Flotilla raid broke international law

2010-09-22 23:13

Geneva - A report by three UN-appointed human rights experts on Wednesday said that Israeli forces violated international law when they raided a Gaza-bound aid flotilla killing nine activists earlier this year.

The UN Human Rights Council's fact-finding mission concluded that Israel's naval blockade of the Palestinian territory was unlawful because of the humanitarian crisis there, and described the military raid on the flotilla as brutal and disproportionate.

The Israeli Foreign Ministry responded late on Wednesday by saying the Human Rights Council had a "biased, politicised and extremist approach".

The Palestinian group Hamas, meanwhile, praised the report and called for those involved in the raid to be punished.

The 56-page document lists a series of alleged crimes committed by Israeli forces during and after the raid, including wilful killing and torture. It also alleges that Israel violated the right to life, liberty, freedom of expression and the right of captured crew and passengers to be treated with humanity.


"A series of violations of international law, including international humanitarian and human rights law, were committed by the Israeli forces during the interception of the flotilla and during the detention of passengers in Israel prior to deportation," the experts found.

Examining the circumstances of the raid, the panel concluded that a humanitarian crisis existed in Gaza on the day of the incident in Gaza and "for this reason alone the blockade is unlawful and cannot be sustained in law."

"The conduct of the Israeli military and other personnel toward the flotilla passengers was not only disproportionate to the occasion but demonstrated levels of totally unnecessary and incredible violence. It betrayed an unacceptable level of brutality," the report said.

It described the Israeli raid on May 31, in which eight Turkish activists and one Turkish-American aboard the Mavi Marmara were shot and killed, as "clearly unlawful".

Israel says its troops opened fire after coming under attack by activists wielding clubs, axes and metal rods. The activists said they were defending their ship after it was attacked by Israeli soldiers in international waters.

Gaza blockade

The raid sparked an international outcry and forced Israel to ease its blockade of Hamas-ruled Gaza. Israel, along with Egypt, imposed the embargo in June 2007 after Hamas militants took control of the area.

Since then, Israel has lifted virtually all restrictions on food, medicine and consumer goods, but still maintains its naval blockade, saying that Hamas could sneak weapons into Gaza.

Israel indicated early on that it wouldn't co-operate with the panel and roundly rejected its conclusions on Wednesday.

"The Human Rights Council blamed Israel prior to the investigation, and it is no surprise that they condemn Israel after," said Andy David, a spokesperson for the Israeli Foreign Ministry, referring to the 47-member body's resolution in early June condemning the raid.

Israel has instead been working with a separate UN group under New Zealand's former Prime Minister Geoffrey Palmer and Colombia's former President Alvaro Uribe that is also examining the incident but has yet to publish its findings.


"Israel is a democratic and law abiding country that carefully observes international law and, when need be, knows how to investigate itself," the Foreign Ministry said in a statement posted on its website.

"That is how Israel has always acted, and that is the way in which investigations were conducted following Operation Cast Lead, launched to protect the inhabitants of southern Israel from rockets and terror attacks carried out by Hamas from Gaza."

Fawzi Barhoum, a spokesperson for Hamas - the Islamic militant group that controls Gaza - said the report emphasised that Israel's occupation of Palestinian territories violates human rights "not only against Palestinian people but against innocent people who came to show their sympathy".

"Now it's required to be a mechanism in order to translate this report into action and to bring the occupation commanders to trial for the crimes they committed," Barhoum said.

The Human Rights Council's report was compiled by former UN war crimes prosecutor Desmond de Silva, Trinidadian judge Karl T Hudson-Phillips and Malaysian women's rights advocate Mary Shanthi Dairiam. It is scheduled to be debated in the council on Monday.

The body, which is dominated by African, Asian and Latin American countries, has in the past repeatedly singled out Israel for criticism. Its resolutions carry little weight in law but are considered an important indicator of global opinion on human rights issues.