"Gaza Island"

[Sofiyya 1,687]

Turkey Expels Israeli Ambassador Over Flotilla Raid

by THE ASSOCIATED PRESS

September 2, 2011

Turkey expelled Israel's ambassador and said Friday it is cutting military ties with Jerusalem over last year's raid on a Gaza-bound aid flotilla that killed nine people.

Turkey's move came before the anticipated publication Friday of a U.N. report on violence aboard a Gaza-bound protest flotilla. The fatalities included eight Turkish nationals and one Turkish-American activist.

The New York Times published what it said were excerpts from the report, which said Israel's blockade of Gaza is a "legitimate security measure." But the report also said Israel's use of force against the flotilla was "excessive and unreasonable," according to the newspaper.

An Israeli official said the report showed Israel's actions were in keeping with international law. The official said Israel hoped the two countries could now "return to the cooperation that was a cornerstone of regional stability." He spoke on condition of anonymity because the report had yet to be officially released. He said Israel expected it to be made public by the U.N. later Friday.

Turkey has made an Israeli apology a condition of improving diplomatic ties. Israeli officials say the report does not demand an Israeli apology, establishing instead that Israel should express regret and pay reparations.

Turkish Foreign Minister Ahmet Davutoglu said the government was downgrading diplomatic ties with Israel to the level of second secretary and that the ambassador and other high-level diplomats would leave the capital Ankara by Wednesday.

He said all military agreements signed between the former allies were also being suspended.

"The time has come for Israel to pay for its stance that sees it above international laws and disregards human conscience," Davutoglu said. "The first and foremost results is that Israel is going to be devoid of Turkey's friendship."

Davutoglu said the report "displayed the violence committed by the Israeli soldiers," but also criticized it for describing Israel's naval blockade as a legitimate security measure and in line with international law.

"Turkey does not recognize the Israel's embargo on Gaza," Davutoglu said, adding that Turkey would take steps to have the International Court of Justice and the United Nations to look into its legality.

Relations between Turkey and Israel, once close, have soured in recent years as Turkey has tilted away from the West. They deteriorated sharply after the flotilla bloodshed.

The U.N. report says "Turkey and Israel should resume full diplomatic relations, repairing their relationship in the interests of stability in the Middle East and international peace and security," according to the copy obtained by the Times.

Turkey announced the expulsion of the Israeli ambassador and suspension of military cooperation hours before the report was to be published, the most significant downgrading in ties between the two countries since the bloody flotilla attack last year.

A senior Israeli government official who had seen the report told the AP earlier this week that Israel has come to believe that Turkey is intent on worsening ties with Israel in order to bolster its own position in the Arab and Islamic world. While Israel does not rule out quiet talks with Turkey on an expression of regret and reparations to families of the dead activists, the report does not ask for an Israeli apology and there will not be one, he said.

He spoke on condition of anonymity because of the sensitivity of the matter.

Nine pro-Palestinian activists were killed aboard the Turkish-flagged ship Mavi Marmara on May 31, 2010, after passengers resisted a takeover by Israeli naval commandos. The flotilla was en route to Gaza in an attempt to bring international attention to Israel's blockade of the Palestinian territory. Each side blamed the other, claiming self-defense.

After the violence triggered an international outcry, Israel eased restrictions on goods moving into Gaza overland but left the naval blockade in place.

The activists charge the blockade constitutes collective punishment and is illegal. Israel asserts that it is necessary to prevent weapons from reaching the militants who regularly bombard Israeli towns with rockets from Gaza, which is ruled by the Islamist Hamas.

The U.N. committee established in the aftermath of the incident was made up of two international diplomats — former leaders of New Zealand and Colombia — one representative from Israel and one from Turkey.

Participants in the flotilla, the committee wrote, "acted recklessly in attempting to breach the naval blockade." Most passengers were peaceful, according to the report, but a small group was prepared for organized resistance. These passengers were "armed with iron bars, staves, chains, and slingshots, and there is some indication that they also used knives."

After soldiers rappelled onto the deck from helicopters, according to the report, "three soldiers were captured, mistreated, and placed at risk by those passengers. Several others were wounded."

"No satisfactory explanation has been provided to the Panel by Israel for any of the nine deaths," according to the report as quoted by the paper.

The committee noted "forensic evidence showing that most of the deceased were shot multiple times, including in the back, or at close range."

The senior Israeli government official said those hit in the back were attacking soldiers when they were shot from behind by other soldiers acting to save their comrades.

[mawilson 2,133]

Turkey expelled Israel's ambassador and said Friday it is cutting military ties with Jerusalem over last year's raid on a Gaza-bound aid flotilla that killed nine people.

Turkey's move came before the anticipated publication Friday of a U.N. report on violence aboard a Gaza-bound protest flotilla. The fatalities included eight Turkish nationals and one Turkish-American activist.

Interesting timing, especially considering the fact that the UN report more or less exonerates Israel.

[Sofiyya 1,687]

A lot of good that report will do for Israel

Interesting timing, especially considering the fact that the UN report more or less exonerates Israel.

[PalestineMyHeart 1,897]

Interesting timing, especially considering the fact that the UN report more or less exonerates Israel.

Um... no.

Israel’s decision to board the vessels with such substantial force at a great distance from the blockade zone and with no final warning immediately prior to the boarding was excessive and unreasonable:

a. Non-violent options should have been used in the first instance. In particular, clear prior warning that the vessels were to be boarded and a demonstration of dissuading force should have been given to avoid the type of confrontation that occurred;

b. The operation should have reassessed its options when the resistance to the initial boarding attempt became apparent.

...

viii.

The loss of life and injuries resulting from the use of force by Israeli forces during the take-over of the Mavi Marmara was unacceptable. Nine passengers were killed and many others seriously wounded by Israeli forces. No satisfactory explanation has been provided to the Panel by Israel for any of the nine deaths. Forensic evidence showing that most of the deceased were shot multiple times, including in the back, or at close range has not been adequately accounted for in the material presented by Israel.

ix.

There was significant mistreatment of passengers by Israeli authorities after the take-over of the vessels had been completed through until their deportation. This included physical mistreatment, harassment and intimidation, unjustified confiscation of belongings and the denial of timely consular assistance.

- p. 4-5

This is just a small sampling of the report's criticism of Israel - there's lots more. But you'd have to actually read the report to know that.

As far as the timing, you should already know that the Israeli government has done everything it can to prevent the report from being released before the expected Palestinian bid for statehood is presented at the U.N. later this month.

[Sofiyya 1,687]

This is just a small sampling of the report's criticism of Israel - there's lots more. But you'd have to actually read the report to know that.

As far as the timing, you should already know that the Israeli government has done everything it can to prevent the report from being released before the expected Palestinian bid for statehood is presented at the U.N. later this month.

Here it is

[Usui Takumi 1,562]

It seems that the UN report validates the blockade but at the same time condemns the surprise boarding - somewhat in line with what the US is doing in the Pacific currently.

[Usui Takumi 1,562]

It seems that the UN report validates the blockade but at the same time condemns the surprise boarding - somewhat in line with what the US is doing in the Pacific currently.

Also I've read a previous UN report from the Human Rights Council and while it too condemns the surprise boarding it doesn't seem to really address the legality of the blockade itself.

[PalestineMyHeart 1,897]

Also I've read a previous UN report from the Human Rights Council and while it too condemns the surprise boarding it doesn't seem to really address the legality of the blockade itself.

Try this one:

The Human Rights Council today demanded that Israel lift immediately the siege it had imposed on the occupied Gaza Strip, restore continued supply of fuel, food and medicine and reopen the border crossings.

In a resolution adopted by a roll-call vote of 30 in favour, one against and 15 abstentions, the sixth Special Session of the Council called for urgent international action to put an immediate end to the grave violations committed by Israel in the Occupied Palestinian Territory, including the series of incessant and repeated Israeli military attacks and incursions therein and the siege of the occupied Gaza Strip.

The Council also expressed grave concern at the repeated Israeli military attacks carried out in the Occupied Palestinian Territory, particularly in the occupied Gaza Strip, which resulted in loss of lives and injuries among Palestinian civilians, including women and children. It urged all concerned parties to respect the rules of human rights law and international humanitarian law and to refrain from violence against the civilian population.

http://www.unhchr.ch/huricane/huricane.nsf/view01/7A7B2B76C0F3C3F6C12573DA00529096?opendocument

There are other resolutions and official reports that use similar language to condemn the blockade and call for its immediate end.

[Usui Takumi 1,562]

Try this one:

There are other resolutions and official reports that use similar language to condemn the blockade and call for its immediate end.

I noticed thats from 2008, the HRC report I read was from 2010. I suspect the tone has changed partially to reflect the UNs stance on blockades and high seas stops which it currently is endorsing.

A good thing IMO actually as long as the high seas stops are non violent.

Edited September 2, 2011 by Sousuke

[PalestineMyHeart 1,897]

I noticed thats from 2008, the HRC report I read was from 2010. I suspect the tone has changed partially to reflect the UNs stance on blockades and high seas stops which it is currently is endorsing.

A good thing IMO actually as long as the high seas stops are non violent.

Can you please link the report you're citing, just so we can be on the same page ?

[Usui Takumi 1,562]

Can you please link the report you're citing, just so we can be on the same page ?

Here it is:

http://www2.ohchr.org/english/bodies/hrcouncil/docs/15session/A.HRC.15.21_en.pdf

In a few places it condemns the blockade, but I didn't see any place where it states the blockade is illegal or violates international law. I didn't have time to read the body yet, I skipped to the conclusions.

[PalestineMyHeart 1,897]

Here it is:

http://www2.ohchr.org/english/bodies/hrcouncil/docs/15session/A.HRC.15.21_en.pdf

In a few places it condemns the blockade, but I didn't see any place where it states the blockade is illegal or violates international law. I didn't have time to read the body yet, I skipped to the conclusions.

Thanks - I will take a look at it. Off to work now...

[PalestineMyHeart 1,897]

Here it is:

http://www2.ohchr.org/english/bodies/hrcouncil/docs/15session/A.HRC.15.21_en.pdf

In a few places it condemns the blockade, but I didn't see any place where it states the blockade is illegal or violates international law. I didn't have time to read the body yet, I skipped to the conclusions.

Page 12-13:

Blockade

51. Under the laws of armed conflict, a blockade is the prohibition of all commerce with a defined enemy coastline. A belligerent who has established a lawful blockade is entitled to enforce that blockade on the high seas.41 A blockade must satisfy a number of legal requirements, including: notification, effective and impartial enforcement and proportionality.42 In particular a blockade is illegal if:

(a) it has the sole purpose of starving the civilian population or denying it other objects essential for its survival; or

(b) the damage to the civilian population is, or may be expected to be, excessive in relation to the concrete and direct military advantage anticipated from the blockade.43

52. A blockade may not continue to be enforced where it inflicts disproportionate damage on the civilian population. The usual meaning of “damage to the civilian population” in the law of armed conflict refers to deaths, injuries and property damage. Here the damage may be thought of as the destruction of the civilian economy and prevention of reconstruction further to damage. One might also note, insofar as many in Gaza face a shortage of food or the means to buy it, that the ordinary meaning of “starvation” under the law of armed conflict is simply to cause hunger.44

53. In evaluating the evidence submitted to the Mission, including by OCHA oPt, confirming the severe humanitarian situation in Gaza, the destruction of the economy and the prevention of reconstruction (as detailed above), the Mission is satisfied that the blockade was inflicting disproportionate damage upon the civilian population in the Gaza strip and that as such the interception could not be justified and therefore has to be considered illegal.

54. Moreover, the Mission emphasizes that according to article 33 of the Fourth Geneva Convention, collective punishment of civilians under occupation is prohibited. “No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.” The Mission considers that one of the principal motives behind the imposition of the blockade was a desire to punish the people of the Gaza Strip for having elected Hamas. The combination of this motive and the effect of the restrictions on the Gaza Strip leave no doubt that Israel’s actions and policies amount to collective punishment as defined by international law. In this connection, the Mission supports the findings of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Richard Falk,45 the report of the United Nations Fact-Finding Mission on the Gaza Conflict46 and most recently the ICRC47 that the blockade amounts to collective punishment in violation of Israel’s obligations under international humanitarian law.

It goes on to assess Israel's attack on the Mavi Marmara and the rest of the Flotilla, concluding on Page 14:

58. Given the evidence at the Turkel Committee, it is clear that there was no reasonable suspicion that the Flotilla posed any military risk of itself. As a result, no case could be made for intercepting the vessels in the exercise of belligerent rights or Article 51 selfdefence. Thus, no case can be made for the legality of the interception and the Mission therefore finds that the interception was illegal.

[Usui Takumi 1,562]

Page 12-13:

It goes on to assess Israel's attack on the Mavi Marmara and the rest of the Flotilla, concluding on Page 14:

Not sure how I missed that, Thanks. I'm going to blame it on the fact that I was working

[Bad_Daddy 2,209]

X-mas in Gaza...Robot Chicken style.

Edited September 3, 2011 by Why_Me