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.
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