Council of Europe report slams Israel for violent attack on flotilla

The preliminary report, in advance of today's discussion, lambasted Israel on what it called “the Israeli military attack on a humanitarian flotilla” and underscored “deep concern” on the part of the Parliamentary Assembly of the Council of Europe (PACE).

In unequivocal terms, the report also described the Israeli raid as “a breach of international law,” and called for an impartial, independent and transparent international inquiry.

“It [PACE] considers that the Israeli raid, which took place in international waters, constitutes a breach of international law. It shares, in this respect, the positions of condemnation taken by the United Nations, the Quartet, the European Union and the majority of the international community, and deplores that the Israeli authorities have not, so far, accepted the request for an international inquiry committee. The Assembly believes that Israel should cooperate with the international community, which has called for a prompt, international, impartial and transparent inquiry,” the report noted.

The assembly also offered its condolences to the families and friends of the victims of this attack and expressed its solidarity with the injured.

Stressing the strong condemnation which has been showered on Israel from all sides, the Council of Europe warned that the incident increased Israel’s isolation, “a situation on which the authorities should reflect,” it said. The report concluded that “this crisis also calls to mind the binding nature of the principles and prescriptions of international law by which each state must temper its action, as well as emphasizing that the use of force and the right to defense cannot infringe the principle of proportionality.”

With respect to the Israeli-enforced Gaza blockade, the Council of Europe criticized the Israeli state, saying the living conditions of the people of Gaza have become increasingly harsh as a result of the blockade. It asked that the blockade be lifted, ensuring access by land and by sea, and allowing the orderly delivery of all goods necessary to ensure the normal living conditions of the population and the development of economic and social activities, without prejudice to its own security. It also called Israel’s announcement to ease the blockade a first step in that direction.

The report urged the Israeli government to determine rapidly and unequivocally individual and collective responsibility for acts relating to the attack on the Gaza aid flotilla; to cooperate with the international community to ensure a prompt, international, impartial and transparent inquiry; to ensure that the inquiry commission it has appointed carries out a prompt, impartial, credible and transparent inquiry according to international criteria and that the commission’s members enjoy full independence and freedom of action.

In the facts section of the report, both Israeli and Turkish arguments are listed and conflicting accounts of what happened during the raid are described. It noted that the Turkish group, the Humanitarian Aid Foundation (İHH), one of the organizers of the flotilla, was described by Israel as “closely linked to Hamas, and is a member of another organization, the Union of Good, which supports suicide bombings.” “However, the Turkish government considers the İHH a legitimate humanitarian organization,” the report added.

The report noted that the six ships were in international waters, about 80 miles off the Israeli coast, when the Israeli commandos landed on the main ship, the Turkish Mavi Marmara, descending from helicopters. “There are conflicting versions on how the confrontation developed. Activists say that the Israeli commandos started shooting as soon as they dropped onto the bridge of the ship. Conversely, Israeli sources reported that the commandos, attacked with axes, knives and a pistol by a group of activists, fired in self defense,” the report explained.

It also included a report on the autopsies carried out by the Turkish Council of Forensic Medicine (ATK), which found a total of 30 bullets in the bodies of the dead activists, including one activist who was shot in the head four times.

PACE disputed the Israeli claim that ships violating the maritime blockade may be captured or even attacked in accordance with international law. “At all events, it is plain that a wrongful and disproportionate use of force occurred on the Israeli side,” the assembly underlined.

Some of the recommendations included in the report are likely to be challenged on the floor and the wording could be made much stronger in its final version. Turkish deputies in PACE have already tabled a number of amendments to reflect a stronger condemnation of Israel in the report.