Gaza: What does International Law Say?

Joshua Rozenberg
standpointmag.co.uk
31 May '10

The BBC has provided space on its website for readers to complain that the Israeli naval raid off Gaza was "piracy" because it took place in international waters. A rather better use of the page would have been a piece informing its readers of the position in international law.

I am no expert in this field and I know that international law is open to interpretation. But here's an account posted anonymously in response to this excellent piece. I have retained the US spellings, perhaps the only clue to the identity of the author, "George".

1. A maritime blockade is in effect off the coast of Gaza. Such blockade has been imposed, as Israel is currently in a state of armed conflict with the Hamas regime that controls Gaza, which has repeatedly bombed civilian targets in Israel with weapons that have been smuggled into Gaza via the sea.

2. Maritime blockades are a legitimate and recognized measure under international law that may be implemented as part of an armed conflict at sea. (Examples: USA blockaded Cuba, UK blockaded The Falklands, the EU blockaded Yugoslavia)

3. A blockade may be imposed at sea, including in international waters, so long as it does not bar access to the ports and coasts of neutral States.

4. The naval manuals of several western countries, including the US and England recognize the maritime blockade as an effective naval measure and set forth the various criteria that make a blockade valid, including the requirement of give due notice of the existence of the blockade.

5. In this vein, it should be noted that Israel publicized the existence of the blockade and the precise coordinates of such by means of the accepted international professional maritime channels. Israel also provided appropriate notification to the affected governments and to the organizers of the Gaza protest flotilla. Moreover, in real time, the ships participating in the protest flotilla were warned repeatedly that a maritime blockade is in effect.

6. Here, it should be noted that under customary law, knowledge of the blockade may be presumed once a blockade has been declared and appropriate notification has been granted, as above.

7. Under international maritime law, when a maritime blockade is in effect, no boats can enter the blockaded area. That includes both civilian and enemy vessels.

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