to shield it from international consequences of its violation of international law. But then, the effectiveness of international law is in the willingness of at least some strong nations to enforce it even when the protecting nation does not. Last case in point: Slobodan Milsovich and Radavan Karadich were being protected by Russia until the rest of the world insisted they be delivered to the Hague and war crimes trial. In contrast to George Bush and Dick Cheney, who are being protected by the US–and no other nations seem to be willing to invoke international law about their behavior.
Israel controls if they get food. Food is needed for life. He who can destroy a thing can control a thing.
Israel chooses not let more food in.
Israel is the occupying power. Or they are at war with a Sovereign State and are able to defeat them at any time.
Either way Israel has to make a choice now and commit all the way.
No more Enemy with Benefits waffling.
If those bulldozers weren’t an act of occupation, what does it take to be an occupying power?
Who could fault that hmm? The Nazi’s after the Warsaw Ghetto uprising? I’m sure Bibi would love the comparison.
There have been attempted or actual air and land blockades in very nearly ever NIAC that I know anything about. I can think of at least two examples of naval blockades during NIAC in the recent past.
The Sri Lankan government implemented an air and naval blockade against the Tamil Tigers. See http://en.wikipedia.org/wiki/Sea_Tigers/.
The Indonesians implemented an air and naval blockade against East Timor. Having trouble finding more than passing references, tho.
Anyone got any others?
I would hope so, too.
But I haven’t seen any action about it, or even any commentary at all.
That’s wrong, D-Day.
Under international law, militarized control of an area amounts to occupation. Here’s Human Rights Watch:
And your claim that Israel might be on safe legal ground were it the occupying power is bizarre. The occupation itself is illegal, and the blockade is a war crime.
forgot the link… http://www.hrw.org/en/news/2004/10/28/israel-disengagement-will-not-end-gaza-occupation
Sorry but that doesn’t wash. They have effective control. They have just decided that for Gaza they want to run their occupation by closing the population in a bantustan and blockading and attacking them from the outside as they decide. This is not a situation where they never exercised effective control of the area or withdrew and yielded up that control. That control, hence the occupation, has never ended.
Make some noise do a few Diaries
Today Joe Biden publicly supported Israel’s massacre.
Gaza flotilla raid: Joe Biden asks ‘So what’s the big deal here?’
Josh Nelson is upstairs!
Quinnipiac Poll Shows Extent to Which Question Wording Influences Outcomes
Free Gaza is saying Everyone Is NOT Released
But aren’t those cases of nominally internal territories in rebellion?
Is Israel asserting that Gaza is an internal territory?
~~EDITED IN MODERATION~~~ have this response from us. “We stand by Israel”
My president is no longer anyone I can admire in any way shape or form.
This was Palestinian land that was somehow deemed the promised land of the tribe of Israel. By what right, by what words did they take this land. They have no right to it.
They always play the guilt inducing genocide card, do you know how many people the Russians killed in one year alone, in one country?(Ukraine) Answer-7,000,000..In One Year.
I am not anti Semitic, but I am anti Zionist, their agenda poisons our country. And Mr. Wiener can kiss my ass. I am sick to death of listening to the bullshit emanating from the mouths of these people.
~~~ModNote: Needlessly Inflammatory content is prohibited.~~~
Seems like if IDF was capable of immobilizing the Rachel Corrie, then they may also have been capable of immobilizing the other ships in the flotilla as well. That’s interesting. It opens up the possibility that the IDF chose not to immobilize the other ships. If it turns out that the IDF chose to let the other ships proceed, then that’s not very different from saying the IDF chose to have the confrontation, where it could have chosen to avoid it.
Way to bring some reason to this mess…
We don’t need more gasoline.
Ya think…? ;-)
Yeah, let’s just speculate wildly, and pretend we are being rational.
Got straitjacket?
What a CF.
This is not a legal trial. That is not our standard of process or proof. Citizens forming opinions and judging the actions of nations is the only thing that keeps the world from falling apart. Even with imperfect information we must grapple and judge. Avoiding judgement for too long is a definition of madness:
– Col. Kurtz, Apocalypse Now
It’s judgement that defeats a lot of things.
Oh shirt…! Razor, you of all individuals, saying ‘let’s just speculate wildly’… Hmmm was commenting about my #7 link…! Take a gander…!
More from Weiner in support of the attack:
I don’t know quite how to parse the phrase “repeal these attacks” – there’s no sense I can make of it. Perhaps a typo and the statement was “repeat these attacks”? Good God, I hope not. There’s also the possibility that the statement was “repel these attacks,” but then that essentially has Weiner condemning delivering food to the starving as attacks on Israel. Either one is nauseating.
*sigh* Indubitably, Dood…! ;-)
Charles Davis is upstairs!
Dear Israel: Better Propaganda, Please
Engineers work from the logic of the situation and the characteristics of the materials to find solutions and new approaches. So do good lawyers. Exactly how long do you intend to put off your evaluation of the information in this situation? How soon will others receive your permission to begin thinking?
At the political leadership level, I’d like to begin to see more criticism differentiate between Israel on one hand and the right wing hardliner leadership largely responsible for the critical events on the other. Making this distinction allows criticism by our own leaders to be better understood without coming across as being “against Israel”.
Americans got fed up with our own right wing war hawks leading our country and flushed them out (or so we thought). I don’t see any reason that Israeli people can’t shift towards a less overtly aggressive, more competent leadership that will take real steps to de-escalate the conflict. International pressure should openly support Israel but clearly target individuals and their policy actions to encourage Israelis to change from the bottom up.
I was responding to the assertion in the quoted article that there aren’t any recent examples of naval blockades in NIACs; I provided two. While the Tamil Tigers rebellion was clearly internal, the East Timor situation was murkier. East Timor declared independence from Portugal separately from Indonesia’s declaration of independence from (IIRC) the Dutch. Indonesia invaded and annexed it.
*heh* I assume you’re suited up in yer nomex-kevlar body suit and fully buckled in…? Yee-haw…! ;-)
what exactly was inflammatory
Don’t think so. I saw that report earlier today about the sabotage. The wild speculation was the rest of her comment.
At minimum, until I know what actually happened, and until I have a competent grasp of all the international laws involved. Not as satisfying as making a snap judgmeent that bolsters my pre-existing prejudices, but I’ll feel much better about it because accuracy matters to me.
Parse butchery?
http://windowintopalestine.blogspot.com/2010/05/message-from-cynthia-mckinney-people-of.html
I should have voted for her like I was going to, but was so worried about the alternative I voted for Mr. Smooth Calumnies, big mistake.
Then you’ll never know what actually happened, you realize? Your premise that all will come out and become clear is not borne out by past life experience. Do you plan to personally research the laws? If not, you’re at the mercy of the same inherent indeterminacy there as well. This is not a court of law, one can’t run life that way.
Yes the Likudniks and their constituents – conservative Russian emigres, ultra-orthodox Haredi, settlers in the territories – are destroying their country just like their right wing counterparts in the US.
A large number of Israelis have left in the past 10-15 years, probably the more liberal ones.
Thers is upstairs!
Late Night: When You’re Shallower & More Vicious Than Sally Quinn, Wow…
Just an idle question or so and a thought. Do you think Islam was spread by the sword or by the dove? If the Islamic world was alied with the Nazis(which it was) in WWII, does that make the Arabs conplicit in the Holocaust? If land can be owned, who owned the US before the Europeans got here, and what happened to them? Oh, and who are ‘these people’? Here in the US that phraseology is considered racist. See how easy it is to call anyone a racist or suggest racism. Ignoring the facts makes it easy to throw rocks. Just a few questions and a thought. Peace be with you.
The primary reason for the blockade of Gaza is its past belligerency, conducted by terrorism. Lift the blockade and arms, rockets will flow into Gaza to be used against Israeli cities and towns.
The UN, Ban Ki Moon, is not held accountable in media for its neglect in not assuring the safety of supplies that would enter Gaza. Indeed, how many nations within the Muslim dominated UN could be relied upon for such assurance?
Israel’s propaganda machine is very poor compared with the Arabs’. In fact, the heavily accented voices of Israel’s spokespeople prompt me to ask why they cannot find better English-speakers to represent them. They don’t seem to care.
Israel’s reactions to long periods of terrorist attacks come all at once in a deluge of fury. This was the case with the invasion of Lebanon (reacting to Hisbollah terrorism) to the Gaza attack (reacting to Hamas terrorism). A point is reached where a dam of rage is released by the IDF, and then the world takes notice and complains. Otherwise, the world and UN remain oblivious.
You have a selectively sensitive stomach. I would deny food to an enemy population, as the Gaza Arabs are to Israel, if I could not be sure whether the food was seasoned with weapons. See if your delicate stomach can hold that. If not, have a good puke!
Let’s see now. Oh, that’s right you mentioned the Ukrainians. Now those guys are really a charming lot of butchers. Facts: Ukranians are the sworn, historic enemy of the Jews. Let me quote from the Wikipedia about the Ukraine today: “Interregional Academy of Personnel Management singled out MAUP when it stated the Ukrainian-based organization “is one of the most persistent anti-Semitic institutions in Eastern Europe” 4-26-2010. The Ukrainians helped the Nazis round up the Jews in Eastern Europe and participated in their execution (check out the photos taken by the Nazis of the death pits in the Ukraine with the Ukrainians happily shooting unarmed men, women, and children), and last but not least the Ukraninians were some of the most brutal concentration camp guards the Nazis had. Aren’t facts pesky things. However, you might want to get your fact ducks in line before you ask us to have pity or sympathy for the Ukrainians: truly a group of genocidal killers. The true pity is that the Russians might have missed a few too many. Once again have a nice day and peace be with you.