A/HRC/15/21 blockade was approved at ministry level by the State Attorney without involving military legal advice.22 35. Senior Israeli officials have stated that the legal basis for the blockade was (1) the San Remo Manual, (2) the London Declaration and (3) customary law23 and the existence of an armed conflict between Hamas and Israel that had continued after Operation Cast Lead.24 36. A military closure order was signed by the Commander of the Israeli Navy on 28 May 2010,25 prohibiting persons from entering a specified “closed area” referred to as “Area A” and advising all ships and persons to stay away from a “dangerous area” referred to as “Area B”26 but, according to testimony received by the Mission, not gazetted. The order announcing the blockade was presented by the representative of the State in a hearing on the extension of detention of four Palestinian Arab citizens of Israel as the provision on the basis of which the Israeli forces entered international waters. The application to extend the arrest of the 4 individuals concerned was based on the argument that there had been a violation of the above mentioned order. 2. The humanitarian situation in the Gaza Strip 37. The humanitarian situation in Gaza resulting from the imposition of the blockade on the Gaza Strip since June 2007 has been a matter of increasing concern for the international community, including the Security Council. Following the Flotilla incident, the Security Council qualified the situation in Gaza as “not sustainable”, stressing the full implementation of Resolutions 1850 (2008) and 1860 (2009), in which it, inter alia, expressed “grave concern [...] at the deepening humanitarian crisis in Gaza”, emphasized “the need to ensure sustained and regular flow of goods and people through the Gaza crossings” and called for the “unimpeded provision and distribution throughout Gaza of humanitarian assistance, including food, fuel and medical treatment.” In the Presidential Statement, the Security Council reiterated its “grave concern at the humanitarian situation in Gaza” and stressed “the need for sustained and regular flow of goods and people to Gaza as well as unimpeded provision and distribution of humanitarian assistance throughout Gaza.”27 In addition, the United States Ambassador to the United Nations in Geneva said “we continue to believe the situation in Gaza is unsustainable and is not in the interest of any of those concerned”.28 38. In a United Nations joint statement issued on 31 May, Robert Serry, the United Nations Special Coordinator for the Middle East Peace Process and Filippo Grandi, 22 23 24 25 26 27 28 IDF Chief Military Advocate General Staff, 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, pp. 41-43. Ibid., p. 43. Ibid., pp. 44-45. Closure Order and Announcement of Dangerous Area in Sea 06(10, 2010 [Defense (Emergency) Regulations of 1945]. Extract of the hearing on 1 June 2010 on the detention of the four Palestinian Arab citizens of Israeli, before the Ashkelon Magistrates Court (unofficial translation). S/PRST/2010/9. In Security Council resolution 1860 (2009) of 8 January 2009, the Council expressed “grave concern ...at the deepening humanitarian crisis in Gaza” and emphasized “the need to ensure sustained and regular flow of goods and people through the Gaza crossings. It called for the “unimpeded provision and distribution throughout Gaza of humanitarian assistance, including food, fuel and medical treatment”. Statement by the representative of the United States of American to the Human Rights Council, Geneva, 1 June 2010. 9