UN Report on Gaza Flotilla

[Pooky 3,785]

1 September 2011 Last updated at 18:50 ET

Gaza ship raid excessive but blockade legal, says UN

The Mavi Marmara and other vessels were intercepted last May by Israeli navy commandos

A UN report says Israel used "excessive force" in its raid on a Gaza-bound aid flotilla last year, but said the naval blockade was legal, according to the New York Times.

The UN also found that Israeli commandos were met with "organised and violent resistance" when they boarded the Mavi Marmara, the paper reports.

The Turkish-flagged ship was part of a convoy which aimed to break Israel's blockade on the Gaza Strip.

Nine activists were killed in the raid.

The incident, which took place in May 2010, attracted international condemnation and led to a diplomatic dispute between Israel and Turkey.

Apology demanded

The report, which was originally expected to be completed by February, is due to be released on Friday, but was leaked in full to the New York Times.

"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," the report concluded.

But the inquiry, led by former New Zealand prime minister Geoffrey Palmer, added that the naval blockade was legal and appropriate because it was aimed at preventing the import of weapons by sea.

The New York Times says that while Israel feels vindicated by the report, Turkey is upset with the conclusion on the legal status of Israel's naval blockade.

Meanwhile, Palestinian Islamist movement Hamas, which runs the Gaza Strip, condemned the findings as "unjust and unbalanced".

"It will allow the [israeli] occupier to shirk its responsibilities," spokesman Sami Abu Zuhri told AFP.

The BBC's UN correspondent Barbara Plett says the publication of the report has been delayed several times to encourage reconciliation between Israel and Turkey, but that has not happened.

Turkey has insisted it will not resume full relations until Israel apologises for the deaths, which it has so far refused to do.

The panel was set up partly to help heal the rift in Turkish-Israeli relations, but in fact it may have made reconciliation more difficult, our correspondent says.

Israel's foreign ministry has said it will not comment until after the official release of the report.

An inquiry by Israel concluded in January that the raid was legal under international law, but its findings were rejected by Turkish Prime Minister Recep Tayyip Erdogan, who said it lacked credibility.

BBC link

The full report is due out Friday.

[PalestineMyHeart 1,897]

"A Legal Blockade but Excessive Force"

That's what the NY Times' Ethan Bronner (father of an IDF soldier and not exactly unbiased) says.

But if you actually read the report in its entirety instead of a filtered "synopsis" telling you what to think, you will find that the Committee admits it had no mandate or means to gather the information required to make legal determinations concerning either the facts or the law:

5. It needs to be understood from the outset that this Panel is unique. Its methods of inquiry are similarly unique. The Panel is not a court. It was not asked to make determinations of the legal issues or to adjudicate on liability.

6. In particular, the Panel’s means of obtaining information were through diplomatic channels. The Panel enjoyed no coercive powers to compel witnesses to provide evidence. It could not conduct criminal investigations. The Panel was required to obtain its information from the two nations primarily involved in its inquiry, Turkey and Israel, and other affected States. The position is thoroughly understandable in the context of the Panel’s inquiry but the limitation is important. It means that the Panel cannot make definitive findings either of fact or law. But it can give its [uninformed] view.”

- pages 7-8

http://graphics8.nytimes.com/packages/pdf/world/Palmer-Committee-Final-report.pdf

The report includes a statement that the blockade was legitimate and the implementation complied with the requirements of law, but it is neither a definitive finding of fact nor law, and it is contradicted by official fact-finding reports from other U.N. offices.

The report explicitly states that its sources of information were strictly limited to reports obtained through diplomatic channels from Turkey and Israel. It completely ignores the evidence gathered by other international organizations and its own formal U.N. fact-finding missions. The U.N. has already at produced least 3 official reports which say the blockade is illegal. The Palmer Committee report also ignores Israel's own internal documents which already revealed that the blockade is intended to inflict collective punishment, and is thus illegal.

Turkey is not happy. Ankara has already expelled the Israeli envoy from Turkey, and it's not unlikely that it will proceed with legal actions against Israel in international courts, representing the families of the murdered Turks.

At any rate, the spectacle is quite amusing - Zionists falling all over themselves trying to seize upon the opportunity of this non-finding of fact or law in order to say "LOOK ! The U.N. says Israel's behavior is justified !!!" ... while simultaneously completely ignoring or dismissing hundreds of other official U.N. findings, resolutions, etc. that repeatedly tell Israel to stop oppressing, occupying and colonizing Palestinians.

[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]

That's what the NY Times' Ethan Bronner (father of an IDF soldier and not exactly unbiased) says.

But if you actually read the report in its entirety instead of a filtered "synopsis" telling you what to think, you will find that the Committee admits it had no mandate or means to gather the information required to make legal determinations concerning either the facts or the law:

The report includes a statement that the blockade was legitimate and the implementation complied with the requirements of law, but it is neither a definitive finding of fact nor law, and it is contradicted by official fact-finding reports from other U.N. offices.

The report explicitly states that its sources of information were strictly limited to reports obtained through diplomatic channels from Turkey and Israel. It completely ignores the evidence gathered by other international organizations and its own formal U.N. fact-finding missions. The U.N. has already at produced least 3 official reports which say the blockade is illegal. The Palmer Committee report also ignores Israel's own internal documents which already revealed that the blockade is intended to inflict collective punishment, and is thus illegal.

Turkey is not happy. Ankara has already expelled the Israeli envoy from Turkey, and it's not unlikely that it will proceed with legal actions against Israel in international courts, representing the families of the murdered Turks.

At any rate, the spectacle is quite amusing - Zionists falling all over themselves trying to seize upon the opportunity of this non-finding of fact or law in order to say "LOOK ! The U.N. says Israel's behavior is justified !!!" ... while simultaneously completely ignoring or dismissing hundreds of other official U.N. findings, resolutions, etc. that repeatedly tell Israel to stop oppressing, occupying and colonizing Palestinians.

I love it how you highlight the word "official".

Naturally, the only official conclusion that you would accept is one that blames Israel for everything.

[PalestineMyHeart 1,897]

I love it how you highlight the word "official".

Naturally, the only official conclusion that you would accept is one that blames Israel for everything.

Once again, for the reading-challenged:

5. It needs to be understood from the outset that this Panel is unique. Its methods of inquiry are similarly unique. The Panel is not a court. It was not asked to make determinations of the legal issues or to adjudicate on liability.

6. In particular, the Panel’s means of obtaining information were through diplomatic channels. The Panel enjoyed no coercive powers to compel witnesses to provide evidence. It could not conduct criminal investigations. The Panel was required to obtain its information from the two nations primarily involved in its inquiry, Turkey and Israel, and other affected States. The position is thoroughly understandable in the context of the Panel’s inquiry but the limitation is important. It means that the Panel cannot make definitive findings either of fact or law. But it can give its [uninformed] view.”

- pages 7-8

http://graphics8.nyt...inal-report.pdf

[The_Dude 1,142]

So, since the findings don't simply rail against Israel, you focus on the legitimacy of the findings. Got it.

[PalestineMyHeart 1,897]

In this regard, we stress again that the Panel is not a court. We have not personally heard the witnesses whose statements we have read. Nor are we able to make definite findings on each statement’s reliability and credibility.

...

14.

We observe that the legal views of Israel and Turkey are no more authoritative or definitive than our own. A Commission of Inquiry is not a court any more than the Panel is. The findings of a Commission of Inquiry bind no one, unlike those of a court. So the legal issues at large in this matter have not been authoritatively determined by the two States involved and neither can they be by the Panel.

- page 8-9

http://graphics8.nytimes.com/packages/pdf/world/Palmer-Committee-Final-report.pdf

So, since the findings don't simply rail against Israel, you focus on the legitimacy of the findings. Got it.

So just keep ignoring the report's stinging criticism of Israel, and focus on the the parts you like.

[The_Dude 1,142]

So just keep ignoring the report's stinging criticism of Israel, and focus on the the parts you like.

I think the findings were fairly accurate, the blockade is legal, but yes, Israel undoubtedly used excessive force in enforcing it. I do agree with the Turkish governments demands for settlements for the families of those killed, and an apology. I believe Israel said it wouldn't budge on either of those demands though.

[PalestineMyHeart 1,897]

I think the findings were fairly accurate, the blockade is legal, but yes, Israel undoubtedly used excessive force in enforcing it. I do agree with the Turkish governments demands for settlements for the families of those killed, and an apology. I believe Israel said it wouldn't budge on either of those demands though.

The whole purpose of the Palmer report was (as it admits) not to determine factual or legal questions, but to preserve diplomatic relations between Turkey and Israel.

It is Israel who tried to delay publication of the report. But Israel's request for another 6-month delay on releasing it was flatly rejected by Turkey. So whoever leaked this to the NYT was not doing any favors for the Israeli government.

In fact, it puts Israel and Turkey on a direct collision course:

“Israel squandered all of the opportunities to end the crisis, and now it must pay for it,” Turkish FM Davutoglu said during his announcement earlier Friday, adding that Turkey’s official position was that Israel’s blockade on the Gaza Strip was illegal, despite the fact that the UN report supported its legality.

Hinting at the possible consequences of Turkey’s disagreement with the UN’s interpretation of Israel’s blockade, the Turkish FM said that Ankara would “do whatever it takes to implement its interpretation of the significance of international waters in the Mediterranean.”

“We cannot accept the blockade on Gaza. We cannot say that the blockade aligns with international law,” he said, adding that the stance taken by the Palmer Commission Report was the author’s “personal opinion, one which does not correspond with Turkey’s position.”

Additionally, Davutoglu announced the cancellation of all defense contracts between Israel and Turkey, adding that Ankara would both initiaite legal action against the Gaza blockade in international courts, as well as aid families of those killed in the Gaza flotilla raid in seeking litigation against Israel.

Warning of the possible consequences of Israel’s refusal to apologize for the flotilla raid, Davutoglu said on Thursday that Friday’s official release of the Palmer Report constituted Israel’s last chance to apologize for its raid on the Turkish-sponsored flotilla and warned of consequences, including sanctions, should Israel continue to refuse to apologize.

Unless there is an Israeli apology, “we will put Plan B into play,” Davutoglu said. He said Turkey intended to impose sanctions, “which both Israel and other international parties are aware of.”

http://www.haaretz.com/news/diplomacy-defense/turkey-expels-israel-envoy-after-gaza-flotilla-report-freezes-military-ties-1.382181

What if the next Flotilla comes with a Turkish Navy escort ?

[SMR 368]

Newsflash: The UN is a bunch of whiny schoolgirls. Nobody really cares what it thinks.

I mean, all things being equal, everyone would prefer that the UN agree with them. But when they don't, they assume it's because the UN is wrong.

[PalestineMyHeart 1,897]

Newsflash: The UN is a bunch of whiny schoolgirls. Nobody really cares what it thinks.

I mean, all things being equal, everyone would prefer that the UN agree with them. But when they don't, they assume it's because the UN is wrong.

Who is "nobody" ? You ?

Because the subjects of the report - Israel and Turkey - sure care a lot about what the U.N. thinks. It was front-page news for the NYT, too ("above the fold," top left-hand corner,) so I guess its editors must care a lot about it, as well.

[mawilson 2,133]

What if the next Flotilla comes with a Turkish Navy escort ?

That would be a declaration of war - not something Turkey wants, I imagine.

[PalestineMyHeart 1,897]

That would be a declaration of war - not something Turkey wants, I imagine.

That would be what Israel might call a declaration of war. And Turkey has called the killings on the Mavi Marmara "an act of war." However, neither claim has been put to the test yet in an international court. (Might be soon, though.)

[The_Dude 1,142]

That would be what Israel might call a declaration of war. And Turkey has called the killings on the Mavi Marmara "an act of war." However, neither claim has been put to the test yet in an international court. (Might be soon, though.)

I think most people would consider a foreign navy entering it's national waters without permission to be a provocation at a minimum, or an act of war. If Turkey was interested in maintaining diplomatic ties with Israel, maybe it should not have been so intentionally provacative in helping with the flotilla's illegal goal of breaching a legal blockade.

[Sofiyya 1,687]

The Israeli attack on the Gaza flotilla took place in international waters, not Israeli waters. If you consulted a map, you would learn that the Gaza Strip is on the coast. Violating Israel's coastal boundaries was not an issue.

I think most people would consider a foreign navy entering it's national waters without permission to be a provocation at a minimum, or an act of war. If Turkey was interested in maintaining diplomatic ties with Israel, maybe it should not have been so intentionally provacative in helping with the flotilla's illegal goal of breaching a legal blockade.