Q&A: Is Israel's naval blockade of Gaza legal?

Quantum Windbag

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May 9, 2010
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CAN ISRAEL IMPOSE A NAVAL BLOCKADE ON GAZA?
Yes it can, according to the law of blockade which was derived from customary international law and codified in the 1909 Declaration of London. It was updated in 1994 in a legally recognized document called the "San Remo Manual on International Law Applicable to Armed Conflicts at Sea."
Under some of the key rules, a blockade must be declared and notified to all belligerents and neutral states, access to neutral ports cannot be blocked, and an area can only be blockaded which is under enemy control.
"On the basis that Hamas is the ruling entity of Gaza and Israel is in the midst of an armed struggle against that ruling entity, the blockade is legal," said Philip Roche, partner in the shipping disputes and risk management team with law firm Norton Rose.

OPPONENTS HAVE CALLED ISRAEL'S RAID "PIRACY." WAS IT?
No, as under international law it was considered a state action.
"Whether what Israel did is right or wrong, it is not an act of piracy. Piracy deals with private conduct particularly with a pecuniary or financial interest," Kraska said.

Q&A: Is Israel's naval blockade of Gaza legal? | Reuters
 

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