A/HRC/15/21 Attorney’s Office submitted, inter alia, that harming the economy itself is a legitimate means of warfare and a relevant consideration even when deciding on allowing in relief consignments.14 32. From mid-2008, in response to the Free Gaza Movement’s attempts to enter Gaza by sea, the Israeli Government took a series of steps aimed initially at deterring shipping from travelling to the area. A Notice to Mariners was issued15 stating that all ships entering the central zone of the Gaza Maritime Area would be “subject to supervision and inspection.” Then, in August 2008, a second Notice to Mariners was issued stating that a maritime zone extends 20 miles to seaward from the Gaza Strip. In accordance with the agreements between Israel and the PA, entry by foreign vessels to this zone is prohibited.16 Imposition of the naval blockade 33. In his testimony to the Turkel Committee, Chief of General Staff Gabi Ashkenazi accepted that the “phenomenon of the flotillas” in mid-2008 represented the trigger for the imposition of the maritime closure, although he outlines that it was done for security purposes.17 Israeli Chief Military Advocate General, Avichai Mandelblit also stated that the justification for a naval blockade was on security grounds only. However, plans for a full naval blockade were initially not approved at the political level “on grounds of legitimacy” and the possibility of what Mandelblit describes as “severe criticism” at the international level.18 34. Shortly prior to the initiation of Operation Cast Lead at the end of 2008, a recommendation for the initiation of a closure was made by the Military Advocate General to the Defence Minister, who directed the imposition of a maritime closure on the Gaza Strip until further notice.19 The naval blockade of the Gaza Strip was established by Israel on 3 January 2009 and announced by the Israeli Navy on 6 January. The advisory states that “the Gaza maritime area is closed to all maritime traffic and is under blockade imposed by [the] Israeli Navy until further notice.”20 This advisory was publicized inter alia in a further Notice to Mariners (NTM) and through other channels. It was also publicized twice daily on the NAVTEX broadcast system, regularly updating shipping according to location via a direct-printing service.21 Chief Military Advocate General Mandelblit stated that this 14 15 16 17 18 19 20 21 8 Section 4 of State Submission to the Israeli Supreme Court in case HCJ 9132/07 – Al Bassiouni vs.Prime Minister. See http://www.gisha.org/UserFiles/File/turkel%2026-8-2010-3.pdf A Notice to Mariners advises mariners of important matters affecting navigational safety, including new hydrographic information, changes in channels and aids to navigation and other important data. Israeli Notice to Mariners 6/2008 IDF Chief of General Staff, Gabi Ashkenazi’s testimony to the Turkel Committee: Public Commission to Examine the Maritime Incident of May 31, 2010, Session Number 4, 11 August 2010, p. 13. IDF Chief Military Advocate General, Avichai Mandelblit’s testimony to the Turkel Committee: Public Commission to Examine the Maritime Incident of May 31, 2010, Session Number 4, 26 August 2010, p. 41. IDF Chief of General Staff, Gabi Ashkenazi’s testimony to the Turkel Committee: Public Commission to Examine the Maritime Incident of May 31, 2010, Session Number 4, 11 August 2010, pp. 18f. NO. 1/2009 Blockade of the Gaza Strip. See website of the State of Israel Ministry of Transport and Road Safety: http://info.mot.gov.il/EN/index.php?option=com_content&view=article&id=124:no12009&catid=17: noticetomariners&Itemid=12 IDF Chief of General Staff, Gabi Ashkenazi’s testimony to the Turkel Committee: Public Commission to Examine the Maritime Incident of May 31, 2010, Session Number 4, 11 August 2010, pp. 18f.