zaterdag 29 mei 2010

Sarah Weiss Maudi (IMFA) over de legale aspecten van de Gaza hulp en blokkade

De "Free Gaza" activisten vloot had vandaag (vrijdag) al in de Gazastrook willen aankomen, maar zou vertraging hebben door enkele technische mankementen, en wellicht doordat Cyprus toegang tot haar wateren heeft geweigerd. Ze hopen nu om zaterdag te landen, maar het lijkt er niet op dat Israel dat zal toelaten. De activisten wapperen met (vermeend) internationaal recht en willen de Israelische blokkade van de strook breken. Het lijkt meer een politieke en publicitaire aktie dan een humanitaire missie. De meegebrachte goederen zouden zeker welkom zijn in Gaza, maar ik heb nog niet gelezen dat in de Gazastrook ook maar één kind van de honger is omgekomen. Menige streek in Afrika zou de hulpgoederen harder kunnen gebruiken.
Israel meent in haar volle recht te staan om de strook, inclusief toegang vanaf zee, te blokkeren. Hamas voert daar immers een openlijk vijandig regime, en dat Israel weigert te erkennen en dag in dag uit de oorlog verklaart.

MFA legal expert Sarah Weiss Maudi on the legal aspects of Gaza aid
Israeli Ministry of Foreign Affairs
26 May 2010

A maritime blockade has been imposed by Israel off the coast of Gaza because Israel is currently in a state of armed conflict with the Hamas regime that controls Gaza.


Interviewer: Today we are with Sarah Weiss Maudi. She is the Israel Foreign Ministry's expert on maritime and humanitarian law. Sarah, we would like to ask you a few questions about Gaza. First of all, why is it that Israel can prevent ships from reaching Gaza?

Ms. Weiss Maudi: The reason why ships can't come into Gaza currently is because a maritime blockade is currently in effect off the coast of Gaza. Such a blockade has been imposed by Israel because Israel is currently in a state of armed conflict with the Hamas regime that controls Gaza. Hamas has repeatedly bombed civilian targets in Israel proper with weapons that have been smuggled into Gaza by various routes, including the sea. Under international maritime law, when a maritime blockade is in effect, no vessels can enter the blockaded area. That includes both civilian vessels and enemy vessels. Any vessel that violates or attempts to violate the maritime blockade may be captured or even attacked. Maritime blockades are a legitimate and recognized measure under international law, and may be implemented as part of an armed conflict at sea.

Interviewer: So this is a recognized maritime practice?

Ms. Weiss Maudi: Exactly. Various naval manuals, including the naval manuals of the US and UK recognize the maritime blockade as an effective naval measure that can be implemented in times of armed conflict. And those manuals give various criteria for making a blockade valid, including the requirement to give due notice of the blockade. Israel, in accordance with the requirements of international law, has publicized the existence of the blockade currently in effect and has published the exact coordinates of the blockade via the accepted international professional maritime channels.

Interviewer: Okay. So this blockade should not surprise anyone.

Ms. Weiss Maudi: Exactly.

Interviewer: Now, let's talk about the transfer of supplies over land. Why can Israel decide what goes in and what can't?

Ms. Weiss Maudi: In order to answer that question, we need to think about the events of the past few years.

In 2005, Israel completed its disengagement plan and completely withdrew from the Gaza Strip, so that no Israeli military or civilian presence remained in the Gaza Strip. The disengagement plan ended Israel's effective control of the Gaza Strip after almost 40 years of effective control.

Interviewer: Does this mean that Israel no longer occupies Gaza?

Ms. Weiss Maudi: Exactly. The effective control of Gaza has ended. What currently exists is a state of armed conflict. What happened after disengagement was that Israel had hoped that the disengagement would be used as a springboard for more positive relations with our neighbors in Gaza. But actually, the opposite occurred and instead of positive relations happening, the terrorist organization of Hamas seized power in Gaza and stepped up the rocket and mortar attacks on Israeli communities and towns in Israel proper adjacent to the Gaza Strip.

Therefore, in light of the Hamas-sponsored attacks on Israeli civilian targets, Israel undertook a number of measures against the Hamas regime. One of these measures is the imposition of economic sanctions against the Hamas regime in Gaza.

Interviewer: Is this a common practice?

Ms. Weiss Maudi: It is a very common practice. Under international law, every state gets to decide what goes in and out of its borders.  Also under international law, every state gets to decide whether it wants to forge economic relationships with any entity or state. Similarly, a country has a sovereign right to decide whether to impose economic sanctions on any enemy state or entity.

I want to emphasize that this is not an act of collective punishment - the imposition of economic sanctions. Rather, this is a measure to put pressure on a regime that is attacking Israel's citizens.  Under international law Israel has a basic right to defend and protect its citizens.

Such economic penalties have been imposed throughout modern history. There are many examples of bilateral sanctions: the US against Syria, against Libya, and these policies are imposed as a consequence of certain policies undertaken by a certain regime. In the international arena these are considered a legitimate and effective tool to exert pressure on terrorist or other regimes, such as that of the Hamas terrorist regime.

Interviewer: So how do we make sure that our actions are against the regime, but not against the citizens?

Ms. Weiss Maudi: Well, Israel has a humanitarian obligation to make sure that certain vital humanitarian interests are met and that supplies go in. But I want to emphasize that Israel is under no obligation to supply non-vital goods or goods that could give Hamas a military or economic advantage. That is why Israel limits, for example, the supply of concrete into the Gaza Strip. Concrete could be used to mould rockets. It could be used to build reinforced bunkers which are clearly for military purposes against Israel.

I want to emphasize that Israel supplies Gaza with large quantities of humanitarian supplies. These include baby formula, meat, dairy products, etc. And in the last year and a half it has supplied Gaza with over a million tons of goods.

The Israel Supreme Court constantly reviews these supplies to make sure that Israel is in line with its requirements under both Israeli domestic law and international law to supply vital civilian goods that are needed. And indeed, it has confirmed that Israel has been meeting its obligations under international and domestic law.

Interviewer : Thank you Sarah for helping us understand these issues.

Ms. Weiss Maudi: You're welcome.

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