First, i don't want to say who'sright or who's wrong, i am not there, most of you guys who read this question or answer this question were not there when it happens. We cannot say for sure if Israel action were right or wrong. What i will do is, try to explain on the international maritime law aspect.
Is the Israeli bording legal?
According to interational law of water, any ship can be boarded in international water as long as either the following 2 requirments are fulfilled.
1.) The suspection of conducting piracy.
Navies of any nation can conduct boarding search on such vessel if the vessel are suspected to conduct piracy in international water. Example includes Somalian Pirate exclusion zone established in 2006 (Combine Task Force 150)
2.) The vessel bounded for zone of military action.
When a ship trying to break though a militarised naval zone which were established prior in international water (Which include naval exercises, military blockade, search and rescue zone and economic exclusion zone.) The navy or navies conducting military operation in those area can freely board such vessel.
Example include, US naval blockade to iran, Soviet Naval Blockade to Afghanistan, Chinese Naval Blockade to Taiwan outter island.
According to those international law, Israel can legally board those vessel even they are in international water as per Israel Naval Blockade to Gaza 2007. This is a UN Sanctioned Naval Blockade, which give the Israel right to board any ship apporach the Gaza Blockade.
Is the Israeli legally open fire?
For self defence, the act of self defend must be apporiate to the threat that preceived, an inapporiation of reaction is not consider as a self defence.
Unless Israel can show proof that their boarding crew were fire upon, then open fire on an otherwise non-lethal violent crowd is not legal in this sense.
Then again, none of us were there, as a result, we cannot really say who's at fault or what, i am just trying to explain the incident in a legal aspect
2010-06-06 05:56:24 補充:
to 003:
Someone say something is illegal does not mean that things is illegal in term of law. If you think that's illegal blockade, file a compaint to either The Hague Maritime Court and UN Security Council. They will revoke the blockade if the Blockade iturns outto be Illegal AFTER TRIAL.
2010-06-06 05:57:35 補充:
When the blockade was passed from the UN, then it's legal, if you think otherwise challege it in court, not to break the blockade yourselve.
2010-06-06 05:58:37 補充:
When you see someone blocking your access road, you don't go charge them with a knife, you call the police now, don't you?
2010-06-06 16:44:01 補充:
Ok, first thing first. Something about the blockade
The Naval Blockade was a produce after 2006-2007 Economic economic sanctions against the Palestinian National Authority.
The sanction is established via Israel and Quartet on the Middle East.
2010-06-06 16:45:08 補充:
Quartet on the Middle East contain :
United Nation
United States
European Union
Russia and
United Kingdom
2010-06-06 16:45:58 補充:
2006–2007 economic sanctions against the Palestinian National Authority
Reference -
http://en.wikipedia.org/wiki/2006%E2%80%932007_economic_sanctions_against_the_Palestinian_National_Authority#Blockade_of_the_Gaza_Strip
2010-06-06 16:46:23 補充:
Quartet on the Middle East
Reference -
http://en.wikipedia.org/wiki/Quartet_on_the_Middle_East
2010-06-06 16:48:18 補充:
As the Sanction was terminated on June 2007, it was replaced by a stricter Naval Blockade after the battle of Gaza after the Hamas violate the international laws regarding law of peace in Gaza Stripes.
2010-06-06 16:50:15 補充:
In legality, the blockade is validate by the UN sanction on 2007, unfortunately, i cannot quote the Resolution but i did quote all the necessary reference. You can probably spend some time to read them.
2010-06-06 16:51:56 補充:
Look, i am not trying to defend Israeli Action, i just want to point out the fact via the aspect of law.
As none of us were in the ship that day, we cannot say for sure wether or not the israeli open fire on unarmed civilian, violent crowd or Armed individual
2010-06-06 16:52:41 補充:
No way we can know if the action of Israeli navy was right, but the action of boarding is justified, by the maritime court and apporiate law.
2010-06-06 16:55:13 補充:
Also, i just want to point out that in most of the case, UN human right affair were almost always object to every decision UN Security Council made.
2010-06-06 16:55:19 補充:
Just look up 1993 Somalia Crisis and 2009 North Korea Sanction (UNSCR1874) both sanction by Security Council were objected by the Human Right affair....
2010-06-06 16:57:46 補充:
And finally the naval blockade was not only erect by israel, Egypt wqere also imposing blockade on their size of Gaza. Incooperate with the israeli
2010-06-09 17:17:37 補充:
Normally, i would just stop agruing as you are not being subjective enough, as it will just waste my time. But i will just do this one more time
2010-06-09 17:19:10 補充:
反對歸反對,如果封鎖是UN通過的決議案,聯合國的人權事務專員絕對不會說是非法!
Well, you need to know, UN have many department, not all of them involve Legalise sanctioning action. Nor will they have any comment can impact on UN sanction actions.
2010-06-09 17:20:02 補充:
my wife used to work for UNICHEF she is an official UN worker (Have both UN passport and ID) and she is almost always object to any UNSCR while she is working for the UN.....
2010-06-09 17:25:33 補充:
Let me quote you an example, ISAF (International Security Assistance Force)
It is a UN Security Mandated Operation thru UNSC-
S/RES/1386, S/RES/1413, S/RES/1444, S/RES/1510, S/RES/1563, S/RES/1623, S/RES/1659, S/RES/1707, S/RES/1776(2007)
2010-06-09 17:26:27 補充:
The same person you quote on the question have address an official objection after the Civilian Bombing in 2002.
2010-06-09 17:28:00 補充:
And the Fact to the matter is, while the 2007 UN Economic Sanction is Terminated (Keyword: Notice it was TERMINATED not LIFTED) Since the Resolution is not lifted AND there are no counter Measure to lift the blockade.
2010-06-09 17:28:43 補充:
Under the international law, the blockade isstill in effect, and is still legal as the STATUS HAS NOT BEEN LIFTED BY THE UN
This is the legal status as of 2010.
2010-06-09 17:32:12 補充:
UN resolution does not expire, unless it have introduced a counter resolution to overceed the previous one.
Example: UNSC Resolution 794 is to introduce UNOSOM II which insert the multinational force in somalia
2010-06-09 17:32:49 補充:
To finished the UNOSOM UN need to introduce a Resolution to finish the Deployment, which is UNSC Resolution 954
2010-06-09 17:36:13 補充:
Since there are no UN resolution to counter the 2006-07 resolution, the operation is not expired.
2010-06-09 17:40:02 補充:
And by the way, WHat i said was only limited to the legality of Israeli boarding the ship, NOT WHAT THEIR ACTION AFTERWARD.
As i said it 3 times here, Boarding the ship is legal, I don't know wether firing is justified as i was not there, they may or may not had taken fire.
2010-06-09 17:42:24 補充:
Simply speaking, Israeli, as a nation's navy can board any ship bound in international water if they suspect the questioned ship is a pirate. You can board them, but if you are not at threat, you cannot fire at them.
2010-06-09 17:44:14 補充:
You can quote whoever said anything in the internet, it does not mean it is true, but if you can quote an example on why the blockade is illegal, only that will counted as something.
2010-06-15 17:13:07 補充:
to be honest, from the surface evidence (Including the video regrading the Ship crew beating up Israeli soldier) The Israeli action should be over approiate, which should be illegal, if that is all the evidence Israeli can give, then the case should have a high chance to rule against Israeli.
2010-06-15 17:16:18 補充:
The key points again is, there is no order or no action to order israeli to lift the blockade BEFORE the incident. Technically, the boarding is still under UN sanction.
2010-06-15 17:16:26 補充:
Again, when you see someone sitting outside your door in the public walkway, you will not try to charge the man itself, you will call the cops. This is exactly what the ship's crew did, they charge the blockade wether or not the blockade is legal, but the action itself should be reprimanded,
2010-06-15 17:17:17 補充:
I will have to say, both side is responsible for the incident
參考: My brother was in the Navy and my wife is an international lawyer