Billo_Really, et al,
I'm not sure you are a true observer.
The San Remo Manual stipulates five main conditions concerning the imposition of a legal naval blockade during the course of an armed conflict.
This is not an armed conflict. How can you have an armed conflict, when one side is not allowed to have arms? Furthermore, an armed conflict infers there are two competing army's of equal strength. That is not what we have here. What we have, is the only nuclear power in the ME on one side, versus a population under occupation that isn't allowed to have weapons, a police force, a government, a military, etc...
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Oh, I don't think there is any question as to whether or not it is an armed conflict. The Islamic Resistance Movement (HAMAS) does not deny that they fire rockets and mortars into Israel; nor do they deny that they conduct cross-border operations
(kidnapping, murder, bombings, ambushes, etc) into Israel. The debate centers on two aspects questions:
1) Are these activities terrorist and jihadist activities?
2) Are these armed actions constitute either international or non-international armed conflicts?
(5) must comply with certain humanitarian law obligations.
Uh oh, things are going to get rocky...
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Yes, this is always an arguable point. The Arab Palestinians, especially those in Gaza, nearly always play the part of the innocent victim ravaged by the Jewish Regional Power.
This is another problem with your argument, this is not a war. It is a belligerent occupation.
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Relative to Customary International Humanitarian Law, the terminology (as stated previously) is either "international or non-international armed conflicts;" without regard to formal declarations.
Protocol II, which develops and supplements Article 3 common to the Geneva Conventions of 12 August 1949 (GCIV) without modifying its existing conditions of application, applies to
all armed conflicts which are not covered by Article 1 of the Protocol Additional to the GCIV, and relating to the Protection of Victims of International Armed Conflicts (Protocol I).
Non-international armed conflicts do not include conflicts in which two or more States are engaged against each other. Nor do they encompass conflicts extending to the territory of two or more States.
The conflict between the State of Israel and HAMAS (Government of the Gaza Strip) is not truly a "belligerent Occupation" because the accused Occupying Force (Israel) does not meet the criteria:
Hague Convention of 1907 --- Article 42: Territory is considered occupied when it is actually placed under the authority of the hostile army.
The occupation extends only to the territory where such authority has been established and can be exercised.
The key here is that Israel must mount a full scale military operation to entry the Gaza Strip and exercise the authority of the Occupation Force. The Gaza Strip is not under the authority of the Israeli Defense Force as HAMAS clearly agrees with; and Israel does not have such authority as to exercise preventative law enforcement objectives such as the prevention of rocket and mortar fire from Gaza into Israel.
The idea that "YOU CANNOT STOP A SHIP IN INTERNATIONAL WATERS! PERIOD!" is just plain nonsense.
No it is not nonsense. You haven't posted one thing that says you can have a blockade in international waters.
"The quarantined area may not extend too far beyond the coast, although the law isn't specific on distance. (Many scholars interpret the language of the London Declaration to limit blockades to the standard 12 nautical miles that define territorial waters.)"
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Yes the limit of Territorial Waters is defined in:
PARt II --- SECTION 2. LIMITS OF THE TERRITORIAL SEA; UNCLOS (
United Nations Convention on the Law of the Sea of 10 December 1982)
Article 3. Breadth of the territorial sea
Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention.
This does not effect the armed conflict (exchange of hostile fire between forces) and the rules outlined in the San Remo Manual. The UNCLOS and San Remo Manual are two entirely different set of rules for two entirely different sets of conditions: UNCLOS for innocent passage, and San Remo Manual for Armed Conflicts. Don't make the mistake of trying to mix and match. As a vessel sails from one zone to another, so must the rules change.
Section V : Neutral merchant vessels and civil aircraft ---
San Remo Manual on International Law Applicable to Armed Conflicts at Sea
NEUTRAL MERCHANT VESSELS
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.
69. The mere fact that a neutral merchant vessel is armed provides no grounds for attacking it.
The maintenance of the blockade is, as you can see by paragraph 98, Force Majeure. In the establishment of a blockade, (and for the sake of clarity) there are a few prohibitions -- relative to a blockade -- that should be mentioned.
By all means, mention them. Because they prove my argument right and your argument full of shit.
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I mentioned them in the effort of clarity and honesty --- BUT --- sure, let's go into them.
102. The declaration or establishment of a blockade is prohibited if:
(a) it has the sole purpose of starving the civilian population or denying it other objects essential for its survival; or
That is exactly what this blockade is doing to the population of Gaza.
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Whether or not you believe that is "exactly what this blockade is doing" is irrelevant. The standard is whether or not the "blockade" has it as the "sole purpose" of the objective. Which is not the case. Israel
is not, as its "
SOLE PURPOSE," attempting to starve the civilian population or deny it other objects essential for its survival. In point of fact, it is not a purpose of the blockade at all.
(b) the damage to the civilian population is, or may be expected to be, excessive in relation to the concrete and direct military advantage anticipated from the blockade.
Damage to the civilian population is excessive and there was no military advantage anticipated, since the whole point of the blockade was to punish Gazans for not electing Israeli's *****.
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The objective of the Blockade is to prevent contraband weapons from being smuggled into Gaza and being fired into the sovereignty of Israel. Since the Islamic Resistance Movement (HAMAS) is still firing rockets and mortars into Israel, it is obvious that the overall strategy is not yet strong enough to achieve a decisive military advantage.
The perception, on the part of the Gazians, that the Blockade is a punishment is entirely wrong. It is, and unfortunate and unintended consequence of the Gazian supported HAMAS Government opening up hostilities against Israel. At some point, the people of Gaza must take responsibility for the consequences of their governments action.
103. If the civilian population of the blockaded territory is inadequately provided with food and other objects essential for its survival, the blockading party must provide for free passage of such foodstuffs and other essential supplies, subject to:
Well, they're certainly not doing that.
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In any armed conflict, there will bound to be hardships experienced by one side or the other; if not both. The Rules of Conflict (Land, Sea or Air) do not demand that parties to the conflict ensure a specific standard of living for the opponent. The standard is "
essential for survival."
(a) the right to prescribe the technical arrangements, including search, under which such passage is permitted; and
(b) the condition that the distribution of such supplies shall be made under the local supervision of a Protecting Power or a humanitarian organization which offers guarantees of impartiality, such as the International Committee of the Red Cross.
Israel will not allow any impartial organization into the area.
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Again, this is absolute nonsense! If you want to read the International Committee of the Red Cross blog from the ICRC resources actually in country and on station in Gaza, one needs only to read
ICRCBLOG --- Israel, Golen, West Bank and Gaza. There is a nice little article on the pro-Palestinian Propaganda piece on the recent efforts.
“Reconstruction of the Strip is grindingly slow,” said Mamadou Sow, head of the International Committee of the Red Cross (ICRC) in Gaza. “This isn’t helped by restrictions on the import of building materials. Relief is being provided by the ICRC and Palestine Red Crescent but it’s not enough, and thousands are still struggling to cope. The impact of the conflict is still being acutely felt by civilians. It will take decades to rebuild Gaza but right now our priority is to meet the urgent humanitarian needs.”
Again, this is the difference between what is "essential for survival" and what is nice to have.
You may call the ICRC Representative in Gaza @: Suhair Zakkout, ICRC Gaza, tel: +972 59 925 5381 (English, Arabic)
A list of Gaza Based NGOs can be found at:
WEBGAZA.Net
104. The blockading belligerent shall allow the passage of medical supplies for the civilian population or for the wounded and sick members of armed forces, subject to the right to prescribe technical arrangements, including search, under which such passage is permitted.
Israel doesn't do that either.
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Alternative land based routes have been established to expedite the passage process. The objective of Paragraph 104 is to ensure that if essential port arrangement are required, that they are provided. In this case, the ICRC and other NGOs do not have the port and gantry equipment necessary for container operations (loading and off-loading).
To my knowledge, since the 01/2009 Blockade Notice to Mariners, several authorities have reviewed the Israeli Blockade. As we all know, the Israeli blockade is "effective" within the meaning of the San Remo Manual.
Most of what you posted as the requirements for a legal blockade, Israel does not meet.
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I'm not sure you understand what "traditional blockade range" means. Hell, Chile, Ecuador, and Peru, that asserted jurisdiction over waters as well as shelf for as much as 200 nautical miles (370 km) offshore.
It is not uncommon for interdiction patrol craft to fire shots across the bow of ships and boats that fail to heave-to for boarding and inspection. As you already know, vessels that 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; may be fired upon. In the enforcement of the blockade, the Israeli Navy seldom does that. Usually, the Israeli Navy fires across the bow and the vessel complies. BUT, under
Section V, Paragraph 67a, failure to comply can result in the vessel being fired upon. Hostile media coverage usually reports that unarmed fishermen were shot at by the Israeli Navy when in fact, it was merely the standard --- firing across the bow.
Now get this through your fuckin' head, Israel is not the king of the world. You cannot do whatever you ******* please.
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The same might be said of the Palestinians. Although, I believe the Arab-Palestinians are in fact the Queens of self-victimization.
Most Respectfully,
R