Jurists: Israeli flotilla assault violation of international law

“The Convention on the Law of the Sea stipulates that a coastal state may consider intervention if a ship is engaged in arms and drug smuggling, the slave trade or terrorist activities. However, the case with the aid boats is totally different. They set sail in accordance with the Customs Act and are known to be carrying humanitarian aid, not weapons or ammunition. According to the Convention on the Law of the Sea, Israel was not entitled to launch a military operation against the boats and activists,” stated Dr. Turgut Tarhanlı from the law department of İstanbul Bilgi University.

Under the convention vessels are granted the right of innocent passage through any territorial waters. “Innocent passage” is defined by the convention as passing through waters in an expeditious and continuous manner, which is not “prejudicial to the peace, good order or the security” of the coastal state.

Tarhanlı also said the method of Israeli intervention was another source of dispute. “The assault came in international waters as the boats were approaching Israeli maritime territory. The boats slowed down, signaling they were open to any dialogue or contact with Israelis. In such a case, we would expect Israeli forces to request information from the boats and accompany them to their destination, if necessary. However, they chose to attack the activists instead,” Tarhanlı added.

Professor Hasan Köni of Bahçeşehir University stated that Israel committed a war crime in its region with the assault on the Freedom Flotilla. He said international law required Israel to seize control of the aid ships and send their passengers back to their countries. “The Israeli military, however, opened fire on unarmed activists. This is a war crime. This is also a crime against humanity. All Israeli state officials are now ‘responsible’ for what has happened in terms of international criminal law,” Köni added.

Murat Bilhan, the vice chairman of the Turkish-Asian Center for Strategic Studies (TASAM), suggested that the bloody and disproportionate assault by Israel will damage ties between the two countries, which have almost frozen recently. According to Bilhan, the Israeli military operation against the aid ships was “nonsense.” “The latest development has seriously damaged relations between Turkey and Israel,” he said, calling on the Turkish authorities and nation to be more “prudent” in their reactions. “Turkey’s interests are important. But we should refrain from oversensitive responses and statements. We should set up a strategy about what to do in the future. A foreign policy based on sentiments will take us nowhere,” he cautioned.

Future of activists

All eyes are now on Turkish authorities to see what will happen to other passengers on the aid ships who were wounded or unharmed during the violent Israeli operation.

The Foreign Ministry warned of “irreparable consequences” after the incident and condemned Israel for its disregard for human life and peaceful initiatives. The ministry also ordered Israel to immediately “return” Turkish citizens in the boats, including the injured. Israel previously announced that it may arrest the activists if they resisted security forces.

There was no immediate statement from Israel about the condition of the passengers in the boats. In accordance with international law, Israel is required to send the activists back to their countries. Observers are, however, not hopeful that Israel will comply with international law.

“The Israeli state is clearly responsible for what has happened to the aid ships and their passengers. Innocent civilians were targeted in international waters, which is a blatant ‘crime against humanity.’ Israel’s claims that it defended itself cannot be accepted. Israel used disproportionate force although it was not the target of an armed operation,” said İbrahim Kaya, an international law expert at the Ankara-based International Strategic Research Organization (USAK).