YOU have stated that it isn't, have you any proof of this?
Nice try though.
Thank you.
Q&A: Is Israel's naval blockade of Gaza legal? | Reuters
CAN ISRAEL IMPOSE A NAVAL BLOCKADE ON GAZA?
Yes it can, according to the law of blockade which was derived from customary international law and codified in the 1909 Declaration of London. It was updated in 1994 in a legally recognized document called the "San Remo Manual on International Law Applicable to Armed Conflicts at Sea."
Under some of the key rules, a blockade must be declared and notified to all belligerents and neutral states, access to neutral ports cannot be blocked, and an area can only be blockaded which is under enemy control.
"On the basis that Hamas is the ruling entity of Gaza and Israel is in the midst of an armed struggle against that ruling entity, the blockade is legal," said Philip Roche, partner in the shipping disputes and risk management team with law firm Norton Rose.
WHAT ARE INTERNATIONAL WATERS?
Under the U.N. Convention of the Law of the Sea a coastal state has a "territorial sea" of 12 nautical miles from the coast over which it is sovereign. Ships of other states are allowed "innocent passage" through such waters.
There is a further 12 nautical mile zone called the "contiguous zone" over which a state may take action to protect itself or its laws.
"However, strictly beyond the 12 nautical miles limit the seas are the "high seas" or international waters," Roche said.
The Israeli navy said on Monday the Gaza bound flotilla was intercepted 120 km (75 miles) west of Israel. The Turkish captain of one of the vessels told an Istanbul news conference after returning home from Israeli detention they were 68 miles outside Israeli territorial waters.
Under the law of a blockade, intercepting a vessel could apply globally so long as a ship is bound for a "belligerent" territory, legal experts say.
CAN ISRAEL USE FORCE WHEN INTERCEPTING SHIPS?
Under international law it can use force when boarding a ship.
"If force is disproportionate it would be a violation of the key tenets of the use of force," said Commander James Kraska, professor of international law at the U.S. Naval War College.
Israeli authorities said marines who boarded the Turkish vessel Mavi Marmara opened fire in self-defense after activists clubbed and stabbed them and snatched some of their weapons.
Legal experts say proportional force does not mean that guns cannot be used by forces when being attacked with knives.
"But there has got to be a relationship between the threat and response," Kraska said.
The use of force may also have other repercussions.
"While the full facts need to emerge from a credible and transparent investigation, from what is known now, it appears that Israel acted within its legal rights," said J. Peter Pham, a strategic adviser to U.S. and European governments.
"However, not every operation that the law permits is necessarily prudent from the strategic point of view."
OPPONENTS HAVE CALLED ISRAEL'S RAID "PIRACY." WAS IT?
No, as under international law it was considered a state action.
"Whether what Israel did is right or wrong, it is not an act of piracy. Piracy deals with private conduct particularly with a pecuniary or financial interest," Kraska said.
HAVE THERE BEEN ANY SHIPPING DISRUPTIONS AFTER THE RAID?
None so far but the International Chamber of Shipping (ICS), an association which represents 75 percent of the world's merchant fleet, has expressed "deep concern" over the boarding by Israeli forces, arguing that merchant ships have a right to safe passage and freedom of navigation in international waters.
"These fundamental principles of international law must always be upheld by all of the world's nations," the ICS said.
For links to the maritime declarations click on:
here!OpenDocument
here
Does a state of crease-fire delete the 'armed conflict' position Israel so firmly stand on. Seems that Israel uses any time as an opportunity to re-arm themselves.
If America were to blockade Iran it is an act of war, Israel's position is there because the US back sit, Israel cannot dismiss an elected body just because they are vote in after 20 years of military occupation of Israel.
"If the US wants to implement the (draft) resolution, it would have to go for naval blockade," Tripta Parsi, head of the Washington-based National Iranian American Council, said.
"And the naval blockade, according to the International Law, is an act of war. So, it is a way to start a war without doing it with missiles and other means the American public are sensitive to," Parsi added in an interview with Gulf News in reference to the tabled draft resolution number 362. So far, it has attracted the co-sponsorship of nearly half of the 430-member House of Representatives.
The draft resolution calls on the President to stop all shipments of refined petroleum products from reaching Iran. It also "demands" that the President impose "stringent inspection requirements on all persons, vehicles, ships, planes, trains and cargo entering or departing Iran".
gulfnews : Naval blockade may lead to war
