(Via YidwithLid).The International media was outraged that the IDF violated international law by attempting to board the boat in international waters and the IHH terrorists were justified because they were defending themselves in international waters. I
The Yid with Lid found a source that indicates that Israel was indeed, within legal bounds when it boarded the boat last night.
According to the San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994:
SECTION V : NEUTRAL MERCHANT VESSELS AND CIVIL AIRCRAFT
Neutral merchant vessels67. Merchant vessels flying the flag of neutral States may not be attacked unless they:(a) are believed on reasonable grounds to be carrying contraband or breaching a blockade, and after prior warning they intentionally and clearly refuse to stop, or intentionally and clearly resist visit, search or capture;(b) engage in belligerent acts on behalf of the enemy;(c) act as auxiliaries to the enemy s armed forces;(d) are incorporated into or assist the enemy s intelligence system;(e) sail under convoy of enemy warships or military aircraft; or(f) otherwise make an effective contribution to the enemy s military action, e.g., by carrying military materials, and it is not feasible for the attacking forces to first place passengers and crew in a place of safety. Unless circumstances do not permit, they are to be given a warning, so that they can re-route, off-load, or take other precautions.
NOTE: the San Remo Manual is not a treaty, but considered by the ICRC to be reflective of customary law.
Israel's boarding of the Gaza flotilla was certainly an example of #67 section A. The Captain of one of the boats told the IDF that they intended to "run the blockade" And the video evidence shows that Israel did indeed give the flotilla a warning and asked them to re-route to an Israeli port.
Also, on piracy: the definition of piracy under the UN Convention on the Law of the Sea, section 101, is clear that piracy can only occur where there are “illegal acts of violence or detention” that are “committed for private ends.” Israeli actions were legal under the law of armed conflict (as evidenced by the San Remo Manual) and in any event, were not committed for private ends. Anyone using the term piracy to describe the Israeli action is clearly not aware of international law on the subject.
Here's the bottom Line:
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.
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.
Given the protesters explicit intention to violate the naval blockade, Israel exercised its right under international law to enforce the blockade. It should be noted that prior to undertaking enforcement measures, explicit warnings were relayed directly to the captains of the vessels, expressing Israel's intent to exercise its right to enforce the blockade.
Israel had attempted to take control of the vessels participating in the flotilla by peaceful means and in an orderly fashion in order to enforce the blockade. Given the large number of vessels participating in the flotilla, an operational decision was made to undertake measures to enforce the blockade a certain distance from the area of the blockade.
