Interception of the Gaza flotilla: Legal aspects

IDF MAG Corp
Posted before Shabbat

Introduction

For several years, the State of Israel has been engaged in an ongoing armed conflict with terrorist organizations operating in the Gaza strip. This armed conflict has intensified after Hamas violently took over Gaza, in June 2007, and turned the territory under its de-facto control into a launching pad of mortar and rocket attacks against Israeli towns and villages in southern Israel.

The State of Israel took different measures to defend its citizens from the terrorist attacks originating from the Gaza strip. Initially, all feasible steps were taken in order to avoid using extensive military force, including diplomatic and economic military measures, as well as relatively limited military operations. When these measures proved ineffective, and the barrage of rockets against the Israeli civilian population continued, and even intensified, the State of Israel had no choice but to take an extensive military action - Operation "Cast Lead".

The entire activities of Israel in this armed conflict are governed by the Law of Armed Conflict (also known as: International Humanitarian Law).

The Naval blockade on Gaza

According to the Laws of Armed Conflict, a state party to an armed conflict has the right to establish a naval blockade on its enemy's coast for security reasons. A naval blockade means preventing the passage (entry or exit) of all vessels to or from the ports and coastal areas of the enemy, irrespective of the kind of cargo carried by these vessels.

The power to impose a naval blockade is well established under customary international law. It is a common practice, and even the Charter of the United Nations, when enumerating the different actions which can be taken by the Security Council in order to maintain or restore international peace and security, explicitly mentions the naval blockade among these measures (Article 42 of the Charter).

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