The European Flotilla to Gaza Facts and Legal Background

1. The European Flotilla to Gaza Facts and Legal Background

2. Table of Contents 2 3 1 Israel and Flotillas Current Flotilla Strategic Context Recent Flotillas General Strategic Background Terrorist Activity Against Israel The Turkel Commission Organizers Weapons Smuggling Israeli Policy: Flotillas The Naval Blockade: Legal Aspects Enforcing Naval Blockades Humanitarian Status: Gaza

3. Strategic Background: Terrorist Activity Directed at Israel In 2007 the terrorist organization Hamas staged a violent coup on the Gaza Strip, obtaining de-facto authority over the area. Hamas has since transformed the Strip into a launching point for terrorist activity, staging attacks against Israel’s civilian population, facilitating the smuggling of weapons into the Strip and supporting other terrorist organizations in perpetrating attacks. Rocket and Mortar Fire from the Gaza Strip: Recent Terrorist Attacks: On 7 April 2011, a Hamas cell launched a Kornet AT missile at an Israeli school bus, injuring the driver and killing a16-year-old and. From 7 April to 10 April. 139 rockets and missiles were launched at Israel. Barrages of rocket and mortar fire have threatened the lives and livelihood of civilians in southern Israel. Hamas’ Rejection of International Community Conditions: • Recognition of the State of Israel’s right to exist • Cessation of hostile terrorist activity against Israel • Recognition of agreements between Israel and the PA

4. Strategic Background: Weapons Smuggling Weapons intended for terrorism in the Gaza Strip originate primarily from Iran and Syria, which aim to destabilize the region and encourage attacks against Israel. Grad missiles, rockets and mortars, advanced anti-tank missiles and other sophisticated weaponry are transferred with the explicit goal to harm Israeli civilians. Weapons are smuggled to the Gaza Strip through land and sea channels. In recent years there have been multiple attempts to smuggle illegal arms via cargo ships. In order to counter arms smuggling and to protect its civilian population, and after all other means of prevention, including diplomatic overtures, had been exhausted, Israel imposed a naval blockade on the Gaza Strip in accordance with international law. RAFAH The VICTORIA Hamas manages an extensive network of smuggling tunnels that run through the Gaza-Egyptian border. A wide range of sophisticated weaponry has found its way to Hamas and other terrorist organizations through these tunnels. 15March 2011 Smuggled arms originating from Iran and intended for the Gaza Strip. The ship contained 3 cargo containers filled with 25 tons of arms and ammunition, including the sophisticated Nasr 1 surface-to-sea missile. The HANSA INDIA The MONCHEGORSK October 2009 Sailing from Iran under a German flag, the "Hansa India" was scheduled to unload eight containers in Egypt. After German authorities prohibited the unloading of the ship, it continued to Malta, where containers with bullets and material for the construction of weapons were discovered onboard. January 2009 Operating on behalf of an Iranian shipping company and sailing under a Cypriot flag, the “Monchegorsk” was stopped in Cyprus. On board, large amounts of weapons were found including artillery shells, supplies for creating rockets, mortar shells and more.

5. Naval Blockade: Legal Aspects Right: Map of Naval Blockade Israel enforces certain restrictions aimed at ensuring its security by preventing Hamas military buildup. According to international law, imposition and enforcement of naval blockades is legitimate subject the following conditions: Public Declaration The date the blockade begins and its geographic location and boundaries must be notified to every affected country [Israel established the blockade on 03/01/09 and went to great lengths to notify all relevant parties] Effectiveness A State that declares a naval blockade must enforce it in practice Impartiality Blockades must be applied impartially to vessels of all States Neutral Access A naval blockade must not bar access to the ports and coasts of neutral States Humanitarian Access The passage of objects essential for the survival of the civilian population of the blockaded area must be allowed, subject to the right of the blockading party to prescribe the technical arrangements, including search, under which the passage is permitted. [See slide 7 for implementation]

6. Enforcing Naval Blockades Attempted Breaching of the Blockade The entry of a vessel into a blockaded area without permission constitutes a breach of a naval blockade. According to international law, if there are reasonable grounds to believe that a vessel has breached the blockade, it may be captured. If the vessel refuses to stop, use of force is permissible. Moreover, a vessel may be captured when attempting to breach a naval blockade if there are reasonable grounds to believe that the vessel intends to breach it, even before the vessel reaches the blockaded area. In such a case, the capture must take place outside of territorial waters of neutral states. “ ” Attempted breach of blockade occurs from the time a vessel or aircraft leaves a port or airfield with the intention of evading the blockade… The Commander’s Handbook on the Law of Naval Operations, US Navy

7. Humanitarian Status in Gaza In coordination with the PA, international organizations and NGOs, supplies and goods are transferred on a daily basis to the Gaza Strip, extending beyond the requirements of international law. Israel continues to assist in ensuring that basic water and infrastructure requirements in Gaza exist, allowing equipment transfers when necessary. Transfers in 2010 Trucks: 39,868 Medical Evacs: 17,924 According to the latest report by the International Monetary Fund (IMF), Gaza's economy has grown 16% in the first half of 2010. NGO Personnel: 177,000 Transfers in 2011 (Jan-Feb) There has been a 92% increase in the number of truckloads entering the Gaza Stripdaily via the Kerem Shalom crossing since June 2010. Trucks: 8,536 Imports - mainly food and medicine - have risen from 20% to 35% of the levels before Hamas take over in 2007. Tons: 270,812 (till 3 March) Medical Evacs: 2,998 In 2010, 121 projects funded by the International Community were approved, 107 of which after June 2010. The capacity at the land crossings will increase to 400 trucks a day by the second half of 2011. This constitutes a 344% increase compared to June 2010 (currently the crossings can absorb over 300 trucks per day). Hamas has recently refused to allow entrance of fuel from Israel into the Gaza Strip, preferring to employ smuggling routes.

8. “Humanitarian activists” that arrived to the Gaza Strip with the “Viva Palestina”. (October 2010)

9. The Turkel Commission and Report The Turkel Commission was established in the wake of the incident on the Mavi Marmara flotilla. The commission was given full power as an independent public inquiry commission and was comprised of 6 members and two international observers with extensive backgrounds in maritime and international law, headed by Honorable Supreme Court Justice Jacob Turkel. The Commission’s Report – Main Findings: The commission determined that Israel fully complied with the requirements of international law pertaining to armed conflicts at sea, and specifically verified the legality of the blockade and the measures in order taken to enforce it . The goal of the flotilla was not to provide humanitarian aid, as it refused to unload goods at the Israeli port of Ashdod (to be transferred to the Gaza Strip via land crossings), but rather to force a confrontation with Israeli security personnel The violence was deliberate and premeditated and the IHH activists were armed with weapons including axes, clubs, slingshots, knives, and metal objects The IHH activists used firearms against IDF soldiers during hostilities. Weapons found onboard the Mavi Marmara and picture of violence perpetrated against Israeli commandos

10. We are not afraid to die as Shaheeds […] We will not retreat until the siege of Gaza is lifted Bulent Yildrim, Head of the IHH May 30th, 2010

11. IHH The IHH (Insani Yardim Vakfi) is a radical Islamist organization established in 1992, formally registered in Istanbul (1995) and led by Bulent Yildrim. In recent months, domestic branches have been put on national terrorist lists in multiple European countries, including Germany and Holland. While its activities include legitimate humanitarian activity, the group maintains the support of radical Islamist terrorist organizations: Hamas The IHH openly supports the Hamas, as a member of the Union of Good (UoG). UoG was defined a terrorist entity by the US government in 2008. al-Qaeda In 2006, a Danish research group showed IHH involvement in recruitment, the purchase of weapons and the planning of attacks for al-Qaeda. Global Jihad IHH has links with the GJ in the Middle East, as well as Syria, Iraq, Afghanistan and Chechnya. A CIA report (1996) exposed the IHH’s connection with extremist groups. It also provided aid to a terrorist planning an attack in the US (2000) IHH provided 40 core activists, three boats, including the Mavi Marmara, as well as aid to the Hamas regime in preparing to receive the May 2010 Flotilla. Bulent Yildrim also admitted to having children and elderly on board as a deliberate human shields (30 May, 2010)

12. Israeli Policy Regarding Flotillas Focal Points Israel has imposed a maritime blockade on the Gaza Strip’s coast to prevent the smuggling of arms and supplies to Hamas and other terrorist organizations in accordance with international law. Israel allows for the transfer of goods through the land crossings, pending security inspection to ensure no goods constituting a security risk to the State of Israel are allowed in. Any vessel wishing to transfer goods into the Gaza Strip has the option to unload its cargo at Ashdod Port in Israel or an alternative port in Egypt. The goods are transferred into the Gaza Strip by land, following security inspections. Any attempt to breach the naval blockade in spite of these alternatives is a clear provocation. Several of the organizers of the European flotilla have publicly stated that their goal - as was the case with previous flotillas - is not humanitarian but rather to breach the Israeli blockade by all means in what is clearly meant as a provocation. Flotillas whose sole aim is to breach the naval blockade as a provocative action have already been condemned by the European Union and the United States, which have backed Israel’s policy on good transfers. Israel expects the international community to act against this unnecessary provocation and encourages the flotilla’s participants to act through the accepted channels.