Gaza flotilla raid: Difference between revisions

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Template:Campaignbox Arab-Israeli conflict

The Gaza flotilla raid occurred on 31 May 2010 in the international waters of the Mediterranean Sea, when Israeli naval forces seized a flotilla of six ships carrying international activists, known as the "Gaza Freedom Flotilla".^[3] The activists were planning to break the Israeli blockade of Gaza and deliver humanitarian supplies. According to Israeli sources, their forces boarded the flotilla after it had refused to change its course to the port of Ashdod, where the Israeli government had said it would inspect the aid and deliver non-banned items to Gaza.^[4]

Between ten and sixteen activists aboard the Comoros-flagged ^[5] MV Mavi Marmara were reportedly killed by Israeli soldiers when clashes broke out on the ship.^[6][7][8] Up to 60 activists and 10 Israeli Defense Forces (IDF) soldiers were wounded in the clash.^{[2][6][7][8][9]} International reaction has varied from strong criticism of Israel to deep regret for the loss of life and requests for inquiries, with the United Nations Security Council condemning "those acts which resulted in the loss of at least 10 civilians and many wounded" and calling for "a prompt, impartial, credible and transparent investigation conforming to international standards".^[10] In response, Israeli Prime Minister Netanyahu called the incident "a clear case of self-defense".^[11]

Israel said it would release all 620 people detained and deport them back to their countries.^[12] The equipment found on the ships seized by the Israelis has been unloaded at the Ashdod Port to be inspected before the Israeli government will allow some of it into Gaza through land.^[13] The UN Security Council called for "the immediate release of the ships as well as the civilians held by Israel".^[10]

The "Gaza Freedom Flotilla", eight ships sailing under the maritime flags of, respectively, Comoros, Greece, Ireland, Kiribati, Turkey, and the United States,^[14][15] was organized to ship humanitarian aid, including food, medicine, and building materials such as cement, to the Gaza Strip. Israel has a naval blockade of the Gaza Strip and classifies cement as a "banned material". Israel bars cement and other building materials from reaching Gaza, saying that they will be used to make smuggling tunnels. However, organizers say that building materials are necessary to rebuild the infrastructure of Gaza that was seriously damaged in the 2008–2009 war.^[16]

The ships were owned or chartered by a number of non-governmental organizations, including the Free Gaza Movement (FGM), the Turkish Foundation for Human Rights and Freedom and Humanitarian Relief (İHH) and the Greek Boat for Gaza.^[17]

It was the ninth time that the FGM 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.^[18] The latest flotilla was the largest to date, carrying 10,000 tons of humanitarian aid and supplies with a value of $20 million.^[19] It also carried journalists, European parliamentarians, intellectuals, and 700 pro-Palestinian activists, including the Northern Irish Nobel Peace Prize laureate Mairead Corrigan Maguire,^[2] and the head of the Israeli Islamic Movement in Israel Raed Salah.^[20] Many of those aboard were Turkish citizens,^[21] though the flotilla also included activists from many countries. All the countries that participated, as well as the number of participants, as declared by Israel's Interior Ministry (after their capture and pending their deportation) are as follows:^[22]

Israeli spokesmen had announced that the flotilla would not be permitted to reach Gaza but would be redirected to the port of Ashdod, where "large tents and other facilities had been set up at the port to receive the activists."^[23] Israeli officials also said that all non-banned cargo would be transferred to Gaza after undergoing a security inspection.^[24] Foreigners would be deported or, if they did not willingly agree to be deported, detained.^[2] Activists aboard the ships repeatedly stated they would not respond with violence to the navy's interception of their flotilla prior to the boarding.^[25] An Egyptian offer was also made to transfer humanitarian aid to the people of Gaza, but the organizers rejected it.^[26]

The US-flagged Challenger 1 is operated by the Free Gaza Movement.^[27]

The Eleftheri Mesogeios (Eλεύθερη Mεσόγειος, Free Mediterranean)^[28] is a Greek-flagged cargo vessel and the Sfendoni (Σφενδόνη, Slingshot)^[28] is a Greek-flagged passenger vessel operated by the Greek Boat for 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.^[29][30]

The Mavi Marmara ("Blue Marmara") is a Comoros-flagged passenger ship,^[31][32] which was formerly owned and operated by Istanbul Fast Ferries Co. Inc., in the Sea of Marmara.^[33] It was purchased especially for the trip to Gaza by the Foundation for Human Rights and Freedom and Humanitarian Relief (İHH), a Turkish Islamic charity, as no shipowner was willing to risk its vessel on the journey.^[21][34] 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.^[35] It carried 581 activists, around 400 of whom were Turkish.^[36]

The Gazze ("Gaza") is a Turkish-flagged cargo vessel owned and operated by the Turkish Islamic charity IHH.^[37] Its cargo consisted of 2,104 tons of cement, 600 tons of construction steel, and 50 tons of tiles.^[19] It also carried 13 Turkish crew members and 5 activists.^[37] It left Antalya on 22 May to rendezvous with the flotilla, along with the Mavi Marmara and Defne Y.^[35]

The Kiribati-flagged Defne Y ("Laurel Y") is a cargo ship owned and operated by the Turkish Islamic charity IHH.^[38] 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.^[38] There were 23 crew and 7 activists on board.^[37] It left Antalya on 22 May to rendezvous with the flotilla heading to Gaza, along with the Mavi Marmara and Gazze.^[35]

The Cambodia-flagged Rachel Corrie, named after 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.^[39] The vessel is a former merchant ship owned and operated by the Free Gaza Movement.^[40] Irish Prime Minister Brian Cowen called on Israel to allow its passage.^[41]

The US-flagged Challenger II, a Free Gaza Movement ship, was also unable to join the rest of the flotilla due to mechanical problems.^[27] It is currently undergoing repairs in Nicosia, Cyprus.^[42]

Six of the eight ships in the flotilla set out on 30 May 2010 from international waters off the coast of Cyprus;^[2] the remaining two were delayed by mechanical problems and did not join the rest of the flotilla.^[42] 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".^[43] The flotilla sailed after two days of delays, aiming to reach Gaza on the afternoon of 31 May.^[2] 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.^[21][44]

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.^[45]

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." ^[46]

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.^[2] After the flotilla activists ignored repeated calls to turn back, Israeli soldiers from the Shayetet 13 unit boarded the ships at around 04:00 IST^[47] with paintball guns and handguns^[2][45] while in international waters 64 kilometres (40 mi) out to sea.^[21] There are no confirmed reports of live gunfire onboard the other five vessels. Activists on two ships, the Sfendoni and the Free Mediterranean, report being subdued with violence.^[48]

The boarding of the Mavi Marmara resulted in violent clashes between activists and Israeli soldiers, though the details of events are disputed. According to the Israeli Defense Force, activists responded to the boarding with violence, and soldiers were forced to fire in self-defense.^[49] The Israeli military released video footage of the incident, which according to them 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. while others are beating the soldiers with a pole.^[50] 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.^[51][52][53] Adam Shapiro, a board member of the Free Gaza Movement, said that the soldiers started opening fire immediately as they came down the ropes.^[54] A spokesperson for the Free Gaza Movement said in response that the activists were committed not to pose any violent resistance. "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."^[21] According to Al Jazeera's journalist Jamal Elshayyal, on board the ship, a white surrender flag was raised from the ship and there was no live fire coming from the activists.^[45]

Israeli military's account

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.^[55][56] 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.^[57][58]

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 below.^[59] Two Israeli commandos had their guns wrested away. An Israeli commando said "There was live fire at some point against us ... They were shooting at us from below deck."^[60] 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, and advanced towards the bridge while firing at attacking activists. The commandos reached the bridge and took over the ship after 30 minutes.^[61][62][63] Some fighting can be seen in videos released by the Israeli military and Free Gaza activists.

Israel defended its actions, saying its soldiers were ambushed with knives and metal bars — as well as handguns wrested from the commandos ^[6][7]

Flotilla organizers' and activists' account

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 convey, said those on board one ship had called them by telephone to say that Israeli helicopters had arrived.^[64] "Then we started to hear screams, shouting, shooting everywhere," he said. "We heard some of them shouting 'We are raising the white flag, stop shooting at us'".^[64] He dismissed Israel's claims of activists having weapons on board as "cheap propaganda".^[64]

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. They stated that after boarding the IDF jammed communications and started shooting with live ammunition and tear gas even though they raised a white flag. They said that those on board defended themselves with wooden sticks and other items they could find on ship, while no one on board carried any weapons.^[65][66][67] According to the eyewitness account provided by some of the activists who had returned home, the Israeli commandos used electronic shocks on those who tried to form a human ring on the bridge.^[68] The wife of the Mavi Marmara captain, Nilüfer Ören, stated that IDF began tracking them after 90 miles, 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.^[69]

Due to a communications blackout after the attack, it was originally difficult to get accounts from activists on board, however newly released activists are beginning to make statements to the press.^[64][68][70]

Other boardings

Although the Israeli army has stated that the only incidents took place in Mavi Marmara, Spanish newspaper El País has reported that several people from the other ships were also wounded.^[71] Activists from the Sfendoni and the Free Mediterranean reported that Israeli troops used tear gas, rubber bullets, and electrical shock against activists on board.^[48]

A statement released by the Foreign Affairs Minister of Israel said that violence against the soldiers was pre-planned, and that several pistols and "light weaponry" were found on the ships. Explicitly Israel stated that the naval forces "found weapons prepared in advance and used against our forces"^[72][73]

In response, activists denied this saying that would be impossible because "all the boats were carefully inspected by the government before they left the port of departure."^[74] Video footage was reported to show slingshots and pipes found on the ship used against boarding Israeli soldiers.^[75] Turkish officials denied that weapons were on board, stating that every passenger had been searched with X-ray machines and metal detectors before boarding. Senior officials in the Customs Undersecretariat called the Israeli allegations tantamount to "complete nonsense".^[76]

Following the boardings, Israeli naval forces towed the flotilla's vessels to Ashdod, from where the activists are to be deported.^[21] Israel said humanitarian aid confiscated from the ships would be transferred to Gaza, but that it would not transfer banned items such as cement.^[2]

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.^[77] 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.^[68] 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".^[78]

Israel is detaining 480 activists captured in the raid at a prison in Ashdod. Forty-eight others will be expelled and sent back to their home countries via Ben Gurion International Airport.^[79]

On 1 June, survivors of the Israeli assault on the flotilla returned to Greece and Turkey, where they provided the first eyewitness accounts.^[68] One of them, a Turkish mother whose one-year-old child was on board with her, was sent away because the prison was described^{[by whom?]} as "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.^[68]

Full details as to the exact number of injuries and deaths were not immediately available, because Israel military censors blocked that information from the press.^[80][81][82]

There were four confirmed deaths:

There were reports that at least nine activists had been killed and dozens injured. Members of the Turkish Red Crescent, the largest humanitarian organization in Turkey, will travel to Tel Aviv to assist in the return of the dead and wounded. The Israeli military said most of the dead were Turks.^[84][85]

Israeli reports say that 10 soldiers were injured in the clash.^[2][9] 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,^[86] Israel released video interviews with those soldiers, while blurring their faces.

There were strong international reactions. Official responses varied from deep concern over the killings to strong condemnations. The UN Security Council formally condemned "those acts which resulted in the loss of lives".^{[87][88][89][90]} Many countries called for an international investigation. Unofficial responses included civilian protests of the Israeli action, following reports of the deaths.^[91][92][93]

Notable people onboard the flotilla included Nobel Peace Prize laureate Mairead Corrigan, former UN Assistant Secretary-General Denis Halliday^[41], Israeli-Arab member of Knesset Haneen Zoubi, leader of the northern branch of the Islamic Movement in Israel Raed Salah, and a number of parliamentarians from European and Arab national legislatures and the European Parliament.^[94]

Template:Otheruses-section

The Washington Post reported that:

international law experts differ over the legality of the Israel action, with some asserting that the raid constituted a clear cut violation of the Law of the Sea, while others maintain that Israel can board foreign vessels in international waters as part of a naval blockade in a time of armed conflict. But scholars on both sides of the debate agree that Israel is required by law to respond with the proportional use of force in the face of violent resistance.^[95]

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.^[96][97]

The non-binding^[98] San Remo memorandum (paragraph 60, chapter e) states that refusing an order to stop or actively resisting visit, search, or capture may render merchant vessels military objectives. Paragraph 47, chapter c, states that vessels engaged in humanitarian missions and carrying supplies indispensable to the survival of civilian population are exempt from attack, on condition they were operating based on "agreement between the belligerent parties", but the government of Israel has indicated that it had not agreed to the vessels breaking the blockade.^[97][99] Anthony D'Amato, a professor of international law at Northwestern University School of Law, argued that the document 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.^[95]

According to Abbas Al Lawati, a Dubai-based Gulf News journalist on board the flotilla, Israel is likely^[100] 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. 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.^[101]

Tel Aviv University law professor Yoram Dinstein 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."^[102]

Richard Falk, U.N. Special Rapporteur on the situation of human rights in the occupied Palestinian territory said that “Israel is guilty of shocking behavior by using deadly weapons against unarmed civilians on ships that 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".

Robin Churchill, a professor of international law at the University of Dundee in Scotland, said the Israeli commandos boarded the ship outside of Israel's territorial waters. "As far as I can see, there is no legal basis for boarding these ships," Churchill said.^[103] Ove Bring, Swedish professor of international law, said that Israel had no right to take military action.^[104] That was supported by Mark Klamberg at Stockholm University.^[105] Hugo Tiberg, professor in maritime law, stated that Israel had no right to attack the ships.^[106] 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."^[107] Jason Alderwick, a maritime analyst at the International Institute for Strategic Studies of London, is quoted as saying that the Israeli raid did not appear to have been conducted lawfully under the convention.^[108]

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. ^[109] In response to the petition, Israel's legal team wrote that "the petition suffers from a fundamental distortion in the description of the events as they actually transpired in reality, to such a degree that it is unclear what relationship there is between it and the possibility of doing justice, as the petitioners claim to seek in their action."^[102]

Turkey's foreign minister called the raid "a grave breach of international law and constituted banditry and piracy — it was “murder” conducted by a State, without justification".^[10] Prominent Turkish jurists have characterized Israel's actions as a violation of international law and a "war crime." 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.^[110]

Dr. Turgut Tarhanlı, from the law department of İstanbul Bilgi University, said “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".^[111]

Following the raid, Egypt opened the border crossing between Egypt and the Gaza Strip, though it is not clear how long it will remain open.^[112]

As of June 1, 2010, Israel planned to deport the detained flotilla passengers within 48 hours of their arrival into Israel.^[12]

On June 2, 2010, some of the aid was loaded onto eight trucks and delivered to Gaza.^[113] The IDF has said the aid was all equipment that has been regularly allowed into Gaza and was not in shortage.^[114]

• Sol Phryne
• USS Liberty (AGTR-5)
• San Remo Manual on International Law Applicable to Armed Conflicts at Sea

Wikimedia Commons has media related to Gaza flotilla clash.

Wikinews has related news:

• Nineteen activists killed by Israeli commandos aboard aid convoy bound for Gaza

• "Gaza Freedom flotilla carried world-renowned names and veteran activists" – The Guardian (lists passengers)
• "Q&A: The Gaza Freedom flotilla" – The Guardian
• Israel attacks Gaza flotilla – live coverage – The Guardian

Official material

• The Gaza flotilla and the maritime blockade of Gaza – Legal background (by Israel Ministry of Foreign Affairs)
• UN Security Council Condemns Acts Resulting in Civilian Deaths during Israeli Operation, UN Security Council declaration after the first meeting, 31 May 2010.

Israel Defence Force video footage on Youtube

• Navy Warns Flotilla
• Close-Up Footage of Israeli soldiers boarding the Mavi Marmara
• Helicopter Footage of Israeli soldiers boarding the Mavi Marmara
• Footage of the weapons Found on the Flotilla Ship Mavi Marmara Used by Activists Against IDF Soldiers
• Footage of blurred Israeli soldier describing the attack
• Footage of Activists disembarking from the Mavi Marmara
• Footage of Aid being transferred