Israel’s Right to Blockade

Joseph Klein
frontpagemag.com
11 June '10

Does Israel’s blockade of the Hamas-controlled Gaza Strip and its enforcement of the blockade comply with international law? The evidence suggests that the answer is an overwhelming yes:

The 1909 Declaration Concerning the Laws of Naval War (the London Declaration), the first international instrument to acknowledge the legality of blockades, specifically recognized the right of nations to blockade their enemy.

So does the San Remo Manual, which is a compilation by international law experts of agreed upon international law on blockades and related subjects. The blockade must be declared against a belligerent, and notified to all belligerents and neutral states (Article 93). The declaration must specify the commencement, duration, location, and extent of the blockade and the period within which vessels of neutral States may leave the blockaded coastline (Article 94). The blockade may be enforced and maintained by a combination of legitimate methods and means of warfare provided this combination does not result in acts inconsistent with the rules set out in the San Remo Manual (Article 97).

A blockade is prohibited, according to the San Remo Manual, 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 (Article 102).

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