Why Israel’s Blockade on Gaza is Illegal

From Samah Sabawi, Palestinian Advocate for Australians for Palestine.

Who says Israel blockade of Gaza is illegal and is a violation of international humanitarian Law? Here are a few and there are many more where these come from:

1) U.N. High Commissioner for Human Rights Navi Pillay “Israel’s blockade of Gaza is illegal and should be lifted” “International humanitarian law prohibits starvation of civilians as a method of warfare and…it is also prohibited to impose collective punishment on civilians” http://www.reuters.com/article/2010/06/05/us-israel-flotilla-un-idUSTRE6541JD20100605

2) UN Panel of Human Rights Experts published report compiled by by a former UN war crimes prosecutor Desmond de Silva, a judge from Trinidad, Karl Hudson-Phillips, and a Malaysian women’s rights advocate, Mary Shanthi Dairiam. They reiterated “the Israeli blockade of the Palestinian enclave is illegal because of the scale of the humanitarian crisis in Gaza.” http://www.guardian.co.uk/world/2010/sep/23/un-panel-israel-war-crimes

3) Amnesty International “As a form of collective punishment, Israel’s continuing blockade of Gaza is a flagrant violation of international law.” http://www.amnesty.org/en/news-and-updates/suffocating-gaza-israeli-blockades-effects-palestinians-2010-06-01

4) Gisha “The closure of Gaza is neither a siege, nor a blockade, nor an economic sanction – it is an illegal act of collective punishment and stands in violation of both international and Israeli law.” http://www.gisha.org/UserFiles/File/publications/GazaClosureDefinedEng.pdf

5) The International Committee of the Red Cross “the blockade violates the Geneva Convention, which bans “collective punishment” of a civilian population.” The ICRC called on Israel to lift the blockage. http://www.voanews.com/english/news/Red-Cross-Israels-Gaza-Blockade-Breaks-International-Law-96280463.html

6) Human Rights Watch “The blockade, which amounts to the unlawful collective punishment of Gaza’s civilian population, has severely damaged the economy, leaving 70 to 80 percent of Gazans in poverty and dependent on humanitarian aid.” http://www.hrw.org/en/news/2010/05/31/israel-full-impartial-investigation-flotilla-killings-essential

7) Center for Constitutional Rights “Israel’s position is that a lawful maritime blockade is in effect off the coast of Gaza. International law recognizes blockades in the context of armed conflicts, but it does not recognize a blockade by a country against a territory which it is occupying” http://ccrjustice.org/newsroom/press-releases/ccr-condemns-israel%26%23039;s-killing-freedom-flotilla-participants

8) OXFAM “Though Israel has the duty to protect its citizens, it cannot impose a blockade on every civilian in Gaza. This constitutes collective punishment, which is illegal under international law. The EU should make any future upgrade in economic and political relations dependent on the end of the blockade.” http://www.oxfam.org/pressroom/pressrelease/2010-03-17/eu-foreign-policy-chief-gaza-blockade

9) The United Nations Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967.Mr. Richard Falk “In the Gaza Strip, the illegal blockade continued to violate the human rights of Palestinians in Gaza, despite the much proclaimed “easing” of the blockade by Israel in 2010.” http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=10871&LangID=E

10) Ambassador Craig Murray, an internationally recognized authority on maritime jurisdiction and naval boarding issues. He is former Alternate Head of the UK Delegation to the United Nations Preparatory Commission on the UN Convention on the Law of the Sea. He was deputy head of the teams which negotiated the UK’s maritime boundaries with France, Germany, Denmark (Faeroe Islands) and Ireland. “San Remo only applies to blockade in times of armed conflict. Israel is not currently engaged in an armed conflict, and presumably does not wish to be. San Remo does not confer any right to impose a permanent blockade outwith times of armed conflict, and in fact specifically excludes as illegal a general blockade on an entire population.” http://www.freedomflotilla.eu/en/information/13-opinion/130-the-blockade-is-illegal-no-matter-what-israel-claims

11} UNSC Resolution 1860 “Calls for the unimpeded provision and distribution throughout Gaza of humanitarian assistance, including of food, fuel and medical treatment” http://daccess-dds ny.un.org/doc/UNDOC/GEN/N09/204/32/PDF/N0920432.pdf?OpenElement

12) The United Church in Canada http://www.countercurrents.org/uc110610.htm

13) Other groups who signed on a report (see link below) calling the blockade illegal:

  1. AMNESTY INTERNATIONAL UK
  2. BROE DERLIJK DELEN
  3. CAFOD
  4. CCFD-TERRE SO LIDAIRE
  5. CHRISTIAN AID
  6. CHURCH OF SWEDEN
  7. CORDAID
  8. DIAKONIA
  9. EURO-MEDITERRANEA N HUMAN RIGHTS NETWORK (EMHRN)
  10. HANDICAP INTERNATIONAL
  11. ICCO
  12. IKV PAX CHRISTI
  13. INTERNATIONAL FEDERATION FOR HUMAN RIGHTS (FIDH)
  14. MEDICAL AID FOR PALESTINIANS
  15. MEDICO INTERNATIONAL
  16. MERLIN
  17. MS ACTION AID DENMARK
  18. NORWEGIAN REFUGEE COUNCIL (NRC)
  19. QUAKER COUNCIL FOR EUROPEAN AFFAIRS
  20. OXFAM INTERNATIONAL
  21. Rehabilitation and Research Centre for Torture Victims (RCT )
  22. REDD BARNA
  23. SAVE THE CHILDREN UK
  24. TROCAIRE
  25. UCP

“Dashed Hopes” published by the above organizations about Israel’s illegal blockade of Gaza
http://www.oxfam.org.uk/resources/policy/conflict_disasters/downloads/dashed-hopes-continuation-gaza-blockade-301110-en.pdf

Related Links

Freedom Flotilla 2 Assailed by Piratical Scuttlebutt – other relevant international law

International Terrorism by Israel Against the Irish Boat to Gaza?

Dr. Fintan Lane from the MV Saoirse: “If this boat had gone to sea, it’s almost certain we would have lost lives – this boat would have sank.”

From Haaretz:

“This was done by hostile divers and identical sabotage was carried out to the Swedish ship, Juliana,” ISG spokesman Raymond Deane told DPA. “The inference is that the saboteurs were Israeli,” he said.

“This is attempted murder. The damage done to the propeller means that the ship could have sailed but the propeller would have come up through the hull after some time. We are a small ship and we would have gone down,” Deane added.

The Israeli embassy in Dublin said it had no connection with the incident and no information on it, Ireland’s national broadcaster RTE reported.

Six of the 20 crew and passengers who intended to sail on the MV Saoiree will transfer to another ship in the flotilla, ISG said. Those include former Ireland rugby player Trevor Hogan and Paul Murphy, a Socialist Party Member of the European Parliament, as well as ISG campaign coordinator Fintan Lane. They are joining activists on board the joint Italian and Dutch ship in the flotilla.

State Department deputy spokesman Mark Toner said Thursday the U.S. has seen no independent confirmation of the ships having been sabotaged, yet nevertheless stated that “our opinion that’s been stated very clearly from the State Department, both from the secretary down to this podium, is that these flotillas are a bad idea.”

The sabotage against the Irish and Swedish boat, both of whose propeller shafts were similarly damaged, could just as well have been done by US navy divers, as a favour to Israel.

The Irish government is showing some spine, with Minister for Foreign Affairs Eamon Gilmore backing calls for an investigation into damage.

Minister Gilmore said he takes the matter seriously.

“I do have concerns about it, and that is something that is going to have to be investigated initially by the Turkish authorities,” the Tánaiste said.

“I would take a very serious view of it, if it turned out that there was sabotage of that vessel.”

Mr Gilmore last week told Israeli ambassador to Ireland, Boaz Modai, that any interception of the flotilla must be peaceful.

He said while the activists were well intended and well motivated, they had been warned it would it would be dangerous to travel on the MV Saoirse vessel and on the mission.

“I met with a delegation from the people who are travelling a couple of weeks ago and subsequent to that I met with the Israeli ambassador and made it clear to him both what our travel advice was but also our expectation that there would not be a repeat of last year and that people who engaged in what is essentially a form of peaceful protest activity, that there is not to be a disproportionate response to that activity,” he added.

Sinn Féin leader Gerry Adams has also called for a probe into the incident.

“The Irish government has a responsibility to protect Irish citizens abroad and must demand answers from the Israeli government on this matter,” Deputy Adams said.

“I would also urge the government to ask the Turkish authorities to carry out a full and thorough investigation into what has occurred.”

Sign the petition for an independent inquiry into the sabotage.

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Political Zionism has always been an ideology of force and violence. Israel has become a society of force and violence

This is a recurring pattern: first demonization, then legitimization (to act violently ). Remember the tall tales about sophisticated Iranian weaponry coming through arms-smuggling tunnels in Gaza, or those about how the Strip was booby-trapped? Then Operation Cast Lead came along and the soldiers hardly encountered anything like that.

The attitude toward the flotilla is a continuation of the same behavior.

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Palestine / Israel Links

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“The arrival of thousands of Muslim infiltrators to Israeli territory is a clear threat to the state’s Jewish identity,” Danon told The Jerusalem Post.

“The refugees’ place is not among us, and the initiative to transfer them to Australia is the right and just solution.

“On the one hand, it treats the refugees and migrants in a humane way. On the other hand, it does not threaten Israel’s future and our goal to maintain a clear and solid Jewish majority,” he explained.

U.S. Senate passes resolution threatening to suspend aid to Palestinians

The PLO General Delegation to the U.S. said in response that while it respects the right of Senate members to pass resolutions expressing their views, “we urge them to use an even-handed, fair, and unbiased approach when addressing their concerns on the Israeli-Palestinian peace process.”

The delegation added that “the Israeli government has failed to reciprocate, and Prime Minister Netanyahu has repeatedly chosen a policy of land grabbing and settlement expansion over a just solution to the conflict and an end to the Israeli occupation of the West Bank and Gaza Strip.”

Janan Abdu on the detention of her husband, political prisoner Ameer Makhoul

Join BDS, Support the Freedom Flotilla 2 to Gaza, End Israeli Oppression!

In his message of support for the new “Freedom for Palestine” single by OneWorld, Archbishop Desmond Tutu recognises the power of music and art against Israeli apartheid and colonialism in the same way that they were central to the struggle against apartheid oppression in South Africa.

“True peace comes only with justice.”

The Freedom Flotilla 2, with 12+ boats carrying humanitarian aid and 1000+ peace activists, is sailing to Gaza in late June. Alice Walker, who’s sailing with us, calls this the Freedom Ride of our generation. We want to help open this Palestinian port and end the illegal Israeli blockade, which has caused so much suffering. Meanwhile, the global BDS (Boycott Divestment Sanctions) movement is calling on Bob Dylan, Paul Simon, Laurie Anderson and Kiri Te Kanawa to cancel their 2011 Israel concerts and get on the boat!

Palestine / Israel Links

Let them eat cheese! Rechavia Berman examines Israeli neoliberalist exploitation, settler pogroms, sex in politics and the superiority of zionist dairy cows amongst other things in his Weekly Holyland overview.

Demolition Faux Nation

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Fascist Israeli Occupation Forces cowards throw sound bombs and tear gas at non-violent protestors at the weekly demo at Nabi Saleh. Check out the BDS Banner!

Palestine / Israel Links

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?’The facts are that we are dealing with some very brutal people; people indoctrinated over a long period of time. And a military that obviously is insensitive to the sufferings of other people. ‘

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Israeli Sadism – Aid Blocked During a Medical State of Emergency

Very bad news for besieged Gazans requiring surgery in the week ending 10/6/11 – on Wednesday 8/6/11, the health ministry declared a state of emergency due to the shortage of medical supplies. In February, 2011, “Israeli warplanes blitzed a Health Ministry medicine warehouse in northern Gaza … injuring eight Palestinians and sparking a fierce fire”.

Medical services spokesman Adham Abu Salmiya said Thursday that warehouses had run out of over 178 types of medicine and that over 190 surgical items had either run out or were in short supply.

The health minister in the besieged coastal enclave appealed to human rights organizations to intervene to avert a looming crisis.

Gazan doctors cancelled surgeries due to critical shortages of medicine and supplies on Friday. Simultaneously Israel decided it would close ALL crossings until Sunday. The Rafah crossing to Egypt only allows traverse of people, not goods.

It is now Sunday 12/6/11, and vital medicines have not arrived.

The crisis was unprecedented even during Israel’s massive offensive on Gaza in December 2008, Naem said, adding that the situation was worsening by the day.

Speaking at a conference in Ash-Shifa Hospital in Gaza City, Naem said 180 types of medicine and 200 medical items had run out in Gaza, including alcohol and needles.

All health facilities were affected by the deficit, the minister said, adding that Israel’s siege on the Gaza Strip exacerbated the crisis.

How many vulnerable, ill people does Israel cause to suffer because of its hideous, illegal collective punishment? Israel is sick, and makes itself sicker through such terrible acts.

The medicine for apartheid states is BDS – boycott, divestment and sanctions are effective as a global topical application.

UPDATE 19/6/11

Why doesn’t the PA blame Israel’s illegal closure of Gaza? The PA attempts to exonerate itself and blames Hamas for ‘politicising’ the issue of medical aid. Bad argument when the WHO say there have been shortages since February.

The Palestinian Authority health ministry on Saturday sent 20 truckloads of medicine to the Gaza Strip to ease critical hospital shortages.

Another 20 trucks will be transferred by Monday from warehouses in the West Bank city of Nablus to Gaza via the Erez crossing on Israel’s border, the ministry said in a statement.

Ramallah Health Minister Fathi Abu Moghli said that the critical shortage of medicine in the Gaza Strip was caused by suppliers’ delays. But he accused the Hamas health ministry in Gaza of trying “to politicize the health sector” by blaming the Fatah-led Palestinian Authority for the shortages.

The Gaza ministry threatened to close hospitals and clinics “to disturb the reconciliation between Hamas and Fatah,” Abu Moghli said.

The PA distributed medicines to hospitals in Gaza and the West Bank as soon as they were received from suppliers, he added.

Abu Moghli said 300 types of medicine worth 10 million shekels ($2.91 million) as well as laboratory equipment and surgical items would be delivered to Gaza on Saturday.

UPDATE 17/6/11

World Health Organisation: Shortages of Drugs and Medical Disposables in MoH Gaza, June 2011
The Turkish Red Crescent donated a truckload of medical supplies

to the Palestinian Ministry of Health to meet ongoing shortages, the ministry’s PR head said Thursday.

Omer An-Naser told Ma’an that the truck contained medication which has run out in Gaza, to be added to a delivery of 20 truckloads of medical supplies to Gaza by the ministry on Saturday and Sunday.

‘The report said shortages were a failure in coordination between the Ramallah and Gaza health authorities despite the unity agreement between the divided administrations signed over a month ago.’

Is the PA is covering for the Israeli regime with whom it collaborates? Gaza health ministry declared a state of medical emergency l on the 8/6/11. And now, once again –

Israel on Friday [17/6/11] closed the sole operating goods crossing into the Gaza Strip, Palestinian officials said.

Liaison official Raed Fattouh said Israel would reopen the Kerem Shalom crossing on Sunday.

The southern border crossing is the only operating entry point for commercial goods and humanitarian aid into the coastal enclave, home to more than 1.6 million Palestinians.

On May 28 Egypt reopened its Rafah border with Gaza, allowing limited numbers of residents to move freely in and out of the Strip for the first time in four years.

But Egypt is not allowing imports, exports and humanitarian aid or construction materials through Rafah, and the terminal is not equipped to handle large quantities of goods.

UPDATE TUESDAY 14/6/11

Red Cross donates stockpiled medicine to Gaza hospitals
The Palestinian Center for Human Rights warned Monday of a “catastrophic deterioration”

in the health conditions of Gaza residents, especially those with chronic diseases who could not access medication.

PCHR said the Gaza Strip had not received any medical supplies since February, and that shortages had led to a “devastating crisis” over the past two weeks. At a press conference in Cairo, Al-Barsh said most hospitals had run out of basic medicines and supplies.

Meanwhile, Ash-Shifa Hospital director Medhat Abbas said hospitals and primary care centers would have to close if medicine did not arrive soon, adding that many hospitals had been forced to cancel surgeries due to the crisis.

The Palestinian Center for Human Rights warned Monday of a “catastrophic deterioration” in the health conditions of Gaza residents, especially those with chronic diseases who could not access medication.

PCHR said the Gaza Strip had not received any medical supplies since February, and that shortages had led to a “devastating crisis” over the past two weeks.

All surgeries cancelled in Gaza due to lack of anaesthetic
Finally, 13/6/11Israeli Convoy Delivers Medical Supplies to Gaza

Today, Israel sent 19 truckloads of medical equipment to Gaza’s Jordanian field hospital via the Erez Crossing. The Israeli aid convoy also included 195 Jordanian hospital staff members — who replaced outgoing staff — one fuel tank, one refrigerated truck and transportable buildings, which will expand existing hospital space by 300 meters.

Efforts such as providing Gaza’s civilian population with medical supplies–are coordinated daily by two Israeli bodies: The Coordinator of Government Activities in the Territories (COGAT) and Gaza Coordination and Liaison Administration. The organizations also provide aid in fields including health, education, agriculture and infrastructure in particular.

Unnamed Egyptian border official: ‘Only medical supplies will be allowed through Rafah.’ Why then was a state of medical emergency declared by the Gaza health ministry last Wednesday?

When Egyptian border officials reopened the terminal on 5 June, they found that their Palestinian counterparts had closed it from the other side to protest Egypt’s apparent foot-dragging. … Border operations finally resumed on Wednesday, 8 June — although still confined to human traffic — after Egypt reportedly promised to raise the daily passenger limit to at least 500.

UPDATES

@Jinjirrie & how much sorely needed medicines? RT @IDFSpokesperson: Yesterday, 202 truckloads (~6,000 tons) bearing goods, gas & fuel entered Gaza via Kerem Shalom Crossing in Israel #
Malicious Occupier Israel still keeps Gaza on a siege diet – limited aid allowed on Sunday despite state of medical emergency
Sources in the Gaza Health Ministry said Palestinian Authority official Nabil Shaath had promised to send medicine to Gaza from Ramallah, but that the supplies never arrived.

Gaza’s hospital stock running on near empty : Hospitals in Gaza are forced to cancel operations due to lack of medical supplies as the Israeli blockade continues.’
Gaza health minister: Acute medicine shortage

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There was never any compelling strategic logic behind Israel’s refusal to allow civilian goods into Gaza. The idea of punishing 1.5 million Gazans so that they would remove Hamas from power was pointless and counterproductive: it impoverished the Gazan farmers and industrialists – the people with the most interest in cooperative economic relations with Israel –and empowered tunnel- diggers and others who enjoyed close relations with Hamas. It also gave Israel a bad name. And it had no effect at all on Hamas’s readiness to release Gilad Schalit for a reasonable price. In this sense, the only good thing that came out of last spring’s Turkish flotilla was Israel’s relaxation of that boycott.
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The Association of International Development Agencies (AIDA), which groups 80 charities working in the Palestinian territories, called on the international community to pressure Israel to ease the restrictions, saying they cost its members around $4.5 million (three million euros) each year in unnecessary expenses.’

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Palestine / Israel Links

I’m either an illegal citizen of one state, or an inferior citizen in another
The Americans told Molho that to block European initiatives such as France’s proposal for an international peace conference in Paris, they must have something concrete to offer, like Netanyahu’s agreement to negotiate on the basis of Obama’s speech.

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Shalit is the first Israeli soldier to be captured by a Palestinian armed group since1994. By contrast, 700,000 Palestinians have been detained under Israeli military orders in the occupied territories since 1967. That amounts to one-fifth of the total Palestinian population in those territories. By placing so much emphasis on one Israeli, Ashton is turning a blind eye to the infinitely worse suffering that Palestinians have to endure. She does not even acknowledge – as far as I can tell – that Israel’s response to Shalit’s capture was disproportionate, to use a word that trolls regularly from the tongues of EU representatives. At the moment, there are some 900 prisonersfrom Gaza in Israeli custody. Following Shalit’s capture, Israel has deniedthose prisoners visits from their families, thereby breaching its international obligations (the Fourth Geneva Convention of 1949 says: “Every internee shall be allowed to receive visitors, especially near relatives, at regular intervals and as frequently as possible.”

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The Palestinian president also disclosed in Ramallah that he had personally approached the leaders of the American Israel Public Affairs Committee (AIPAC ), knowing that they wielded considerable influence over Netanyahu.

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She stressed that the real political struggle is to hold on to the ethical, humanitarian and national positions in every sphere; ranging from the struggle against land confiscation, demolition of Palestinian homes, the fight for recognition of the Palestinian identity, and the struggle to end the Israeli occupation

Haniyeh: No differences among Hamas leaders

“Mash’al’s speech was in line with the movement’s positions, policies and principles,” the statement said. “Any remarks contradicting these issues do not represent the movement and its branches.”

The politburo is solely tasked with making the party’s policy, the statement added.

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Report calls for end to occupation : The International Labour Organisation has added its voice to the growing international chorus calling for Israel to end restrictions on Palestinian freedom of movement in the name of security
Keep boycotting Israel say delegates :

Community union delegates delivered a crushing blow today to the executive’s attempt to force through a resolution aimed at undermining the TUC policy of boycotting Israeli goods produced in illegal settlements.

Members at the union’s biennial conference in Southport accused the leadership of using it to obtain a “retrospective mandate” from members to support Trade Unions Linking Israel and Palestine (Tulip), which they labelled “an apologist” for Israeli war crimes.

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Israel is targeting human rights organisations which dare to criticise the regime and report on its crimes voraciously with new legislation to penalise them under discussion.

Organisations in the firing line include the Pubic Committee Against Torture in Israel, the Association for Civil Rights, the Israeli branch of Amnesty International, and Physicians for Human Rights Israel.

‘Hadas Ziv, PHRI’s director of public outreach, described the initiative promoted by Hasson as “a shocking, appalling message.”

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Syria Links

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Libya Links

Thus, if we are serious about international solidarity we need to figure out what the internal politics of a place is, what has been achieved in that country and what are its contradictions. As I have been saying, supporting rebellions for the sake of supporting rebellions is problematic because everything gets framed as a battle between good and evil. The alternative that ends up being offered actually narrows the space for thinking about and building something different than liberal-democracy anywhere in the world.

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Egypt Links

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US Links

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