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  1. #11
    Liar and Trickster Senior Member Andres's Avatar
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    Default Re: Israel kills to Maintain Blockade

    The San Remo Manual is applicable on international armed conflicts. If Israel deems itself to be engaged in an international armed conflict with Gaza, then does that mean they recognize the State of Palestine? Because, if the State of Palestine is not another country, but just part of Israel, then I fail to see how the blockade is part of an international armed conflict.

    Also, form the manual, of which I'm not sure it is applicable in this case:

    47. The following classes of enemy vessels are exempt from attack:

    (a) hospital ships;

    (b) small craft used for coastal rescue operations and other medical transports;

    (c) vessels granted safe conduct by agreement between the belligerent parties including:

    (i) cartel vessels, e.g., vessels designated for and engaged in the transport of prisoners of war;
    (ii) vessels engaged in humanitarian missions, including vessels carrying supplies indispensable to the survival of the civilian population, and vessels engaged in relief actions and rescue operations;
    If enemy vessels engaged in humanitarian missions, including vessels carrying supplies indispensable to the survival of the civilian population, and vessels engaged in relief actions and rescue operations are exempt from attack, then clearly, a fortiori, neutral vessels are as well.

    If a blockade doesn't allow humanitarian aid to be sent, then the blockade in itself is also a violation of international law.

    Above the fact that boarding the ships was not permitted, there's also the issue of the disproportionate use of force. Even if boarding the ships was permitted (which it wasn't), the use of violence was excessive and completely disproportionate.

    There's no way Israels' actions can be justified under international law. They screwed up. And now there are calls for "investigations" to buy time and think of an elegant solution (or buy time until people forget and the accident can be swept under the carpet).
    Last edited by Andres; 06-01-2010 at 16:46.
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