Sunday, September 26, 2010

UNHRC tramples on international law to demonize Israel

Elder of Ziyon
25 September '10

Even a quick glance at the UNHRC's report on the flotilla shows extraordinary duplicity in describing international law.

We had already posted at length a number of scholarly articles about the legality of Israel's naval blockade of Gaza. The UN Human Rights Council finds that it must completely make up new laws in order to accuse Israel of breaking them.

First, it accurately quotes San Remo to define what a legal blockade is:

51. Under the laws of armed conflict, a blockade is the prohibition of all commerce with a defined enemy coastline. A belligerent who has established a lawful blockade is entitled to enforce that blockade on the high seas.41 A blockade must satisfy a number of legal requirements, including: notification, effective and impartial enforcement and proportionality.42 In particular a blockade is illegal 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.43

So far, so good. But look what comes next:

(Read full post)

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