Det danske Fredsakademi
Kronologi over fredssagen og international politik 3. Juni 2010
/ Time Line June 3, 2010
Version 3.0
2. Juni 2010, 4. Juni 2010
06/03/2010
The Legal Framework of International Law
By: Lynda Brayer
The Attack on the Gaza Freedom Flotilla by Israeli Navy Commandos
on May 31, 2010
Crimes against the Peace and Crimes against Humanity
During the pre-dawn hours of May 31, 2010, the Israeli Navy
attacked the six civilian vessels of the Gaza Freedom Flotilla. The
attack took place in international waters against ships flying
under national flags of countries with which Israel is not at war,
namely Turkey, Greece and the United States. The ships were
carrying civilians from more than sixteen countries.
Salient points:
Since no state of war existed at the time, the attack on these
vessels constitutes an act of war against those governments under
whose flags the vessels were sailing.
The attack falls within the purview of the ius ad bellum, those
laws which govern the resort to armed conflict. Israel’s
action does not fall into the category of the ius in belloor the
laws which govern the actual conduct of war.
Because this attack was carried out in international waters, the
status of the relationship between Hamas, or any other Palestinian
body, and the state of Israel is of no relevance whatsoever.
Likewise, neither the blockade of Gaza nor Israel’s claims
and legal interpretations regarding it has any bearing on its acts
of aggression in international waters.
This is not an act of piracy. Piracy is an act of aggression
carried out in international waters by individuals and not by
states.
The following internationally binding treaties, charters, and
agreements are relevant to the attack by Israel:
1. Article 6 of the Charter Provisions of the Nuremburg Trials
(a) Crimes against Peace: namely, planning, preparation,
initiation, or waging of a war of aggression, or a war in violation
of international treaties, agreements or assurances, or
participation in a common plan or conspiracy for the accomplishment
of any of the foregoing;
(3) Crimes against Humanity: namely murder…deportation, and
any other inhumane acts committed against any civilian population,
before or during the war...in execution of or in connection with
any crime…whether or not in violation of the domestic law of
the country where perpetrated.
2. 1907 Hague Regulation Convention (XI) Relative to Certain
Restrictions with Regard to the Exercise of the Right of Capture in
Naval War
Chapter II – The Exemption from Capture of Certain
Vessels
Article 4. Vessels charged with religious, scientific, or
philanthropic missions are likewise exempt from capture.
Salient points:
The standard for judging the Israeli acts is objective and not
subjective. It is irrelevant what Israeli ministers, generals,
admirals, or soldiers thought or intended. The test is in what they
did.
What they did was engage in acts of war using weapons of war in
international waters against vessels that are protected not only in
peacetime but also in times of war.
Israel has therefore committed both crimes against the peace and
crimes against humanity.
These are crimes that have international jurisdiction. Israeli
political and military personnel can be named in trials held in any
and all countries of the world. If the Israelis do not attend the
trials, they can be tried in abstentia, and those decisions in
which the Israelis are found guilty can be executed anywhere in the
world.
Because unarmed civilians were murdered by a preplanned military
attack, capital crimes have been committed. While it would appear
that the international community no longer finds capital punishment
civilized, the punishments for these capital crimes can be multiple
life sentences.
These crimes give rise to damage claims for huge sums of money and
Israeli accounts can be blocked using decisions finding them
guilty.
The unarmed vessels were on a philanthropic mission, carrying
civilians and humanitarian supplies. Even if Israel were in a state
of war with any of these countries, it would be prohibited from
capturing the vessels according to the terms of the Hague
Convention of 1907.
Conclusion:
It follows, therefore, that Israel was first of all not allowed to
attack these vessels militarily, and then not to board these
vessels by force, capture these vessels, attack the passengers,
imprison them on the vessels, forcibly remove them from the
vessels, and steal their private property in the form of cameras,
computers, clothes, etc.
Every single act carried out by the Israeli military forces in
international waters no May 31, 2010, are unqualifiedly and
absolutely violations of international law.
06/03/2010
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