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Robert Naiman

Robert Naiman

Posted: June 1, 2010 10:59 AM

Rachel Corrie Continues Towards Gaza: Will Obama Let Israel Attack?

What's Your Reaction:

How do you know when someone is serious about pursuing a strategy of nonviolent resistance until victory for justice is achieved?

When they refuse to turn back in the face of state violence. Damn the commandos. Full speed ahead.

The Irish Times reports:

The MV Rachel Corrie is ploughing ahead with its attempt to deliver aid to Gaza despite yesterday's attack by the Israeli navy on Gaza-bound ship the Mavi Marmara.


The cargo ship, which has four Irish nationals and five Malaysians aboard, is due to arrive in Gazan waters tomorrow, a spokeswoman for the Irish Palestine Solidarity Campaign said.

The vessel became separated from the main aid flotilla after being delayed for 48 hours in Cyprus due to logistical reasons.

Nobel laureate Maireád Corrigan-Maguire, former UN assistant secretary general Denis Halliday, and husband and wife Derek and Jenny Graham are the Irish nationals on board.

Speaking from the ship today, Mr Graham said the vessel was carrying educational materials, construction materials and some toys. "Everything aboard has been inspected in Ireland," he said. "We would hope to have safe passage through."

Might the Israeli military attack the Rachel Corrie, as the Israeli military attacked the Mavi Marmara? Would the Obama Administration permit such an Israeli attack on the Rachel Corrie, as the Obama Administration permitted the Israeli attack on the Mavi Marmara?

Note that in particular, under international law, an Israeli military attack on the Rachel Corrie in international waters would be an attack on the government and people of Ireland, because the Rachel Corrie is an Irish-flagged vessel. As former British Ambassador Craig Murray recently wrote:

To attack a foreign flagged vessel in international waters is illegal. It is not piracy, as the Israeli vessels carried a military commission. It is rather an act of illegal warfare.

Because the incident took place on the high seas does not mean however that international law is the only applicable law. The Law of the Sea is quite plain that, when an incident takes place on a ship on the high seas (outside anybody's territorial waters) the applicable law is that of the flag state of the ship on which the incident occurred. In legal terms, the Turkish ship was Turkish territory.

There are therefore two clear legal possibilities.

Possibility one is that the Israeli commandos were acting on behalf of the government of Israel in killing the activists on the ships. In that case Israel is in a position of war with Turkey, and the act falls under international jurisdiction as a war crime.

Possibility two is that, if the killings were not authorised Israeli military action, they were acts of murder under Turkish jurisdiction. If Israel does not consider itself in a position of war with Turkey, then it must hand over the commandos involved for trial in Turkey under Turkish law.

One presumes that Michael Higgins, the foreign affairs spokesman of the Irish Labour Party, is well aware of these considerations, and that his statement about Irish government policy noted in the Irish Times article should be read in this light:

Labour foreign affairs spokesman Michael D Higgins today called on the Government to demand safe passage for the MV Rachel Corrie.


In a statement, he said some of those on the vessel had contacted him earlier today and had stressed they wanted to avoid conflict and to be allowed unload their cargo to help the residents of the Gaza Strip.

"The Minister for Foreign Affairs . . . must make it clear that any assault on the Rachel Corrie would be regarded as a hostile act against Ireland and a clear breach of international law that could not be ignored by this country," Mr Higgins said.

In cities around the United States today, Americans will be protesting against the Israeli government attack on the Gaza Freedom Flotilla. While protesting the attack on the Mavi Marmara, Americans should demand that the Obama Administration act to guarantee safe passage for the Rachel Corrie to reach Gaza.

 

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HUFFPOST SUPER USER
CornetMustich
05:11 PM on 06/02/2010
Besides Mr. Obama, protecting the Rachel Corrie, NATO should get involved since the IDF attacked a Turkish ship and as Turkey is a member of NATO, an attack on one is an attack on all members..........

It's time,
Joe Mustich, Justice of the Peace,
Washington, Connecticut, USA

Rachel Corrie death at the hands of the IDF was never really seriously addressed by the US or Israel.
It's time.
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HUFFPOST BLOGGER
RobertNaiman
Policy Director at Just Foreign Policy
02:35 PM on 06/02/2010
Just Foreign Policy has just posted an alert on this...

Tell Obama: Speak Up for the Free Passage of the Rachel Corrie to Gaza
In his speech in Cairo, President Obama urged the Palestinian people to press their claims for justice through nonviolence. Now that the Israeli military has attacked the Gaza Freedom Flotilla, President Obama should follow through on his Cairo speech, and demand free passage to Gaza for the Irish-flagged Rachel Corrie.
http://www.justforeignpolicy.org/act/mvrachelcorrie

Twitter:
http://twitter.com/home/?status=Urge+Pres+Obama+to+protect+MV+Rachel+Corrie+passage+into+%23Gaza+http%3A%2F%2Fbit.ly%2FdokPGg+%23flotilla+RT+@justfp

Facebook:
http://www.facebook.com/sharer.php?u=http://bit.ly/dokPGg&src=sp
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HUFFPOST BLOGGER
RobertNaiman
Policy Director at Just Foreign Policy
12:34 PM on 06/02/2010
Here is the video of the speech of Michael Higgins, speaking on behalf of the Irish Labour Party, referred to in the Irish Times article. Higgins: lift the blockade, blockade is illegal, let the Rachel Corrie go through.

http://www.youtube.com/watch?v=mzynO5YUrFE
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HUFFPOST BLOGGER
RobertNaiman
Policy Director at Just Foreign Policy
10:21 AM on 06/02/2010
If you follow the link I gave to the Irish Times piece, i.e.

http://www.irishtimes.com/newspaper/breaking/2010/0601/breaking33.html

you see that the article has been updated; in particular, Irish Taoiseach [Prime Minister] Brian Cowen called on Israel to allow the Rachel Corrie, pass through its military blockade of Gaza and warned there would be “most serious consequences” should any harm come to Irish citizens involved with the aid flotilla.
02:01 PM on 06/01/2010
Ambassador Murray is incorrect. Israeli is in a state of war with Gaza and has instituted a naval blockade of Gaza. A naval blockade is a legal act of war. Under a blockade, the blockading party (Israel) has the right to intercept even neutral ships (Turkish and Irish) on the high seas in international waters if they are headed to the blockaded port (Gaza).

See this pdf summary of naval law, especially sections 7.7 through 7.10:
http://www.usnwc.edu/getattachment/a9b8e92d-2c8d-4779-9925-0defea93325c/1-14M_(Jul_2007)_(NWP)

This means that the attack on the soldiers with sticks and knives was not legal. The return fire from the Israelis is then legal if it was in legitimate self-defense. One of the Israeli soldiers was stabbed in the back before they opened fire.

The cargo from the first six ships has already reached Gaza, so the crew of the Rachel Corrie can ship their cargo through the Israeli port of Ashdod and be confident that it will get through to Gaza in a couple of days, at most.

Attempting to run the blockade is an act of war against Israel, and Israel will have the legal right to use force to stop the ship.
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HUFFPOST SUPER USER
Ralph Boyd
Look, . . right behind you!
04:02 PM on 06/01/2010
The problem is Israel doesn't have UN or NATO legal backing for the embargo, it's a illegal embargo. And Israel has never declared "War" on the Gaza strip.
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HUFFPOST SUPER USER
TheLonelyGod
The oncoming storm
04:28 PM on 06/01/2010
The Quartet were the ones who approved the embargo, actually. You can look it up.
08:39 PM on 06/01/2010
too wound up in legalese to see. what is this "state of war" with Gaza? You can be at war inside your country? So Obama can be in a state of war with Iowa, and put a blockade on it?

Anyway, no laws are really applicable here. What Israel has done and continues to do is so outrageously immoral it can never be defended or justified.
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piul05
Are you looking at my ears?! (Mo-om!!!)
02:00 PM on 06/01/2010
There has been, just now, a very enlightening interview on Al-Jazzeera with former ambassador Edward Peck, who was in one of the smaller flotillas.

Basically, I believe he was perplexed but not surprised; Israel has been feeding on militaristic aggression for so long that, at a time it could have played the benign dictator, allowing the much-needed supplies in and diffusing some of the tension her present actions have created in the past few years, it chose instead to go for the jugular believing to be a deterrent. It isn't.

She pushes itself further and further into a corner - Turkey, her only Muslim ally will pull the plug; Egypt leadership, forced by public outrage, has opened its borders; criticism is coming from all corners of the world - Sweden, Spain, Brazil - you name it.

Israel has long been reading the signs completely wrong and doesn't even care that it puts its main benefactor who just recently dissed the Turks on the Iranian issue, in a difficult stop, straining an already fragile cooperation. However, dutiful as ever, the US government is wagged by its tail, further weakening its own stance on the world stage. Some European leaderships, unable to think outside the box, will play Simon says.

The World Cup hasn't even started and its own goals all around.
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HUFFPOST SUPER USER
Blackorpheus
the decisive blows are always struck left-handed
01:12 PM on 06/01/2010
What does Obama have to do with it? He'll say one thing and do another. Actually he will do nothing but speechify, and Israel, which is officially contemptuous of Obama, knows all about Obama's incapacity to act decisively.
12:51 PM on 06/01/2010
For the uninformed, it doesn't make any difference what Obama wants. Israel has been the bull in the China closet, ignoring international law long before Obama was a twinkle in his father's eye...in Kenya. Obama does just as he's told, just like those that preceded him.
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Vlady
Better Late
12:44 PM on 06/01/2010
The whole incident regarding "peaceful" flotilla remind me the old soviet joke known during the conflict with China over mutual border. The official Soviet paper Pravda reported that 4 Chinese tanks crossed the border and attacked a peaceful Soviet tractor working in the field. Then Pravda went on. Responding to the attack the tractor fired on and destroyed Chinese tanks"
11:47 AM on 06/01/2010
This article is so helpful in understanding the confusing legal situation with regard to sunday's brutal attack and the potential fate of the Rachel Corrie. Thank you to the author for this illumination.
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HUFFPOST SUPER USER
Romulus
Centrist
12:28 PM on 06/01/2010
Prediction: Israel won't stop the Rachael Corrie until it enters Israeli territorial waters when it has the legal right to do so.
02:02 PM on 06/01/2010
Your prediction may be correct.

However, Israel has the legal right to intercept the Rachel Corrie and the other ships even in international waters.
02:38 PM on 06/01/2010
Israel can't claim international waters when it is an occupying force. It's called Palestine, not Israel.
11:41 AM on 06/01/2010
We must let the ship through and let the people of Gaza build their own community.
01:31 PM on 06/01/2010
The people of Gaza, and the Palestinian majority, elected a radical terrorist organization as their leadership. What should Israel do?
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piul05
Are you looking at my ears?! (Mo-om!!!)
01:38 PM on 06/01/2010
So have the Israelis -and no one is blockading them.
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HUFFPOST SUPER USER
Ralph Boyd
Look, . . right behind you!
04:04 PM on 06/01/2010
Do you mean there's another "Democracy" in the Middle East besides Israel?
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songoftherushes
I can think, I can wait, and I can fast
11:27 AM on 06/01/2010
There are just so many ways this could blow up. It is hard to see the compromise position.
02:07 PM on 06/01/2010
Israel has maybe a day to figure out a better way to stop the Rachel Corrie. Perhaps Israel will ram it. There ought to be technical means that are less dangerous.

Under the laws of war, if the Rachel Corrie tries to run the blockade, Israel has the right to sink it. But that is not likely.
03:32 AM on 06/02/2010
EastAsia, you have yet to support your ridiculous assertion that there are some "laws of war" involved. Show a piece of documentation of this war. If anything, Gaza is occupied territory then, and Israel is violating Geneva Protocols, especially those of mass punishment.

This is one more aspect then of continuing war crimes by Israel. Indefensible. But you can try. Show the Declaration of war against the democratically elected government of Gaza. Please, continue to make a fool of yourself and your cronies arguments.