The Humanitarian Gaza Flotillas Saga

Billo_Really, et al,

WOW, this is really something. I have never seen someone as wrong as you are --- so often as you are.

Bottom line is, you can grasp at straws if you want, but the ship declared that they were going to break through the blockade.
It doesn't matter what bullshit excuse you try to use, YOU CANNOT STOP A SHIP IN INTERNATIONAL WATERS! PERIOD!
(COMMENT)

The San Remo Manual on International Law Applicable to Armed Conflicts (AKA: The San Remo Manual) is actually the Customary International Humanitarian Law (IHL) doctrine that discusses at length the legality of a naval blockade. The most dangerous Naval Blockade ever instituted was the 200nm blockade around Cuba in October 1962; to prevent the arrival of Soviet Nuclear Missiles.

The United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS) generally speaks to conditions around the "Right of Innocent Passage." But it is not the authority on issues involving armed conflict on the high seas or international waters. That is reserved for the San Remo Manual. I've never done investigations for an Admiralty Court, but my associates have. And from what I gather, it is really complex law. The San Remo Manual stipulates five main conditions concerning the imposition of a legal naval blockade during the course of an armed conflict.

(1) must be declared and notified;
(2) must be effective, which is deemed a question of fact;
(3) must be applied impartially to all vessels;
(4) cannot prevent access to the ports and coasts of neutral states; and
(5) must comply with certain humanitarian law obligations.

This criteria is found in:
SECTION II : METHODS OF WARFARE San Remo Manual:
Blockade

93. A blockade shall be declared and notified to all belligerents and neutral States.

94. The declaration shall specify the commencement, duration, location, and extent of the blockade and the period within which vessels of neutral States may leave the blockaded coastline.

95. A blockade must be effective. The question whether a blockade is effective is a question of fact.

96. The force maintaining the blockade may be stationed at a distance determined by military requirements.

97. A blockade may be enforced and maintained by a combination of legitimate methods and means of warfare provided this combination does not result in acts inconsistent with the rules set out in this document.

98. Merchant vessels believed on reasonable grounds to be breaching a blockade may be captured. Merchant vessels which, after prior warning, clearly resist capture may be attacked.

99. A blockade must not bar access to the ports and coasts of neutral States.

100. A blockade must be applied impartially to the vessels of all States.

The idea that "YOU CANNOT STOP A SHIP IN INTERNATIONAL WATERS! PERIOD!" is just plain nonsense. 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.

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
(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.
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:

(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.
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.​

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 Respectfully,
R


"I have never seen someone as wrong as you are --- so often as you are."

Uhhh, have you forgotten about Tinmore, Rocco?
 
WOW, this is really something. I have never seen someone as wrong as you are --- so often as you are.
Go **** yourself! I've never seen you win one debate, with all your bullshit data dumps. Every time you argue with Tinny or Monte, they make you their *****!

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...


(1) must be declared and notified;
(2) must be effective, which is deemed a question of fact;
(3) must be applied impartially to all vessels;
(4) cannot prevent access to the ports and coasts of neutral states; and
Okay, I'll give you this one.

(5) must comply with certain humanitarian law obligations.​
Uh oh, things are going to get rocky...
This criteria is found in:
SECTION II : METHODS OF WARFARE San Remo Manual:
Blockade

93. A blockade shall be declared and notified to all belligerents and neutral States.

94. The declaration shall specify the commencement, duration, location, and extent of the blockade and the period within which vessels of neutral States may leave the blockaded coastline.

95. A blockade must be effective. The question whether a blockade is effective is a question of fact.

96. The force maintaining the blockade may be stationed at a distance determined by military requirements.

97. A blockade may be enforced and maintained by a combination of legitimate methods and means of warfare provided this combination does not result in acts inconsistent with the rules set out in this document.​
This is another problem with your argument, this is not a war. It is a belligerent occupation.

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.)"


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.

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.

(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 *****.


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.


(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.


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.

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 Respectfully,
R
Most of what you posted as the requirements for a legal blockade, Israel does not meet.

Is Israel's blockade of Gaza against the law?
"Many consider Israel's blockade to be on very shaky legal ground. Its status in the West Bank and Gaza is widely viewed as a belligerent occupation, despite the 2005 disengagement. Belligerent occupation is different from a true state of war and may not confer the technical right to form a blockade. Second, Sunday's incident occurred 40 miles off the coast of Gaza, well outside the traditional blockade range. Finally, Israel has allegedly been firing on Palestinian fisherman, which is absolutely illegal."


Now get this through your fuckin' head, Israel is not the king of the world. You cannot do whatever you ******* please.
 
Is Bigmouth with the low IQ playing with his toy boats again?

pirate-bathtub-illustration-depicts-man-eye-patch-captains-hat-playing-toy-boat-30633580.jpg
Isn't it time for another "Mufti Moment"?
 
WOW, this is really something. I have never seen someone as wrong as you are --- so often as you are.
Go **** yourself! I've never seen you win one debate, with all your bullshit data dumps. Every time you argue with Tinny or Monte, they make you their *****!

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...


(1) must be declared and notified;
(2) must be effective, which is deemed a question of fact;
(3) must be applied impartially to all vessels;
(4) cannot prevent access to the ports and coasts of neutral states; and
Okay, I'll give you this one.

(5) must comply with certain humanitarian law obligations.​
Uh oh, things are going to get rocky...
This criteria is found in:
SECTION II : METHODS OF WARFARE San Remo Manual:
Blockade

93. A blockade shall be declared and notified to all belligerents and neutral States.

94. The declaration shall specify the commencement, duration, location, and extent of the blockade and the period within which vessels of neutral States may leave the blockaded coastline.

95. A blockade must be effective. The question whether a blockade is effective is a question of fact.

96. The force maintaining the blockade may be stationed at a distance determined by military requirements.

97. A blockade may be enforced and maintained by a combination of legitimate methods and means of warfare provided this combination does not result in acts inconsistent with the rules set out in this document.​
This is another problem with your argument, this is not a war. It is a belligerent occupation.

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.)"


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.

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.

(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 *****.


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.


(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.


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.

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 Respectfully,
R
Most of what you posted as the requirements for a legal blockade, Israel does not meet.

Is Israel's blockade of Gaza against the law?
"Many consider Israel's blockade to be on very shaky legal ground. Its status in the West Bank and Gaza is widely viewed as a belligerent occupation, despite the 2005 disengagement. Belligerent occupation is different from a true state of war and may not confer the technical right to form a blockade. Second, Sunday's incident occurred 40 miles off the coast of Gaza, well outside the traditional blockade range. Finally, Israel has allegedly been firing on Palestinian fisherman, which is absolutely illegal."


Now get this through your fuckin' head, Israel is not the king of the world. You cannot do whatever you ******* please.
Huge fail on that impotent response.

"This is not an armed conflict" seems to typify your cluelessness and refusal to understand objective data.

Flailing your Pom Poms in support of your Islamist terrorist heroes is standard fare for you but really, shortstop, get a clue.
 
Keep Calm and Seek the Truth Challenger.. Turns out your Husni al Za'im was a left-over Ottoman military officer that led a bloodless coupe of Syria. Shortly thereafter --- he was deposed and executed. That's the problem with making deals with so-called Palestinian leadership. They tend to lead dangerous and short lives for the most part.

That agreement would have worth maybe a falafel sandwich without the drink... This guy was "president" for literally 7 months before his neck was stretched out. And more than likely was CIA backed.

I'm calm, always have been. Husni-al-Za'im was the President of Syria when he made the offer. The success of his coup was dependant on making a just peace with the Zionist state, when his attempt failed, his days were numbered, just like Sadat when he made peace after the 1973 war. Didn't make the offer any less genuine. Ben Gurion hung him out to dry. The Zionists have never wanted peace and don't want it now. "Greater Israel" is the goal, from the Euphrates to the sea.

So your position is --- It's ISRAEL's fault that this guy only lasted 7 months??? :lmao: :lmao: :lmao:
That you would believe his seizure of power was ruined by only by his failure to cuddle up to
"the Zionist Entity".. This is entertaining.. For sure..

Ben Gurion could have been as reality challenged as our John Fraud Kerry and STILL realized that this guy was a "dead man walking" and NOT an opportunity for peace.

Hindsight is always 20/20 isn't it? Nobody knew then how long he'd last. My position is that "peace loving" Zionist Israel never made the effort. What could they have lost if the deal went south? They were at war with their neighbours already, so nothing lost there if it did. If, however, the deal held they'd have a stable northern border, a split amongst their enemies and no Palestinian refugee problem to worry about in the future. The prospect would be worth exploring to any politician who really desired to live in peace with his neighbours; unfortunately Ben Gurion and Zionist Israel had no intention of making peace, then or since.

Lot of if's, there Mouseman.. You could GUARANTEE there would be no Palestinian Zionist movement today if only this clown had made that deal.. ??? Grant you -- it's an interesting historical oddity.. But so was that coupe and this guy who left office in a casket...

Oh, ye gods and little fishes, you cannot be that naive! The only thing in life you an ever GUARANTEE is death...and taxes, of course.
 
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...
(COMMENT)

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...
(COMMENT)

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.
(COMMENT)

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.)"
(COMMENT)

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



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.
(COMMENT)

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.
(COMMENT)

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 *****.
(COMMENT)

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.
(COMMENT)

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.
(COMMENT)

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.
(COMMENT)

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.

Is Israel's blockade of Gaza against the law?
"Many consider Israel's blockade to be on very shaky legal ground. Its status in the West Bank and Gaza is widely viewed as a belligerent occupation, despite the 2005 disengagement. Belligerent occupation is different from a true state of war and may not confer the technical right to form a blockade. Second, Sunday's incident occurred 40 miles off the coast of Gaza, well outside the traditional blockade range. Finally, Israel has allegedly been firing on Palestinian fisherman, which is absolutely illegal."
(COMMENT)

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.
(COMMENT)

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
 
P F Tinmore, et al,

Remembering that HAMAS is a recognized terrorist organization.
Remembering that HAMAS provides safe haven and material support to other terrorist organizations like the Palestinian Islamic Jihad.
Remembering that HAMAS, as a government entity, exercises both the threat and use of force against the territorial integrity and political independence of the State of Israel, as recognized by General Assembly Resolution 273 (III). Admission of Israel to membership in the United Nations --- in a manner inconsistent with Chapter I, Article 2(4), United Nations.

Smuggling is bringing something into a country illegally.

What law are they violating?
(COMMENT)

The basic law is in the form of a Treaty.

ARMS TRADE TREATY
Article 6
Prohibitions

Opened for signature in New York: 3 June 2013
Entry into force: 24 December 2014

1. A State Party shall not authorize any transfer of conventional arms covered under Article 2 (1) or of items covered under Article 3 or Article 4, if the transfer would violate its obligations under measures adopted by the United Nations Security Council acting under Chapter VII of the Charter of the United Nations, in particular arms embargoes.

2. A State Party shall not authorize any transfer of conventional arms covered under Article 2 (1) or of items covered under Article 3 or Article 4, if the transfer would violate its relevant international obligations under international agreements to which it is a Party, in particular those relating to the transfer of, or illicit trafficking in, conventional arms.

3. A State Party shall not authorize any transfer of conventional arms covered under Article 2 (1) or of items covered under Article 3 or Article 4, if it has knowledge at the time of authorization that the arms or items would be used in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes as defined by international agreements to which it is a Party.

HAMAS, and the Palestinian State in general, has: S/RES/1373 (2001)

FAILED TO refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts, including by suppressing recruitment of members of terrorist groups and eliminating the supply of weapons to terrorists;

FAILED TO deny safe haven to those who finance, plan, support, or commit terrorist acts, or provide safe havens;

Most Respectfully,
R
So, under domestic and international law the US cannot supply arms to Israel.
Pointless. It's pretty clear that your tender sensibilities are offended when facts are presented delineating your Islamic terrorist heroes for precisely what they are.
 
Huge fail on that impotent response.

"This is not an armed conflict" seems to typify your cluelessness and refusal to understand objective data.

Flailing your Pom Poms in support of your Islamist terrorist heroes is standard fare for you but really, shortstop, get a clue.
Typical Hollie. Personally attacking other posters without providing a shred of topical content.
 
Huge fail on that impotent response.

"This is not an armed conflict" seems to typify your cluelessness and refusal to understand objective data.

Flailing your Pom Poms in support of your Islamist terrorist heroes is standard fare for you but really, shortstop, get a clue.
Typical Hollie. Personally attacking other posters without providing a shred of topical content.
Typical Loinboy response. Nothing approaching a coherent response.
 
Billo_Really, et al,

Oh! Just wait a minute here.

Huge fail on that impotent response.

"This is not an armed conflict" seems to typify your cluelessness and refusal to understand objective data.

Flailing your Pom Poms in support of your Islamist terrorist heroes is standard fare for you but really, shortstop, get a clue.
Typical Hollie. Personally attacking other posters without providing a shred of topical content.
(COMMENT)

Our friend "Hollie" did not make an ad hominem attack at all. "Hollie" made a legitimate critique of the commentary provided. The fact that someone (anyone) could possibly suggest (as Hollie points out) that HAMAS (representing the population of the Gaza Strip) is unarmed and not involved in an armed conflict, is simply totally unaware of the ground truth and reality of the situation.

Not only do I think the observation "Hollie" made --- is quite accurate; but, it was also clear, concise and to the point. I was absolutely on target as an appropriate response to the comment made.

Most Respectfully,
R
 
I'm not sure you are a true observer.
I am sure, you don't care about the truth.


Oh, I don't think there is any question as to whether or not it is an armed conflict.
There is a very big question, when one side is not allowed to have arms.

The Islamic Resistance Movement (HAMAS) does not deny that they fire rockets and mortars into Israel;
In response to Israeli aggression.

nor do they deny that they conduct cross-border operations (kidnapping, murder, bombings, ambushes, etc) into Israel.
Both sides are guilty of that, with Israel taking the lions share of attacks.

"After the withdrawal comes a period of low-intensity warfare by different Palestinian organizations against Israel and from the Israeli military against Gaza. During 2005-2007 approximately 2700 locally manufactured rockets are fired from Gaza into Israel, resulting in 4 dead and 75 wounded Israelis. During the same period the IDF fires approximately 14600 shells into Gaza, killing 57 and wounding 270. There were also raids performed by both parties and repeated Israeli air attacks. Israeli blockades of commerce and travel is a repeatedly used instrument."

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?​
The answer is no, on both counts.


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.
They aren't playing the part, they are innocent victims. Listen asshole, 1.5 million Gazans, are not terrorists.

Relative to Customary International Humanitarian Law...
Blah, blah, blah.........spare me your unrelated data dumps.



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.​
When people are prevented from leaving the area to go to work, that is "under the authority" of a foreign force.

"The 2005 disengagement supposedly signaled the end of the Israeli occupation of Gaza. But, in reality, it brought more Israeli limitations on the movement of both people and goods. While the 2005 Agreement on Movement and Access -- brokered by the US and signed by both Israel and the Palestinian Authority -- should have eased those restrictions, it didn’t.

The number of day laborers exiting Gaza via the Erez crossing offers a dramatic example. In January of 2000, before the Second Intifada began, an average of 17,635 day laborers passed through Erez every day. In January of 2005, that number had dropped to 49."
If there was no authority, how could restrictions possibly increase after the disengagement?

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.
You're full of shit! If that was true, then why did Israel start the blockade back in 1991, long before Hamas hit the scene.

"...the gradual closure of Gaza began in 1991, when Israel canceled the general exit permit that allowed most Palestinians to move freely through Israel and the occupied Palestinian territories. It was then that non-Jewish residents of Gaza and the West Bank were required to obtain individual permits."


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.​
Nothing there say's you can have a blockade in international waters.


I mentioned them in the effort of clarity and honesty --- BUT --- sure, let's go into them.

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.
Oh yes it is and the Israeli's already admitted this.

"during the First Intifada. While the mere mention of the word invokes the image of suicide bombers in the Western imagination, it’s important to bear in mind that the First Intifada began as a non-violent uprising comprised of civil disobedience, strikes, and boycotts of Israeli goods.

So, that the general exit permit was canceled during this time suggests that this early hit on Palestinian freedom of movement was not rooted in security concerns. It seems, rather, a retributive act, intended to punish Palestinians for daring to resist the Israeli occupation."
In addition to that, you have no right telling Gazans they can't have weapons.


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.
Again, Gazans have a right to have weapons to defend themselves.

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.
You're a ******* hypocrite! Why don't you take responsibility for Israeli aggression, which is causing all the rocket fire?

This is ridiculous. It's taken almost an your to respond to your fucked up , inhuman posts.

**** you!

Respectfully,
billo
 
Billo_Really, et al,

Oh! Just wait a minute here.

Huge fail on that impotent response.

"This is not an armed conflict" seems to typify your cluelessness and refusal to understand objective data.

Flailing your Pom Poms in support of your Islamist terrorist heroes is standard fare for you but really, shortstop, get a clue.
Typical Hollie. Personally attacking other posters without providing a shred of topical content.
(COMMENT)

Our friend "Hollie" did not make an ad hominem attack at all. "Hollie" made a legitimate critique of the commentary provided. The fact that someone (anyone) could possibly suggest (as Hollie points out) that HAMAS (representing the population of the Gaza Strip) is unarmed and not involved in an armed conflict, is simply totally unaware of the ground truth and reality of the situation.

Not only do I think the observation "Hollie" made --- is quite accurate; but, it was also clear, concise and to the point. I was absolutely on target as an appropriate response to the comment made.

Most Respectfully,
R
O' contraire Mr. R,
Who's "impotent response", was she referring to?
Who's "cluelessness", was she referring to?
Who's "refusal to understand objective data", was she referring to?
Who's "pom poms", was she accusing of "flailing"?
Who was she calling "shortstop"?​
Where, in any of that post, did she state "why" the response was "impotent"? Why, was I "clueless"? What, "objective data" did I not understand?

Everything she posted, was directed at me personally. There was no relevant content in regards to the OP.
 
Billo_Really, et al,

Oh! Just wait a minute here.

Huge fail on that impotent response.

"This is not an armed conflict" seems to typify your cluelessness and refusal to understand objective data.

Flailing your Pom Poms in support of your Islamist terrorist heroes is standard fare for you but really, shortstop, get a clue.
Typical Hollie. Personally attacking other posters without providing a shred of topical content.
(COMMENT)

Our friend "Hollie" did not make an ad hominem attack at all. "Hollie" made a legitimate critique of the commentary provided. The fact that someone (anyone) could possibly suggest (as Hollie points out) that HAMAS (representing the population of the Gaza Strip) is unarmed and not involved in an armed conflict, is simply totally unaware of the ground truth and reality of the situation.

Not only do I think the observation "Hollie" made --- is quite accurate; but, it was also clear, concise and to the point. I was absolutely on target as an appropriate response to the comment made.

Most Respectfully,
R
O' contraire Mr. R,
Who's "impotent response", was she referring to?
Who's "cluelessness", was she referring to?
Who's "refusal to understand objective data", was she referring to?
Who's "pom poms", was she accusing of "flailing"?
Who was she calling "shortstop"?​
Where, in any of that post, did she state "why" the response was "impotent"? Why, was I "clueless"? What, "objective data" did I not understand?

Everything she posted, was directed at me personally. There was no relevant content in regards to the OP.
On the contrary, little short boy, your flaming and name-calling was addressed and you were unable to respond without your usual pointlessness.
 
WOW, this is really something. I have never seen someone as wrong as you are --- so often as you are.
Go **** yourself! I've never seen you win one debate, with all your bullshit data dumps. Every time you argue with Tinny or Monte, they make you their *****!

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...


(1) must be declared and notified;
(2) must be effective, which is deemed a question of fact;
(3) must be applied impartially to all vessels;
(4) cannot prevent access to the ports and coasts of neutral states; and
Okay, I'll give you this one.

(5) must comply with certain humanitarian law obligations.​
Uh oh, things are going to get rocky...
This criteria is found in:
SECTION II : METHODS OF WARFARE San Remo Manual:
Blockade

93. A blockade shall be declared and notified to all belligerents and neutral States.

94. The declaration shall specify the commencement, duration, location, and extent of the blockade and the period within which vessels of neutral States may leave the blockaded coastline.

95. A blockade must be effective. The question whether a blockade is effective is a question of fact.

96. The force maintaining the blockade may be stationed at a distance determined by military requirements.

97. A blockade may be enforced and maintained by a combination of legitimate methods and means of warfare provided this combination does not result in acts inconsistent with the rules set out in this document.​
This is another problem with your argument, this is not a war. It is a belligerent occupation.

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.)"


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.

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.

(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 *****.


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.


(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.


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.

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 Respectfully,
R
Most of what you posted as the requirements for a legal blockade, Israel does not meet.

Is Israel's blockade of Gaza against the law?
"Many consider Israel's blockade to be on very shaky legal ground. Its status in the West Bank and Gaza is widely viewed as a belligerent occupation, despite the 2005 disengagement. Belligerent occupation is different from a true state of war and may not confer the technical right to form a blockade. Second, Sunday's incident occurred 40 miles off the coast of Gaza, well outside the traditional blockade range. Finally, Israel has allegedly been firing on Palestinian fisherman, which is absolutely illegal."


Now get this through your fuckin' head, Israel is not the king of the world. You cannot do whatever you ******* please.


"Go **** yourself! I've never seen you win one debate, with all your bullshit data dumps. Every time you argue with Tinny or Monte, they make you their *****!"

Hahahahahaha !!!! Really now ? This statement could not be more false. you know very well that Rocco has DESTROYED Tinmore on many occasions. You're such a lying Palestinian ass kisser.

It is fun however watching you have a break down :lol: :lol: :lol:
 
15th post
Huge fail on that impotent response.

"This is not an armed conflict" seems to typify your cluelessness and refusal to understand objective data.

Flailing your Pom Poms in support of your Islamist terrorist heroes is standard fare for you but really, shortstop, get a clue.
Typical Hollie. Personally attacking other posters without providing a shred of topical content.

You're the one who just attacked Rocco for no reason other than that he made you look like the fool that you are.
 
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...
(COMMENT)

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...
(COMMENT)

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.
(COMMENT)

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.)"
(COMMENT)

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.
(COMMENT)

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.
(COMMENT)

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 *****.
(COMMENT)

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.
(COMMENT)

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.
(COMMENT)

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.
(COMMENT)

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.

Is Israel's blockade of Gaza against the law?
"Many consider Israel's blockade to be on very shaky legal ground. Its status in the West Bank and Gaza is widely viewed as a belligerent occupation, despite the 2005 disengagement. Belligerent occupation is different from a true state of war and may not confer the technical right to form a blockade. Second, Sunday's incident occurred 40 miles off the coast of Gaza, well outside the traditional blockade range. Finally, Israel has allegedly been firing on Palestinian fisherman, which is absolutely illegal."
(COMMENT)

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.
(COMMENT)

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
Relative to Customary International Humanitarian Law, the terminology (as stated previously) is either "international or non-international armed conflicts;" without regard to formal declarations.​

That is the question. Is this an international conflict or not?
 
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...
(COMMENT)

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...
(COMMENT)

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.
(COMMENT)

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.)"
(COMMENT)

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.
(COMMENT)

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.
(COMMENT)

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 *****.
(COMMENT)

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.
(COMMENT)

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.
(COMMENT)

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.
(COMMENT)

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.

Is Israel's blockade of Gaza against the law?
"Many consider Israel's blockade to be on very shaky legal ground. Its status in the West Bank and Gaza is widely viewed as a belligerent occupation, despite the 2005 disengagement. Belligerent occupation is different from a true state of war and may not confer the technical right to form a blockade. Second, Sunday's incident occurred 40 miles off the coast of Gaza, well outside the traditional blockade range. Finally, Israel has allegedly been firing on Palestinian fisherman, which is absolutely illegal."
(COMMENT)

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.
(COMMENT)

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
Relative to Customary International Humanitarian Law, the terminology (as stated previously) is either "international or non-international armed conflicts;" without regard to formal declarations.​

That is the question. Is this an international conflict or not?
I don't see that as necessarily the question. The question is: "do we take a position of uninterested observer as a virulently hateful politico-religious ideology seeks to completely cleanse an entire portion of the globe of all competing religious/ethnic/ideological entities."

Whats missing from the rhetoric of the usual Joooooo haters is any wailing about the "poor, oppressed moslems" being systemmatically slaughtered by their co-religionists across Iraq and Syria. It's moslems who are slaughtering their way through moslems. Threads such as this one exist only to placate the IJH Syndrome that oozes from a relative few and we all know who they are. The Arab/Moslem institutionalized hatred of Jews is used by arabs/moslems who seek to use the “plight of the Palestinians”™ they spurned from their own nations and lands many, many times as fodder to further their own agendas.

The institution of insensate Jew hatred (which is a function of moslem orthodoxy), was furthered by other Arabs who care less about “Palestinians” than what the “Palestinian” arabs could mean for their own political, financial, and social positions.

All of that provides a fitting context in which to consider the advent of modernity in the Middle East, and how it has contributed in its way to the Islamic extremism we now face. Make no mistake, Islamic extremism far pre-dates the dawn of the modern age in the Arab World. However, one unifying feature of these pre-modern groups, however, is that their violence was generally directed toward the Dar al-Islam itself, rather than the Western world, much like the numerous Protestant-Catholic conflicts major and minor that characterized the age following the death of Luther. Today's Islamic terrorist groups still mostly kill other Moslems, but they have acquired a new target in the modernized West, and these days the various governments of the Middle East and their enablers in the general population really are clueless as to the damage thay are causing themselves.
 
I don't see that as necessarily the question. The question is: "do we take a position of uninterested observer as a virulently hateful politico-religious ideology seeks to completely cleanse an entire portion of the globe of all competing religious/ethnic/ideological entities."

Whats missing from the rhetoric of the usual Joooooo haters is any wailing about the "poor, oppressed moslems" being systemmatically slaughtered by their co-religionists across Iraq and Syria. It's moslems who are slaughtering their way through moslems. Threads such as this one exist only to placate the IJH Syndrome that oozes from a relative few and we all know who they are. The Arab/Moslem institutionalized hatred of Jews is used by arabs/moslems who seek to use the “plight of the Palestinians”™ they spurned from their own nations and lands many, many times as fodder to further their own agendas.

The institution of insensate Jew hatred (which is a function of moslem orthodoxy), was furthered by other Arabs who care less about “Palestinians” than what the “Palestinian” arabs could mean for their own political, financial, and social positions.

All of that provides a fitting context in which to consider the advent of modernity in the Middle East, and how it has contributed in its way to the Islamic extremism we now face. Make no mistake, Islamic extremism far pre-dates the dawn of the modern age in the Arab World. However, one unifying feature of these pre-modern groups, however, is that their violence was generally directed toward the Dar al-Islam itself, rather than the Western world, much like the numerous Protestant-Catholic conflicts major and minor that characterized the age following the death of Luther. Today's Islamic terrorist groups still mostly kill other Moslems, but they have acquired a new target in the modernized West, and these days the various governments of the Middle East and their enablers in the general population really are clueless as to the damage thay are causing themselves.
What is missing, is you specifically addressing Israeli atrocities. Instead, you constantly try to hijack the topic of discussion, away from said atrocities.
 
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