Elder Of Ziyon - Israel News

Tuesday, June 01, 2010

More on international law /blockades

Richard (I believe it is Richard Landes from the Augean Stables blog) points out more parts of the San Remo Manual on International Law Applicable to Armed Conflicts at Sea that seem relevant, and that show that Israel has complied with international law to the letter.

Paragraph 47 lists ships that are exempt from attack. Presuambly, the flotilla organizers consider themselves to fit under sub-paragraph (c)(ii):

(c) vessels granted safe conduct by agreement between the belligerent parties including:

(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;

The flotilla does not meet the minimum requirement because it was not granted permission by the other party of the blockade, Israel.

Even if it had been, the next paragraph mentions a major exception:

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

In addition, such actions in international waters are legal:

96. "The force maintaining the blockade may be stationed at a distance determined by military requirements."

More relevant sections:

98. "Merchant vessels believed on reasonable grounds to be breaching a blockade may be captured. Merchant vessels which, after prior warning, clearly resist capture may be attacked."

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, subject to: (a) the right to prescribe the technical arrangements, including search, under which such passage is permitted; and (b) the condition that the distribution of such supplies shall be made under the local supervision of a Protecting Power or a humanitarian organization which offers guarantees of impartiality, such as the International Committee of the Red Cross."

Israel does all of these things. Last week, Israel delivered more cement to Gaza than the flotilla wanted to provide - but Israel gave the cement to UNRWA under strict conditions and ensuring that they are used only for the purposes they are earmarked for.

Also, see Julian Ku, about the absurd claims of "piracy":

Let’s go to the U.N. Convention on the Law of the Sea, Article 101:

Piracy consists of any of the following acts:

(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:

(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;

(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

(emphasis added). I don’t think even the Gaza flotilla defenders claim that the IDF raid was “committed for private ends.” (Just the opposite, actually). And, in general, piracy cannot be committed by a national ship, only by private ships or by national ships that have been taken over by their crews.

So can we drop the stupid piracy meme? There are some very hard legal issues here: Is Israel’s naval blockade legal? (Probably). If so, was the boarding in international waters legal? (Maybe). And even if so, did the IDF use disproportionate force? (I have no idea). This last question is really the key issue here, and it is also the one that is never going to be resolved with any certainty given that it is dependent on neutral factual determinations that will never happen here.

Turkey banned IHH from doing earthquake relief

Even Turkey understands how the IHH is a jihadist organization masquerading as humanitarian.

From the Danish Institute for International Studies report I quoted yesterday:

Organizations such as IHH are quick to respond to natural disasters and other human catastrophes. Unfortunately, these groups often seek to use these situations to gain leverage with destitute Muslim refugees. In August 1999, when a devastating earthquake struck Turkey, IHH reached the affected zones, in some cases, even before the Turkish government. Friction quickly grew between authorities tasked with relief and independent Islamist “humanitarian” groups. Ultimately, Turkey was forced to ban the IHH from participating in earthquake aid efforts because it was counted among several “fundamentalist organizations” operating “secret bank accounts” that were refusing to allow local authorities to oversee the distribution of their aid resources.60

This is besides IHH's known involvement in gun smuggling and recruiting mujahadeen that the paper describes.

Videos doing well on YouTube

The first video I posted yesterday of the "humanitarian workers" attacking Israeli soldiers with clubs has received over 22,000 views.

The second video showing the Israeli soldier being stabbed is up to 63,000 views.

"Soldiers didn't shoot for 40 minutes"

The Hebrew Channel 2 news site interviews a number of soldiers who were dropped onto the Turkish ship. Among the details is that it took 40 minutes before they finally were given permission to open fire.

"We went down with our bare hands and met passengers with glass bottles and clubs," said one fighter squadron participated in the operation.

"We were lynched," testified one of the fighters in the hospital. "For every person that came down, three or four people beat him. They were all with metal batons, knives, glass bottles. At one point there was live fire."

"In fact I got there last," said a fighter squadron in an interview with Channel 2 News. "I saw the guys scattered on the deck surrounded each of them with about four people beating him."

"Trying to defend myself I probably broke my hand . All who got on board had no weapons in hand, but their bare hands," explained the soldier. "We came to work things out, but they came for war - the gun was absolutely our last resort."

One of the "peace activists"

Commenter Jed points out an Al Watan article on what appears to be the only Syrian aboard the flotilla, a woman named Shatha Barakat.

Her husband Ayman describes how he was born in Gaza and she wanted to use the flotilla as an opportunity to visit his family home. She was also working on a drama about the life of terrorist leader Sheikh Yassin.

Ayman was worried for his wife in Israeli hands. "She is not the conciliatory type. She is a tough woman from Syria, and she cherished a dream of striking a blow against Israel."

"What was Israel thinking?"

Stephen Walt, of Walt/Mearsheimer fame, unsurprisingly uses the commando raid on a terrorist-aligned ship as more ammunition to sever the US/Israeli alliance.

Notwithstanding his factual errors (saying that enforcing a legal blockade in international waters is illegal, for example) he asks a basic question that has not been adequately answered yet by the Israeli government:

My first question when I heard the news was: "What could Israel's leaders have been thinking?" How could they possibly believe that a deadly assault against a humanitarian mission in international waters would play to their advantage?

Notwithstanding his inflammatory spin (it was obviously not intended to be a deadly assault, the deaths are directly attributable to deadly force being employed by the "humanitarian mission," and it was not a humanitarian mission to begin with but a political one) the basic question remains. And the question makes sense - if you assume that PR is the uppermost consideration for Israelis.

However, this was not a PR game. This decision to enforce a blockade on Hamas is essential and lifesaving.

Back in 2002, Israel intercepted the Karine A ship filled with weapons meant for Palestinian Arab terrorists. At the time Israel still had troops on the ground in Gaza, but the way that the weapons were going to be smuggled was through small inflatable canisters released by Egyptian and perhaps Lebanese "fishing boats."

In other words, the sea is the best way to smuggle in large quantities of arms meant to destroy or terrorize Israel.

This was not the only time that Iran attempted to smuggle weapons to Hamas or Hezbollah by sea. An Iranian arms ship was destroyed, probably by Israel, off the coast of Sudan last year.

In early 2009, the Cypriot navy intercepted an arms shipment from Iran meant for Hamas.

And late last year, in an event that the world has forgotten with astonishing speed, the Francop vessel filled 500 tons of weapons meant for Hezbollah, disguised as civilian cargo, was intercepted.

In other words, the Israeli blockade is the only way to prevent Iran or Syria from illegally shipping in mass quantities of the next generation of weapons to Hamas.

This is not about PR - it is about a real need for defense. The "humanitarian aid" workers will say publicly when asked that they believe that Hamas has the absolute right to acquire whatever weapons it desires - and to use them.

The Francop episode also underlines how easy it is to hide weaponry as innocent commercial goods.

From a public relations perspective, Israel was doomed at the start, something that the flotilla organizers gloated about. The decision to stop any direct shipping lanes from the world to Hamas is not a PR decision but a sound defense decision, one that must be upheld in order to save lives.

The priority of the world should be how to get a terrorist group out of power in Gaza so that a blockade is not necessary. Somehow, that is no longer a priority for anyone except Israel.

As soon as Israel allows Hamas to have its own independent means moving goods in and out of Gaza, Gaza turns into the same heavily armed Iranian satellite state that southern Lebanon has turned into - under the noses of thousands of UNIFIL observers.

Sorry, but Israel is not going to outsource its defense given what happened to Lebanon. PR is important, but stopping Iran from establishing a beachhead in Gaza to surround Israel from the north and the south is a bit more important.

It just so happens that a slow-moving commercial vessel filled with cement and consumer goods, headed towards a place whose government extols suicide terror as the ultimate goal, is the best delivery mechanism for an Iranian atomic bomb.

(h/t J. E. Dyer)

A response to the critics (Danny Gordis)

Danny Gordis, who wrote a book I reviewed favorably, sums up the events of the past 36 hours:

An old high school friend, who’s taken great exception to a couple of my most recent Jerusalem Post columns, has been telling me of late on my Facebook page how out of touch with American Jewry I am. He let loose again today. Here’s what he had to say:

Hey Danny….yet again a misguided Israeli political and military mission with regard to Gaza that American Jewry will be asked to stand by and support. All over the news Israel will be referred to as “the Jewish State” as worldwide condemnation will pour in. As a Jew I will be on the defensive despite the fact that I have no vote and no say in whatever the politicians in Israel decide. Again, you will no doubt ask for solidarity by Jewish folk worldwide and we will answer for Israeli decision-making. I love Israel as my religious base, but the policies do not reflect my peace loving values. I support Israel with bonds and donations and visits, but the thriving American Jewish experience is independent of it.

OK, there’s a lot there, and most of it I won’t respond to now. But this is one of those moments when I don’t think we have the luxury of writing a column over days, printing it out and editing it, sleeping on it and editing it again. Too much is happening, and people are too hurting and too confused for something not to be said.

To be sure, there’s much more that we don’t know than we do. We’ll learn a lot in the days and weeks to come. But we do know that this was a tragic day and an excruciatingly painful one in Israel. At the fruit market, and at the dry cleaners, I asked people working there how they were, and all I got was a sigh. And then, “Yom kasheh. A tough day. They’re going to eat us alive.”

They will, indeed, eat us alive. It’s taken a full day for the Israeli government to say anything coherent at all, riots are breaking out in Israeli Arab towns, Israelis in Istanbul have been warned by the Foreign Ministry not to leave their hotel rooms, and the international community is raining down condemnation.

But I jump to conclusions very different than those of my high school friend, and I responded to him in language very close to this:

David – we couldn’t disagree more strongly. Israel’s actions were “misguided”? Let’s take that first. Were there tragic outcomes? Obviously. But “misguided”? Gaza is under the malicious and cynical rule of a terror organization sworn on Israel’s destruction, that is holding an Israeli soldier captive in contravention of all international treaties, and that oppresses its own population while even Palestinian witnesses there acknowledge that there is no food shortage. Given Hamas’ military objectives, Israel would be crazy not to check what’s going in. But Israel had already pledged to pass on any humanitarian goods after they were inspected, and told the boats the same thing. So, no, I don’t think that the idea of stopping the boats was misguided.

What we know is that on five of the ships, the commandos (among them friends of our kids, by the way) boarded the boats, and there was no resistance and no fighting.

On one boat, however, the first soldiers to land on the boat were attacked with metal rods and knives. There’s video of it. It’s playing all over Israeli and all over the internet. In some cases, soldiers’ weapons were stolen and used against them. One was stabbed, apparently in the abdomen. Another was tossed from a desk and trampled when he landed. There were a handful of commandos there, and 600 “peace activists.” On Israeli news tonight, the soldiers on helicopters taking them to the hospital were interviewed. They descended the ropes, they said, planning to talk the “activists” into going to Ashdod. Their weapons were not in their hands, but strapped to their backs. “We went into war,” one in his 30’s said bitterly tonight, “and all we had were toys.” They were beaten, trampled, shot (yes, there were bullet injuries) but only after forty minutes of combat did they resort to live five. They were going to get lynched if they didn’t fight back, they said.

Was I there? No. Do I know what really happened? No. But do I trust these kids and their officers? Yes, I do.

As for “peace activists,” David, how much do you know about the IHH? It’s a terror support group, supported by Turkey (among others) and it was ent to provoke. If they just wanted the goods to get to Gaza, they could have agreed to transfer them to an Israeli ship, or to unload them in Ashdod, as the Navy personnel asked them to. But they didn’t want that. They just wanted to break the blockade. Why? For food? Even a few Palestinian journalists with some guts are reporting that there’s no humanitarian food crisis in Gaza. No, it wasn’t about food. They want the blockade broken so that after that, non-humanitarian items (read weapons) could brought in. Why should Israel allow that? So that they can be better armed the next time we have to send our kids into Gaza?

As for “being on the defensive,” you “will be on the defensive” only because you totally don’t get it. For if you did get it, you wouldn’t feel that way. There’s only one country anywhere on the planet about which there’s a conversation about whether it has a right to exist. Do you ever think about why that is? What, the fate of the Palestinians is worse than that of aborigines in Australia? Or people in the Congo, or Rwanda? Why all the attention on Israel? Do you really not get it? You think that New Zealand just coincidentally decided this week to make kosher slaughtering illegal? You think it’s really about humanitarian commitments? Come on.

No, David, you really don’t have to defend Israel. No one’s asking you to. We know that it’s too late to expect many Americans like you to assume we’re right before you assume we’re wrong. As we look out at Jews across the world, we’re just assessing who gets Jewish history, and who’s so thoroughly intellectually assimilated that they’re actually embarrassed that that Jews don’t have to continue to be victims. I’m horrified by what happened on the ship, and I’ll be shocked if after all is in, we find that Israel made no mistakes. (This was pretty clearly an intelligence failure, at the very minimum, sending those soldiers into something for which they had not at all been prepared or armed.) But if that had been my kid on the ship, and he’d gone in to prevent the blockade from being broken, but had no intention of fighting, and had then been attacked, I’d want him to defend himself. No matter what. I’d want him to come home whole, because that’s part of the new Jewish reality that this country is supposed to make possible.

The loss of life is tragic. So are the injuries to soldiers, including serious head wounds. But most tragic of all is that the world is so willing to be blinded to what’s really going on here.

At the end of this excruciating day in Israel, at least given what I know at this moment, I’m saddened but not apologetic. I’m not surprised by most of the world’s reactions. But I haven’t lost sight of who provoked this, and why they did that. But you’re a very smart guy. Why have you?

Video of weapons found aboard terror ship

From the IDF:

The iron bars, Molotov cocktail and dagger are especially interesting.

No doubt the anti-Israel terror-supporting "peace" activists would say that most of the knives are ordinary kitchen knives. Yet we have seen them used against people.

UPDATE: A reader sends me in audio, played on Israel Army radio today, of Israel's radio warnings and the terror flotilla's responses. I have not verified it.

"Jihad, Jihad, Jihad"

Free Gaza lies caused the deaths

There is an important facet of the events of last night that has not been emphasized.

The IDF soldiers went on board the ship with the expectation that they would be met with "non-violent resistance." The reason that they had those expectations was because the flotilla organizers made very clear that this is what they planned to do - as they said, "The only resistance that there might be would be passive resistance such as physically blocking the steering room, or blocking the engine room downstairs, so that they couldn't get taken over. But that was just symbolic resistance."

Because the IDF foolishly believed them, they dropped onto the Turkish ship armed with just riot-dispersal paint guns, plus personal handguns as a last resort.

And they fell into a well-planned ambush.

It is still unclear how many people were killed - the initial reports of 16 seem to have exaggerated, another likely Free Gaza lie - but the IDF had zero interest in killing anybody. The IDF only opened fire after first suffering from merciless, life threatening beatings and asking permission from their commanders.

At least some of the flotilla organizers, on the other hand, made clear that they wanted to become "martyrs."

The bottom line is, if the IDF had known that they were meeting with a mob of violent, crazy, suicidal Islamists, they would have prepared better for it and there would have been less loss of life. But since the Free Gaza and other sponsors of the ships made very public statements about their "peaceful" intentions, the IDF was ill-prepared for the confrontation and things went awry.

I do not know if Free Gaza knew that the Turkish Islamist ship would do what it did. Clearly they are supporting the violence after the fact. However, the FG mission was never a peace mission and was never an aid mission - it was meant to grab headlines, nothing more. The Turkish IHH mission, on the other hand, was military.

Tikkun Magazine wants to say Kaddish for terrorists

A stomach-turning article from Tikkun Magazine, which wants to say Kaddish for violent Islamists:

We regret and deplore the killings which took place as Israeli troops, in defiance of international law, boarded and assaulted, wounded many and killed some of the participants in a flotilla seeking to break the Israeli blockade of Gaza (itself a morally outrageous policy) to bring humanitarian aid. We ask all people of peace to dedicate at least fifteen minutes today (Memorial day in the US) to silent memorial for those peace activists who have been killed (and we call upon all synagogues around the world to say Kaddish for those people at their Shabbat services this coming weekend), and for prayer for the speedy recovery of all those wounded in this attack (mostly peace activists, but also the Israeli soldiers who boarded the boats with violence). We invite all peace-loving people to attend a public memorial for those who died in this assault in Lafayette Park opposite the White House on Sunday, June 13, at 11 a.m-2 p.m., sponsored by Tikkun, the Network of Spiritual Progressives, and many other groups, and which will include a larger consideration of U.S. policies. Memorial prayers and prayers for healing will be said at 1 p.m.

Somehow, I am not surprised that the peace-loving people of Tikkun cannot find a way to condemn the "peace activists" beatings of IDF commandos with chains and iron rods, throwing them over railings, stabbing them, calling for a repeat of Mohammed's massacre of Jews at Khaybar. No, those facts just mess up the Tikkun meme of righteous Muslims and evil Jews (except for Tikkun-style anti-Israel Jews, of course.)

Meanwhile, David Hazony writes

A good friend of mine is a nurse who was on duty in the emergency room at a Jerusalem hospital when some of the injured “activists” were brought in. She tells me that many of them are wearing camouflage. “Not sure they were official Turkish army clothes,” she says, “but they weren’t civilian dress, that’s for sure.”

The idiots at Tikkun don't want to believe the crystal-clear facts that it was an ambush - a pre-planned military operation, done by their "peace activists."

They want to say Kaddish for people who tried to massacre Jews.

Gazan drowns himself "to help the flotilla"

Firas Press reports that a Gazan citizen, upon hearing of the events of last night, threw himself into the Mediterranean in an attempt to help out the brave peace activists.

Of course, the boats were a bit further away than swimming distance, and he drowned.

Even the commenters in the Arabic-language forum are laughing at this guy, saying that it was obviously a suicide that he tried to mask as martyrdom.

Yet somehow I think that he will be listed as a victim of "Israeli aggression" on some NGO list....

On the day before the Gaza flotilla confronted the Israeli navy, Al-Jazeera TV documented the pre-battle atmosphere created by men on board the flotilla, who chanted a well-known Islamic battle cry invoking the killing and defeat of Jews in battle:

"[Remember] Khaibar, Khaibar, oh Jews! The army of Muhammad will return!"

Khaibar is the name of the last Jewish village defeated by Muhammad's army in 628. Many Jews were killed in that battle, which marked the end of Jewish presence in Arabia. There are Muslims who see that as a precursor to future wars against Jews. At gatherings and rallies of extremists, this chant is often heard as a threat to Jews to expect to be defeated and killed again by Muslims.

Al-Jazeera also interviewed a woman who said that the flotilla participants' goal was "one of two happy endings: either Martyrdom or reaching Gaza."

h/t Guest