Thursday, May 27, 2010

MFA legal expert Sarah Weiss Maudi on the legal aspects of Gaza aid


IMRA
Sarah Weiss Maudi
Ministry of Foreign Affairs
26 May '10

A maritime blockade has been imposed by Israel off the coast of Gaza because Israel is currently in a state of armed conflict with the Hamas regime that controls Gaza.

Transcript:

Interviewer: Today we are with Sarah Weiss Maudi. She is the Israel Foreign Ministry's expert on maritime and humanitarian law. Sarah, we would like to ask you a few questions about Gaza. First of all, why is it that Israel can prevent ships from reaching Gaza?



Ms. Weiss Maudi: The reason why ships can't come into Gaza currently is because a maritime blockade is currently in effect off the coast of Gaza. Such a blockade has been imposed by Israel because Israel is currently in a state of armed conflict with the Hamas regime that controls Gaza. Hamas has repeatedly bombed civilian targets in Israel proper with weapons that have been smuggled into Gaza by various routes, including the sea. Under international maritime law, when a maritime blockade is in effect, no vessels can enter the blockaded area. That includes both civilian vessels and enemy vessels. Any vessel that violates or attempts to violate the maritime blockade may be captured or even attacked. Maritime blockades are a legitimate and recognized measure under international law, and may be implemented as part of an armed conflict at sea.

Interviewer: So this is a recognized maritime practice?

Ms. Weiss Maudi: Exactly. Various naval manuals, including the naval manuals of the US and UK recognize the maritime blockade as an effective naval measure that can be implemented in times of armed conflict. And those manuals give various criteria for making a blockade valid, including the requirement to give due notice of the blockade. Israel, in accordance with the requirements of international law, has publicized the existence of the blockade currently in effect and has published the exact coordinates of the blockade via the accepted international professional maritime channels.

Interviewer: Okay. So this blockade should not surprise anyone.

Ms. Weiss Maudi: Exactly.

Interviewer: Now, let's talk about the transfer of supplies over land. Why can Israel decide what goes in and what can't?

(Read full interview)

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