Never mind the fact that these Hamas Islamonazi lovers were in violation of the legal Israeli anti/weapons blockade imposed by Israel upon the Hamas, the moment they left their ports around the world heading towards Gaza. It’s entirely irrelevant that these miscreants and malcontent were detained, they should have had the book thrown at them instead.
Sweden can’t sue Israel over Ship to Gaza raids
Published: 10 Dec 2014 07:00 GMT+01:00
Acting on behalf of Swedes on board as the vessels tried to break an Israeli blockade of Gaza in 2010 and 2012, the Swedish Prosecution Authority launched a probe in June.
“After hearing the Swedish plaintiffs we have identified some facts that may constitute offences, but the perpetrators are unknown and we are unable to determine their identity,” prosecutor Henrik Attorps said in a statement.
Israel, whose relations with Sweden have cooled since Stockholm recognised the state of Palestine on October 30, has not cooperated with the prosecution inquiry.
The probe follows a first 2010 attack by Israeli troops on a six-ship international aid flotilla in international waters, leading to the death of nine Turkish citizens on one of them, the Mavi Marmara. In June The Local reported that Attorps was launching the investigation as to whether international laws had been broken.
In 2012, Israel’s navy seized another ship — again in international waters — the Estelle, a Finnish-flagged galley carrying humanitarian aid as part of the international Ship to Gaza campaign.
The people on board, including the Swedes, were allegedly held against their will in Israel following the boarding.
Vol. 10, No. 4 July 18, 2010
- The relations between Israel and Hamas are in the nature of armed conflict. Nowadays no formal declaration of war is needed. Hence the rules of the laws of armed conflict apply. This means that Israel may control shipping headed for Gaza – even when the vessels are still on the high seas.
- The rules of naval warfare have not been fully codified in a treaty and are in the nature of binding customary rules. They can be found in the relevant manuals of Western armies (in particular the U.S. and Britain) and in the San Remo Manual prepared by a group of experts.
- In order to be legal, a blockade has to be declared and announced, effective, non-discriminatory, and has to permit the passage of humanitarian assistance to the civilian population. In addition, the San Remo Manual of 1994 includes two conditions: first, the state which applies the blockade may decide where and when and through which port the assistance should reach the coast. In addition, the state may require that a neutral organization on the coast should verify who is the recipient of the assistance. In Gaza, for instance, does it reach the civilians or Hamas?
- A ship that clearly intends to breach the blockade may be stopped already when it is still on the high seas. Stopping the flotilla heading for Gaza in international waters 100 kilometers from Israel was not illegal; in time of armed conflict, ships intending to breach the blockade may be searched even on the high seas.
- Israel is within its rights and is in full compliance with international law because it has fulfilled all of the above-mentioned conditions for a lawful blockade. E.g., in January 2009 Israel notified the relevant authorities of its intention to establish a blockade of the Gaza coast.