Scape Scape:
What record Dog? The IDF is holding the tapes.
There's a partial record. Hopefully the complete tapes, and forensic evidence will eventually be available. Yeah, I know. I'm not holding my breath either, but more evidence will not surprise me.
Scape Scape:
The only thing we know is the blockade itself is illegal and so too is boarding a ship in international waters.
Do we really? Are you sure about that? Because my impression is the legality has still to be determined. There seems to be debate. Also it would seem that if the blockade is legal, then stopping it in international waters is legal.
I'm not sure. I only know what the CBC tells me.
$1:
What laws apply in the military seizure of a vessel in international waters?
Legal representatives will likely consult the United Nations Charter, the UN Convention on the Law of the Sea, the Geneva Conventions on the laws or war and the San Remo Manual on International Law Applicable to Armed Conflicts at Sea. The latter dates from 1994 and consolidates earlier international rules on naval warfare and naval blockades.
Was the May 31 seizure legal?
CBC News put the question to two leading experts in international law: Ed Morgan, who teaches at the University of Toronto, and Craig Scott, who teaches at York University's Osgoode Hall Law School.
"The blockade itself is legal and as part of a blockade, you are allowed to arrest a ship and bring it into port to inspect goods," Morgan said.
"You are allowed to do that in international waters … if they are steaming toward the territorial sea that you are blockading, you do not have to wait until they actually get within the territorial sea, which is quite a narrow band from the coast.
"If the blockade is justified because overall there is a military objective, not only is it legal, it is proper to take it to a port … to inspect the goods and then let the non-lethal goods pass.
Scott agrees that naval blockades of neutral ships are permitted, if it is to prevent the ships from supplying war-related materiel or even as a general economic coercion. "However," he added, "should it turn out that the blockade is … unlawful, then the general principle would be that there can be no right to enforce an unlawful blockade."
According to Scott, "the dominant legal view would seem to be that the blockade as a whole had become illegal well before the Gaza flotilla incident — and may indeed have been illegal virtually from the outset" for "reasons related to both the principle of humanity within the laws of war and that principle's interaction with contemporary international human rights law."
For Scott, another reason Israel's actions were illegal is that "traditional laws of war long ago evolved to the point of recognizing the obligation of the blockading state to inspect cargo under the supervision of a neutral party, such as the International Committee of the Red Cross, in order to make sure humanitarian supplies are not seized or diverted from their intended destination."
A frame grab from a video released by the Israel Defence Forces (IDF) shows what the IDF says is a pro-Palestinian activist hitting Israeli soldiers with a club-like object upon the arrival of Israeli forces to a Gaza-bound ship May 31, 2010. (REUTERS/Handout/IDF) A frame grab from a video released by the Israel Defence Forces (IDF) shows what the IDF says is a pro-Palestinian activist hitting Israeli soldiers with a club-like object upon the arrival of Israeli forces to a Gaza-bound ship May 31, 2010. (REUTERS/Handout/IDF)
Morgan added: "There is a secondary question: Was the seizure of the ship carried out in a legal fashion? That goes on the rule of proportionality: Did they use more force than was necessary given the force that they were met with?
"It's not obvious what the answer is to that."
http://www.cbc.ca/world/story/2010/06/0 ... ships.html