George Bisharat, The Electronic Intifada, 5 June 2010
(George Bisharat is a professor at Hastings College of the Law and writes frequently about law and politics in the Middle East. This article originally appeared in the San Francisco Chronicle and is republished with permission.)
"Israel's deadly attack on the Gaza Freedom Flotilla was flagrantly illegal. The Flotilla, carefully searched for arms before disembarkation, enjoyed the right of free navigation in international waters, and Israel had no legal justification to interrupt its peaceful mission...
Israel has claimed that it is in "armed conflict" with the Hamas government in the Gaza Strip and that its actions on the high seas to enforce the blockade of the Gaza Strip are therefore permissible. That claim is wrong.
In fact, under customary international law that Israel accepts as binding, Israel continues to occupy the Gaza Strip, despite the withdrawal of its ground troops and settlers from that region in 2005. A territory is "occupied" when foreign forces exercise "effective control" over it, whether accomplished through the continuous presence of ground troops or not.....
Moreover, collective punishment is specifically barred under Article 33 of the Fourth Geneva Convention. Israeli officials have repeatedly stated that the objective of the blockade is to weaken the Gaza economy and undermine support for Hamas. That is a political, not a military, objective, and it is impermissible under international law to target innocent civilians to achieve nonmilitary goals...."
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