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User Name Thread Name Subject Posted
Emma B BS: New Israeli atrocity: attack on Gaza aid (1868* d) RE: BS: New Israeli atrocity: attack on Gaza aid 29 Jul 10


"...it is usual for warring states to blockade"

I am not interested in 'scoring points' just at least maintaining some accuracy - I prefer to make up my own mind about the Hasbara machine's propaganda.

Please note!

GAZA IS NOT A STATE!
this has far greater implications legally than just a correction of an inaccurate statement on a mudcat thread


Gaza was occupied by Israel in 1967 and, under customary international law, Israel has been the occupier of the strip since.
Despite ending their physical occupation of the Gaza Strip in 2005 when they withdrew Israel still maintained "effective control" over the Gaza Strip through control of its land borders (the Apartheid Wall), air space and of course, sea lanes.

It has the security advantage of effective control which it has exercised through incursions, the creation of buffer zones within the strip, routine aerial attacks etc.

BUT, it has simultaneously denied the obligations which come along with occupation; the main one which is upholding the well-being of the civilian population.


The international legal framework which is most appropriate for assessing Israel's obligations is the Fourth Geneva Convention, to which Israel is a party to.

Part 1 Article 55 of the IV Geneva Convention clearly states:

To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.

From the San Remo San Remo Manual on International Law Applicable to Armed Conflicts at Sea

Part IV : Methods and means of warfare at sea

SECTION II : METHODS OF WARFARE

Blockade

102. The declaration or establishment of a blockade is prohibited 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.

103. IF THE CIVILIAN POPULATION OF THE BLOCKADED TERRITORY IS INADEQUATELY PROVIDED WITH FOOD AND OTHER OBJECTS ESSENTIAL FOR ITS SURVIVAL, THE BLOCKADING PARTY MUST PROVIDE FOR FREE PASSAGE OF SUCH FOODSTUFFS AND OTHER ESSENTIAL SUPPLIES…


The bottom line is that the legality of the blockade- which has, by the admission of the Israeli government itself, the purpose of "putting the Gazans on a diet", is in fact illegal under these laws because it is designed specifically to cause collective suffering throughout the entire populace.

Additionally, Israel is not letting supplies through freely after inspection- it is in fact seizing those supplies and letting the vast majority of them rot, like the clothing and shoes that were held up for 3 years - obviously because they threatened Israel's security!


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