Democracy Now! on the Blockade:

Red Cross: Israel Blockade of Gaza Is Illegal

The International Committee of the Red Cross has declared for the first time Israel’s blockade of Gaza to be illegal under the Geneva Conventions. In a statement, the Red Cross said, "The whole of Gaza’s civilian population is being punished for acts for which they bear no responsibility. The closure therefore constitutes a collective punishment imposed in clear violation of Israel’s obligations under international humanitarian law." The Red Cross said more than 100 essential medicines and many basic medical supplies are no longer available in Gaza due to the blockade. A new report by the Israeli human rights group B’Tselem says the blockade has led to economic collapse in Gaza: 95 percent of Gaza’s factories have closed, 98 percent of residents suffer from blackouts, and 93 percent of Gaza’s water is polluted. On Sunday, Arab League chief Amr Moussa visited the Gaza Strip and called for an end to Israel’s blockade of the Palestinian territory.

Amr Moussa: "Taking the mayonnaise and tomato sauce and shaving cream out of the list is no relaxation. This is trivial, and it leads to many of us laughing during the day about this kind of attitude, which we do not consider serious or serious enough to have us deal with such a relaxation. Relaxation means a totally different thing, and relaxation should be on the road or as a step towards the total lifting of the siege."

Here in the United States, Democratic Senator Charles Schumer praised Israel’s efforts to economically strangle the people of Gaza.

Sen. Schumer: “And to me, since the Palestinians in Gaza elected Hamas, while certainly there should be humanitarian aid, people not starving to death, to strangle them economically until they see that that’s not the way to go makes sense."

Anthony DiMaggio on UN 1860:

The U.N. Security Council has already weighed in on the blockade (of which the flotilla attack is one part), attacking it in Resolution 1860 for collectively punishing the people of Gaza. The resolution calls for “the unimpeded provision and distribution throughout Gaza of humanitarian assistance, including food, fuel, and medical treatment.” The criticism of the embargo as illegal is heavily rooted in the logic of the Fourth Geneva Convention, Article 3 of which mandates that states take all possible steps (even when formal wars have not been declared between two states) to protect noncombatants. Behavior that is expressly prohibited includes any actions that are a threat to individual life (9 civilian activists were killed in the flotilla attack). The taking of hostages (including the more than 660 seized by Israel) for political or military purposes is also prohibited. The blockade is illegal in that it violates the legal principles behind the Geneva Conventions, which were created for the general purpose of prohibiting states from engaging in collective punishment against civilians during times of conflict. Israel’s collective attack on the civilians of Gaza (and its refusal to even acknowledge that they are under assault) represents a clear violation of the spirit and letter of the Geneva Conventions.

And DiMaggio on the San Remo agreement:

• The much cited San Remo agreement, used by Israel to justify its attacks on the flotilla, is a non-starter as a legal permission slip. There is nothing in the San Remo agreement that allows a belligerent state to target and kill civilians who are known to be on a non-violent mission in international waters, especially when they are dedicated to opposing an illegal embargo. The San Remo agreement allows for countries to stop “merchant vessels” in international waters under the following conditions:

  • If the vessels “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.”
  • If the vessels “engage[s] in belligerent acts on behalf of the enemy”
  • If vessels are “act[ing] as auxillaries to the enemy’s armed forces”
  • If vessels “are incorporated into or assist the enemy’s intelligence system”
  • If vessels “sail under convoy of enemy warships or military aircraft”
  • Or if vessels “otherwise make an effective contribution to the enemy’s military action.”

There is no legitimate basis for invoking the San Remo agreement in regards to humanitarian shipments from the flotilla. There is no reason to believe the ships were contributing to Hamas’ military power; rather they were being provided needed relief to civilians targeted by Israel’s illegal siege strategy. This basic reality means that five of the six provisions above (B, C, D, E, and F) are inapplicable in terms of authorizing the Israeli flotilla attack. The only provision left, point “A,” does not justify actions undertaken under an illegal embargo.