UN report: Israel violated international law during flotilla raid

Photo of Israeli soldier boarding the Mavi Marmara, by IsraelIMFA

Israeli forces intercepted a humanitarian aid flotilla on 31 May 2010 in a military mission that shocked the international community, including humanitarians and human rights activists around the world. The military mission left 9 people dead aboard the Mavi Marmara, a ship that was carrying humanitarian aid bound for Gaza. In its defense, Israel invoked the right to defend and secure its borders and condemned the attempt by the flotilla to break the Gaza blockade. Following the incident, the United Nations Security Council (UNSC) ordered an investigation into the flotilla raid and an independent fact-finding mission was established by the Human Rights Council to investigate the incident.

On 22 September 2010, the fact-finding mission issued a report of the application of international law during the raid. The report concludes that Israel violated international humanitarian and human rights law during the interception of the aid flotilla in May.

In a vital part of the report (Part IV) which dwells on accountability and effective remedy, the mission notes that victims of the flotilla raid have the right to effective remedy and reparations, and hopes that Israel honors its obligations under international law and bring perpetrators of the violation to justice.

On 1 June 2010, in an article about Israel's right to defend and secure borders, I concluded that Israeli commandos used disproportionate force during the mission and should be held accountable for the lives lost during the interception of the aid flotilla. Israel is party to the International Covenant on Civil and Political Rights (ICCPR) and therefore has a legal obligation under international law to hold perpetrators accountable and compensate victims of the flotilla raid.

It remains to be seen whether Israeli authorities will bring those responsible for the violation of humanitarian and human rights law during the flotilla raid to justice.

Read the complete 56-page report (in pdf) published on the Human Rights Council website, here.

A defiant Israel argues that the report is biased.

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Israel: Arab man convicted for consensual sex with Jewish woman

This happened more than a month ago in Israel, but, like many people, I missed the story. In July 2010, an Arab man was convicted of rape after he posed as a Jew and had consensual sex with the Jewish woman. 

Sabbar Kashur - a 30-year-old married Arab male met a Jewish woman in Jerusalem, told her he was a Jewish bachelor and the two consenting adults had sex shortly after the meeting. The woman reported Kashur to the police after she later discovered that he was not a Jew. Kashur was charged, convicted and sentenced to 18 months in prison for "rape by deception."

According to The Guardian, Arabs make up only 20% of the population of Israel, and Arabs are commonly marginalised.

As you would expect, Sabbar Kashur has criticised the verdict of the Jerusalem District Court - branding it "racist".

Rape by deception, according to Wikipedia, is a crime recognised in some jurisdictions including California and Tennessee in the U.S. Incidentally, it is a crime in Israel. Hence the conviction of Kashur for having consensual sex by deception with a Jewish woman is justifiable under Israeli law.

Perhaps, the case would have been decided differently in a European court, where the use or threat of violence and the absence of consent are key ingredients in the definition of rape.

Sources reveal that Sabbar Kashur will appeal the conviction for consensual sex.

*Photo: The Guardian.

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Israel: Right to defend and Secure Borders?

May 31, 2010 went down in history as the day Israeli naval forces intercepted a flotilla (small fleet) of ships in international waters. The flotilla was bound for Gaza and was determined to break the Gaza blockade - in a bid to deliver humanitarian aid to a people in need. According to Aljazeera, at least 19 people were killed and many wounded (UN reports that 9 people were killed) when armed Israeli commandos descended on one of the ships - the Mavi Marmara. The question is - does the storming of the flotilla have anything to do with Israel's right to defend itself and secure its borders?

You would agree that over the years, Israel has repeatedly asserted its right to defend itself and secure its borders. This, no doubt, is Israel's famous justification for using excessive force in military operations that more often than not result in civilian casualties.

Like many people, you are probably wonder why the government of Israel is so suspicious and "obsessed" with defending and securing its borders. To feed your curiosity, I did a little research and found a video clip that clears the doubts. WATCH...



Israel unconditionally has the right to defend and secure its borders. But this right comes with obligations to respect basic principles of international law.

Since Israeli commandos intercepted the flotilla, Israel has been on the headlines - for all the wrong reasons. The international community has condemned the action, with strong words from Palestine, Iran, Turkey, France, Britain, Italy, Germany, just to name a few. The European Union, Arab League and the Vatican also issued statements against the attack. Ban Ki-moon, United Nations Secretary General, was "shocked" by the tragedy and condemned Israel's action.

It is worth mentioning that the White House was more cautious in its statement: "The United States deeply regrets the loss of life and injuries sustained, and is currently working to understand the circumstances surrounding this tragedy."

Personally, I understand Israel's security concerns and respect its right to defend and secure its borders. But the flotilla incident left me with no doubt that Israel used disproportionate force against humanitarians in international waters. Israel should be held accountable! No civilian should die on a humanitarian mission to deliver aid to a people in need. Israel should exercise restraint in the assertion of its right to defend itself and secure its borders.

It is fair to say - the activists would have simply used "authorised channels" to deliver the much needed aid to Gaza. The loss of innocent lives was preventable.

The United Nations Security Council (UNSC) has ordered an investigation into the flotilla raid.

UPDATE - UN Report: Israel violated international law during flotilla raid.

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