Legality of Israel’s actions against Gaza flotilla 'open to question'

Members of the group of ships of the Global Sumud Flotilla to Gaza  moored at the small island of Koufonisi, south of the island of Crete, on September 26. Picture: Eleftherios Elis/AFP via Getty

The legality of Israel’s actions against the Gaza flotilla is “open to question”, according to a leading maritime security expert.

Professor Ian Speller, director of the Centre for Military History & Strategic Studies at Maynooth University, said international law “protects the right to the freedom of navigation outside territorial waters”.

He told the Irish Examiner that there are very few exceptions to this, including piracy, slave trade, illegal broadcasting and stateless ships.

“However, a state can legally stop a ship if it is enforcing a lawful blockade,” he said. 

“The key issue here might be whether or not the Israeli blockade can be considered lawful.” 

The last boat of the 42 vessels in the Gaza humanitarian flotilla that sought to breach Israel’s 16-year maritime blockade was intercepted by Israeli forces on Friday.

The Israeli foreign ministry said procedures were under way to deport the participants in its custody, which organisers have put at about 450 people. 

Prof Speller, author of numerous books and academic articles on naval warfare and maritime strategy, said the San Remo Manual on International Law Applicable to Armed Conflict at Sea (1994) sets out the conditions for a lawful blockade.

He said it must be formally declared, effectively enforced, impartially applied and not applied to neutral ports.

“It does not allow for the interdiction of humanitarian aid to civilians,” he said. 

“Attempts to block the delivery of such aid could be considered contrary to customary international law, but note that Israel declares that it is willing for such aid to be delivered but that this must occur through routes and agencies that it controls. 

"The matter, therefore, is open to some interpretation.” 

Prof Speller said the manual mandates that “if the civilian population of a blockaded territory is inadequately provided with food then the blockading party must provide free passage for foodstuffs etc”.

But he added: “Again, Israel claims that it does provide for the free passage of food etc.” 

This section of the manual that a blockade is prohibited if:

• "It has the sole purpose of starving the civilian population or denying it other objects essential for its survival”;
• "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.”