by Bill Levinson
Jan Poller directed us to an impartial definition of international law that relates to blockades and contraband (San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994 ). Turkey is guilty of a crime under international law as shown below, while Israel fulfilled its obligations under the same standards.
- 67. 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. 68. Any attack on these vessels is subject to the basic rules in paragraphs 38-46.
Israel fulfilled its obligations under paragraphs 38-46.
- 38. In any armed conflict the right of the parties to the conflict to choose methods or means of warfare is not unlimited.
- 39. Parties to the conflict shall at all times distinguish between civilians or other protected persons and combatants and between civilian or exempt objects and military objectives.
- 40. In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.
- 41. Attacks shall be limited strictly to military objectives. Merchant vessels and civil aircraft are civilian objects unless they are military objectives in accordance with the principles and rules set forth in this document.
- 42. In addition to any specific prohibitions binding upon the parties to a conflict, it is forbidden to employ methods or means of warfare which: (a) are of a nature to cause superfluous injury or unnecessary suffering; or (b) are indiscriminate, in that: (i) they are not, or cannot be, directed against a specific military objective; or (ii) their effects cannot be limited as required by international law as reflected in this document.
- 43. It is prohibited to order that there shall be no survivors, to threaten an adversary therewith or to conduct hostilities on this basis.
- 44. Methods and means of warfare should be employed with due regard for the natural environment taking into account the relevant rules of international law. Damage to or destruction of the natural environment not justified by military necessity and carried out wantonly is prohibited.
- 45. Surface ships, submarines and aircraft are bound by the same principles and rules. SECTION II : PRECAUTIONS IN ATTACK
- 46. With respect to attacks, the following precautions shall be taken:
- (a) those who plan, decide upon or execute an attack must take all feasible measures to gather information which will assist in determining whether or not objects which are not military objectives are present in an area of attack;
- (b) in the light of the information available to them, those who plan, decide upon or execute an attack shall do everything feasible to ensure that attacks are limited to military objectives;
- (c) they shall furthermore take all feasible precautions in the choice of methods and means in order to avoid or minimize collateral casualties or damage; and
- (d) an attack shall not be launched if it may be expected to cause collateral casualties or damage which world be excessive in relation to the concrete and direct military advantage anticipated from the attack as a whole; an attack shall be cancelled or suspended as soon as it becomes apparent that the collateral casualties or damage would be excessive.
Israel acted 100 percent correctly in compliance with international law while Turkey, whose history has for centuries consisted primarily of military aggression (e.g. Constantinople in 1453, Vienna in 1683), menaces to regional peace (conflicts with Greece), and genocide (Armenia, 1915-1922) is in clear-cut violation of international law. End of story.