The Israeli military on July 27 intercepted [7] a civilian vessel, detaining 21 international activists and journalists who were aiming to break Israel’s naval blockade of Gaza. In a statement, the Freedom Flotilla Coalition, an international grassroots [8] network of human rights and civil society organizations, declared that its vessel Handala was "violently intercepted" by the Israeli military, seizing all cargo, including essential food, medical supplies and baby formula.
According to the network, the attack on the Handala is the third against the Freedom Flotilla this year, following the "drone bombing of civilian ship Conscience" in European waters in May, and the seizure of Madleen [13] in June, when 12 civilians were "abducted" by Israeli forces.
Furthermore, the network stated that the Israeli military acted in international waters, thus violating international maritime law. Article 87 of the United Nations Convention on the Law of the Sea (UNCLOS), for example, grants [14] freedom of navigation to all ships flying a recognized flag, except in cases of piracy, slavery or unauthorized broadcasting. Despite Israel not being a party to UNCLOS, many of its principles are deemed [15] customary international law.
Additionally, Article 92 of UNCLOS states [16] that ships on the high seas—those that extend [17] beyond a country’s territorial waters—are subject to the exclusive jurisdiction of the flag state or the country whose flag the ship is flying.
Following the interception, the Israeli Foreign Ministry released [18] a statement asserting that while the ship had not yet entered the Gaza maritime zone, it posed a danger to the "ongoing humanitarian efforts."
In addition to maritime law, Article 23 of the Geneva Convention stipulates [19] that a signatory party of the convention has an obligation to allow the free passage of "all consignments of medical and hospital stores" intended only for civilians of another signatory party. The rule particularly applies when aid is provided to a civilian population undergoing occupation, with the UN deeming [20] Gaza to be an occupied territory.
From JURIST [21], July 28. Used with permission.
