Lost at Sea: NGO Legal Distortions in the Wake of the Flotilla Incident

NGO Monitor
03 June '10

Since the violent clash between the Free Gaza flotilla and Israeli naval forces on May 31, numerous NGOs and “human rights groups” have issued harsh and one-sided condemnations of Israel’s actions. Many of these statements have been couched in the terminology of international law. However, as the following analysis demonstrates, these claims are legally incorrect or dubious. They represent the continued exploitation of international law for political ends.

Claims:

1) Israel used excessive/disproportionate force

2) The blockade of Gaza is illegal and constitutes a form of collective punishment

3)Despite Israel’s 2005 “Disengagement,” Gaza continues to be under Israeli occupation

4)Israel’s actions constitute an act of piracy

1) Claim: Israel used excessive/disproportionate force

NGO quotes:

Adalah- “The Israeli military attack violates international law as it targeted civilians and civilian targets, and involved the use of disproportionate force.”
Amnesty International- “Israeli forces appear clearly to have used excessive force…Israel says its forces acted in self-defence, alleging that they were attacked by protestors, but it begs credibility that the level of lethal force used by Israeli troops could have been justified. It appears to have been out of all proportion to any threat posed.”

Analysis:

Israeli naval forces were met by violent activists wielding guns, knives, clubs and chains. According to video and audio released by the IDF, soldiers initially attempted to employ non-lethal force. Deadly force was only authorized after the soldiers were confronted by a well-armed crowd, and after they faced live fire. Several Israeli soldiers suffered gun and knife wounds. The right to self-defense in the face of an immediate and clear threat to one’s life is not contested in international law.

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