A/HRC/15/21
156. On 3 June, the Government of Ireland engaged in negotiations with the Government
of Israel to guarantee that the cargo of aid aboard the Rachel Corrie could be delivered to
Gaza if the ship diverted to the port of Ashdod. The passengers on the ship did not
participate in these negotiations and decided to reject the offer since their objective was not
only to deliver the aid but also to break what they considered the illegal siege of Gaza.
157. The ship continued its journey towards Gaza. The interception of the vessel followed
the precedent of the earlier interceptions, but without violence, on 5 June. A number of
Israeli naval vessels came into view and radio contact commenced at about 0630 hours. The
captain was informed that Gaza was a closed military zone and that the ship should not
proceed. The Rachel Corrie responded that it was a civilian ship delivering humanitarian
aid and that their cargo, which had been checked and sealed by the authorities in Ireland,
did not constitute a threat to Israel.
158. The passengers on the ship noted with irritation that the Israelis continually referred
to the ship by its former name, the M. V. Linda. The ship had been renamed shortly before
leaving Ireland to commemorate an American woman, Rachel Corrie, who had been killed
by an Israeli bulldozer in the Gaza Strip in 2003.
159. When the Israelis warned of their intention to board the vessel, the passengers
rejected Israel’s right to board since they were in international waters and did not constitute
a threat but stated that there would be no violent resistance to a boarding. The ship’s
communication capability was jammed. The engines were cut by the captain and, at around
1100 hours, zodiacs approached the ship and soldiers boarded in accordance with an agreed
procedure. The passengers and crew were gather amidships and sit with their hands
outstretched, while one man controlled the boat in the wheel house. Around 35 armed
soldiers, including three women, boarded in full riot gear. The boarding proceeded
peacefully. According to one witness, the ship was 35 nautical miles from Gaza at this
point.
160. The lead passenger, who had control of the ship just prior to the boarding, was
handcuffed and made to kneel at the back of the ship for approximately 45 minutes after
which he was placed with the crew. His wife was not allowed to see him during most of the
journey to Ashdod. The other passengers had their passports checked, were searched and
then made to sit in the sun for several hours while the ship was searched. The ship was then
taken to Ashdod without incident.
161. The Israeli Chief of General Staff, testifying before the Turkel Committee, cited the
Rachel Corrie as an example of a humanitarian ship which had accepted to be diverted to
Ashdod in order that the aid could be delivered to the Gaza Strip by land. This contradicts
the assertion by passengers of the ship that they were boarded after protest and were taken
to Ashdod against their will.
2.
(a)
Legal analysis of the use of force in intercepting the Gaza flotilla
Excessive use of force and the right to life and to physical integrity
162. Article 6, paragraph 1, of the International Covenant on Civil and Political Rights
states:
Every human being has the inherent right to life. This right shall be protected by
law. No one shall be arbitrarily deprived of his life.
This right is non-derogable.
163. Insofar as the Israeli interception of the flotilla was unlawful—and the Mission
considers that it was unlawful—the use of force by the Israeli forces in seizing control of
the Mavi Marmara and other vessels was also prima facie unlawful since there was no legal
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