Turkel Unanimous: Israel acted within Law on Flotilla and on Gaza Blockade...


By Jonathan Hoffman
January 23, 2011
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http://www.jpost.com/DiplomacyAndPolitics/Article.aspx?id=204858

The 300-page Report in full:
http://www.turkel-committee.gov.il/files/wordocs/8808report-eng.pdf

Conclusions

• The conflict between Israel and the Gaza Strip is an international
armed conflict.

• Israel’s ‘effective control’ of the Gaza Strip ended when the
disengagement was completed.

• The purpose of the naval blockade imposed by Israel on the Gaza Strip
was primarily a military-security one.

• The naval blockade was imposed on the Gaza Strip lawfully, with
Israel complying with the conditions for imposing it.

• Israel is complying with the humanitarian obligations imposed on the
blockading party, including the prohibition of starving the civilian
population or preventing the supply of objects essential for the survival
of the civilian population and medical supplies, and the requirement
that the damage to the civilian population is not excessive in relation
to the concrete and direct military advantage anticipated from the
blockade.

• The imposition and enforcement of the naval blockade on the Gaza
Strip does not constitute ‘collective punishment’ of the population of
the Gaza Strip.

• International law does not give individuals or groups the freedom to
ignore the imposition of a naval blockade that satisfies the conditions
for imposing it and that is enforced accordingly, especially where a
blockade satisfies obligations to neutral parties, merely because in the
opinion of those individuals or groups it violates the duties of the party
imposing the blockade vis-à-vis the entity subject to the blockade.

• A vessel that attempts to breach a blockade is subject to international
law governing the conduct of hostilities: international humanitarian
law, including the rules governing use of force.

• The Israeli armed forces' interception and capture of the Gaza Flotilla
vessels in international waters - seaward of the blockaded area - was in
conformity with customary international humanitarian law.

• The tactics chosen to intercept and capture the Flotilla vessels
-including having Shayetet 13 naval commandoes board from Morena
speedboats and fast-rope from helicopter onto the roof of the vessels -
was consistent with established international naval practice.

• The participants in the Flotilla were predominantly an international
group of civilians whose main goal was to bring publicity to the
humanitarian situation in Gaza by attempting to breach the blockade
imposed by Israel.

• On board the Mavi Marmara and the other flotilla vessels was a group
of IHH and affiliated activists (the “IHH activists”) that violently
opposed the Israeli boarding. The IHH activists who participated in
that violence were civilians taking a direct part in hostilities.

• The force used against civilians on board the flotilla was governed by
the principles of "necessity" and use of "proportionate force" associated
with human rights based law enforcement norms. However, the IHH
activists lost the protection of their civilian status for such time as they
directly participated in the hostilities. The use of force against these
direct participants in hostilities is governed by the applicable rules of
international humanitarian law.

• The Rules of Engagement for the operation provided an authority to
use force that reflected the nature of a law enforcement operation.

• The IHH activists carried out the violence on board the Mavi Marmara by
arming themselves with a wide array of weapons, including iron bars,
axes, clubs, slingshots, knives, and metal objects. These were weapons
capable of causing death or serious injury. Further, the hostilities
were conducted in an organized manner with IHH activists, inter alia,
operating in groups when violently assaulting the IDF soldiers.

• The IHH activists used firearms against the IDF soldiers during the
hostilities.

• The Commission has examined 133 incidents in which force was used.
The majority of the uses of force involved warning or deterring fire
and less-lethal weapons.

• Overall, the IDF personnel acted professionally in the face of extensive
and unanticipated violence. This included continuing to switch back
and forth between less-lethal and lethal weapons in order to address
the nature of the violence directed at them.

• The Commission has concluded that in 127 cases, the use of force
appeared to be in conformity with international law.

• In six cases, the Commission has concluded that it has insufficient
information to be able to make a determination.

• Three out of those six cases involved the use of live fire and three cases
involved physical force; two incidents of kicking and one strike with
the butt of a gun.

• In five out of the 127 incidents that appeared to be in conformity
with international law, there was insufficient evidence to conclude
that the use of force was also in accordance with law enforcement
norms. However, in these cases, force appeared to be used against
persons taking a direct part in hostilities and, as a consequence, was in
conformity with international law.

• The planning and organization of the IDF mission to enforce the blockade
did not include anticipation that there would be a violent opposition
to the boarding, which had a direct impact on the operational tactics,
Rules of Engagement, and training before the operation. However,
the focus of the planning and organization of the operation on a lower
level of resistance did not lead to a breach of international law.

COMMENTS

Armchair Quarterback

Sun, 01/23/2011 - 14:41

Rate this:

-3 points

Well I have to say I never expected this. Whoever would have thought that an Israeli " enquiry " into Israel would have reached such conclusions

It just goes to show you can never be sure of anything


Armchair Quarterback

Sun, 01/23/2011 - 14:44

Rate this:

-2 points

I guess it will be just too bad if the world is underwhelmed and merely takes this as one more, admittedly more brazen then usual example, of how the idea of Israel investigating itself is just too funny for words


Jonathan Hoffman

Sun, 01/23/2011 - 14:47

Rate this:

4 points

How predictable, moron

There were two eminent international observers who have written in the Report that it was completely independent:

David Trimble, 65 (Northern Ireland) – David Trimble won the Nobel Peace Prize in 1998 for his role in the peace agreement in Northern Ireland. He served in the British parliament for 15 years and since 2006 has served in the Upper House. In 1995 he became the leader of the UUP and agreed to join the talks which led to the disarming of the IRA and its entering mainstream politics in Northern Ireland. ynet

Ken Watkin, 56 (Canada)- Watkin served as legal adviser to the Canadian Navy, which is expected to come in handy in the current case. He also has a deep knowledge of combat against non-state actors and terrorists, and therefore expected to understand Israel’s position. Watkin who retired from the Canadian army recently, served for four years as JAG.


Armchair Quarterback

Sun, 01/23/2011 - 14:55

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-4 points

No one is able to declare something that isn't independent , independent.

If I were on trial for murder and my brother was the judge and I got to pick the jury the fact that two observers claimed it was independent wouldn't make it so especially if I also got to pick the observers.

I would be surprised if those observers wrote that it was " independent " ( actually used that word )

I stand to be corrected but I have trouble thinking they could be so stupid

But as I say I stand to be corrected


jose (not verified)

Sun, 01/23/2011 - 15:00

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3 points

Jonathan, I think the moron has not understood what "unanimous" means.


jose (not verified)

Sun, 01/23/2011 - 15:03

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4 points

The idea of a "fair and independent jury" for Wheelchair:
- one member of ISM
- one member of Hamas
- one member of Hezbollah
- one member of Fatah

Totally independant and competent!


Armchair Quarterback

Sun, 01/23/2011 - 15:04

Rate this:

-4 points

I know what unanimous means

If the observers( appointed by Israel on the grounds of their being " friendly " and safe pairs of hands ) did use the word independent that would only prove they don't have the remotest clue what " independent " means

Maybe they should read The Independent ha ha ha lol @ me


jose (not verified)

Sun, 01/23/2011 - 15:56

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4 points

I know what unanimous means

No it is not the same as "onanism" !


Armchair Quarterback

Sun, 01/23/2011 - 16:46

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-4 points

Look can we all just get real for a single solitary moment

an independent enquiry into oneself is logically impossible. And even if it weren't it would be psychologically impossible ( I know about this stuff cuz of my three philosophy degrees )

So Turkey produces a report saying Israel sucks.Then Israel produces a report saying Israel is the most wondrous thing in the entire cosmos

Then an " independent " report reads both reports and writes a report that goes right down the middle.

And so the lives of the people that live between the river and the sea are ignored cuz what is way more important is the report writing and propaganda war

Yayboo i scored a report writing propaganda anecdotal war point over you

Dear god get get fucking real and smell the roses


Armchair Quarterback

Sun, 01/23/2011 - 16:59

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-3 points

oh see above yonathan


Harvey

Sun, 01/23/2011 - 17:00

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3 points

Quarterback

Your lame comments are akin to the response from Hezbollah to the UN Tribunal on the murder of Hariri . Like you , they do not agree with the outcome . Why am I not surprised .

You are made for each other


Armchair Quarterback

Sun, 01/23/2011 - 17:03

Rate this:

-3 points

lazy i admit to In fact my careers teacher said if i hadna been so lazy i cudda been a dom


jose (not verified)

Sun, 01/23/2011 - 17:07

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3 points

In fact my careers teacher

It is already difficult to believe you had a teacher, let alone a career, Wheelchair. Please try to get real.


Armchair Quarterback

Sun, 01/23/2011 - 17:07

Rate this:

-3 points

but this is compensated for by my incomparable genius


Jez Waterman (not verified)

Sun, 01/23/2011 - 17:11

Rate this:

-3 points

Israel has investigated itsself and found it is not guilty. In fact the Mavi Marmarta deliberately manoeuvered until it was under the helicopters and then the crew shinned up the ropes.
Equally believable is Myra Hindley's investigation of herself in which she revealed that she had never met Brady and was in fact a leading churchgoer and member of the Womens Institute.
Mr Hoffman. Are you unaware that Trimble won the Peace prize jointly with Gerry Adams, and Adams thinks that Israel is a racist colonial force in illegal occupation of Palestine? So those two cancell one another out, just as the joint Rabin/Arafat peace prize cancells out.
Trimble set up a pro-Israeli organisation a few weeks before he was invited to help with the whitewash (don't say it isn't true, you know I have the link) and the same is true of the Canadian.


Armchair Quarterback

Sun, 01/23/2011 - 17:14

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-2 points

oh come on you really think the world is going to fall for this ?

Israel sets up an enquiry composed of israelis and appoints two observers who they can rely on to say that the enquiry had achieved the logical and psychological impossibility of being independent

you cant be serious


Armchair Quarterback

Sun, 01/23/2011 - 17:16

Rate this:

-4 points

jez my only doubt about you is your penchant for causing these freaks gratuitous pain


Jez Waterman (not verified)

Sun, 01/23/2011 - 17:29

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-3 points

Well armchair you have a point, but we both know that they are pursuing a pretty evil agenda, so they deserve to be made to think about the implications.


Armchair Quarterback

Sun, 01/23/2011 - 17:39

Rate this:

-1 points

well i wouldnt call it an evil agenda is a dog to be blamed for contracting rabies ? But fret not they are a tiny minority the wider audience knows what is what


jose (not verified)

Sun, 01/23/2011 - 17:43

Rate this:

3 points

but this is compensated for by my incomparable genius

Depends on you very personal definition of genius, Wheelchair.

Adams thinks that Israel is a racist colonial force in illegal occupation of Palestine?

We don't doubt Adams is an antisemite, as this kind of talk is defined as such by the EU working definition of antisemitism, Waterdrop.

cancell
...
peace prize cancells out.

can cell? The one they put you in?

pretty evil agenda

Your agenda is just ugly. Go face a mirror if you dare, Waterdrop.


jose (not verified)

Sun, 01/23/2011 - 17:45

Rate this:

2 points

The rules by Waterdrop and Wheelchair:

- rule #1: Israel is guilty.
- rule #2: if Israel is not guilty, apply rule #1


Yoni1

Sun, 01/23/2011 - 17:51

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2 points

"And so the lives of the people that live between the river and the sea are ignored"

The town of Sderot, shelled for years by your Nazi friends Hamas, is between the river and the sea, you utter brainless tosser.

Quarterdick and Waterbrain, the tweedledum and tweedledee of moronic antisemitism.


Yoni1

Sun, 01/23/2011 - 17:54

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2 points

"the Mavi Marmarta deliberately manoeuvered until it was under the helicopters"

It set out deliberately to break a legitimate blockade, wanker.


jose (not verified)

Sun, 01/23/2011 - 18:05

Rate this:

1 point

The terror-supporting bunch have lost the Gaza lawfare battle and they are pretty upset, it seems!

What are they complaining about? They got their nine martyrs up to heaven, as they declared they wanted. Be happy!


jose (not verified)

Sun, 01/23/2011 - 18:14

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1 point

Their HAMAS masters are also very upset! They don't know what they are saying, trying every blood libel:
http://www.ynetnews.com/articles/0,7340,L-4017706,00.html

I guess this was the logical thing to say, after the sharks and vulture thing...


Armchair Quarterback

Sun, 01/23/2011 - 18:14

Rate this:

-2 points

We don't doubt Adams is an antisemite, as this kind of talk is defined as such by the EU working definition of antisemitism, Waterdrop.

Collins english dictionary " Anti semite a peron who persecutes or discriminates against jews 2

no mention of Israel


Yoni1

Sun, 01/23/2011 - 18:15

Rate this:

1 point

Israel is the national homeland of the Jews, quarterdick and microbrain.


Yoni1

Sun, 01/23/2011 - 18:18

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1 point

"accusing the Mossad of being behind the New Year's Day suicide bombing"

Yes, Moslems never do this sort of thing, it's purely a Jewish and Buddhist thing.

These are your Nazi friends, Waterbrain and Microdick.


Armchair Quarterback

Sun, 01/23/2011 - 18:21

Rate this:

-2 points

so a bunch of pea brained EU beauracratcs are a better bet for the definition of a word then full time professional lexicographers


Armchair Quarterback

Sun, 01/23/2011 - 18:29

Rate this:

-2 points

dear god anyone of us could have written the merkel report in advance get real and lets get on to getting the two state solution moving and make all this crap irrelevant


jose (not verified)

Sun, 01/23/2011 - 18:30

Rate this:

2 points

so a bunch of pea brained EU beauracratcs are a better bet for the definition of a word then full time professional lexicographers

Your 'teachers' never taught you the difference between "then" and "than", Wheelchair?

Collins english dictionary

Collins dictionary doesn't state that Israel is a Jewish State, Wheelchair?
EU working definition does not contradict that of Collins. It just gives examples of what is antisemitism after the racists changed the word "antisemitism" to "anti-Zionism".


jose (not verified)

Sun, 01/23/2011 - 18:33

Rate this:

2 points

anyone of us could have written the merkel report

Didn't we say "Turkel", Wheelchair? Writing troubles, reading troubles, comprehension troubles... That's a lot for one single man!


jose (not verified)

Sun, 01/23/2011 - 18:41

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2 points

From EU working definition of antisemitism:

Examples of the ways in which antisemitism manifests itself with regard to the state of Israel taking into account the overall context could include:

Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor.

Adams is right on target.


Armchair Quarterback

Sun, 01/23/2011 - 18:42

Rate this:

-2 points

lol anyone of us still cudda written it in advance my writing disabilities , reading troubles, comprehension troubles dont impact on anything


Jez Waterman (not verified)

Sun, 01/23/2011 - 18:58

Rate this:

-3 points

Hi Yoni,
Adams a Nazi you say, perhaps so but I have not seen any evidence for that, any chance of you backing up what you assert? Trimble for certain has Fascist friends. Just before he joined the whitewash he set up the Friends of Israel Initiative jointly with Jose Maria Aznar of the Spanish Falange (Fascist) Party. Google it, it's a fact.
About Hamas, don't forget that elements of the Israeli Milatary said they were pleased that Hamas was in power in Gaza.
The Israeli Military years back encouraged the growth of Hamas as a counterbalance to Fatah. Then Hamas became powerful and it was a case of the biter bit.


Armchair Quarterback

Sun, 01/23/2011 - 19:21

Rate this:

-2 points

Trimble is a big fan of colonialism specially scots presbytarian colonialism in Ireland. He is a natural supporter of colonialism anywhere why do you think he was chosen BY ISRAEL to be an " observer " ?


jose (not verified)

Sun, 01/23/2011 - 19:22

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2 points

About Hamas, don't forget that elements of the Israeli Milatary said they were pleased that Hamas was in power in Gaza.

Never give up the blood libel, do you Waterdrop?
Of course, your dear 'Palestinians' elected the Nazi HAMAS, remember? But that is not a problem to you, is it?
It's only a problem when you can blame Israel for it.
Well, I have bad new for you, Waterdrop: you too fall under the EU working definition of antisemitism. It's the double standards thing, you know?


Armchair Quarterback

Sun, 01/23/2011 - 19:22

Rate this:

-2 points

Trimble is a big fan of colonialism specially scots presbytarian colonialism in Ireland. He is a natural supporter of colonialism anywhere why do you think he was chosen BY ISRAEL to be an " observer " ?


jose (not verified)

Sun, 01/23/2011 - 19:26

Rate this:

2 points

The problem is that neither Wheelchair nor Waterdrop, or Waterchair and Wheeldrop (getting confused since they are so much like each other) know what a Nazi is.
For being a Nazi, one need to be, one, antisemitic, two, genocidal.
Neither of the "Nazis" Trimble and Asnar are antisemitic and even less genocidal.
So that leaves HAMAS and Hezbollah (and a good part of Fatah, including Abbas), I'm afraid.


jose (not verified)

Sun, 01/23/2011 - 19:29

Rate this:

2 points

comprehension troubles dont impact on anything

Wheelchair, your reading, writing and comprehension troubles have a terrible impact on everything you do. First, it made you an primary school dropout, today an ignorant adult and a burden for society.


Armchair Quarterback

Sun, 01/23/2011 - 19:31

Rate this:

-3 points

grow up yonathan the IRA barely existed during the time of the third reich

between the end of the civil war and the border campaign of the early 1950's the IRA was about as relevant as unicorns.

Between the end of the border campaign and the emergence of the provos in 1969 the IRA was even less relevant

In this time the IRA was more socialist then nationilist which led to the " awakening"

Irish folks were broadly on Germanys side in WW1 and any sympathy they had for Germany in WW2 was on the grounds of they hoped a British defeat would lead to a unification of Ireland nothing to do with nazi ideolagyy. A purely Irish agenda

Yonathan not EVERYTHING is about Jews . You know ?


Armchair Quarterback

Sun, 01/23/2011 - 19:35

Rate this:

-2 points

For being a Nazi, one need to be, one, antisemitic, two, genocidal.

No. to be a nazi one has to have been a 1930's 40's German and to have been a member of or a sympathiser with the National Socialist Psrty

Adolf Hitler is dead


Jez Waterman (not verified)

Sun, 01/23/2011 - 19:49

Rate this:

-3 points

Everything I was going to say about IRA has been said by
Armchair. and remember too that Gerry Adams was never a member of the IRA (known as the pinnies), but was probably a member of their deadly enemies, the Provisional IRA (known as the stickies). He had not been born at the time of the second world war, so hardly a Nazi supporter
You've done no better on the Israeli Military support for Hamas in Gaza im afraid.
It is now known for certain that Major General Yadlin wanted a Hamas take over in Gaza. He said so himself in a cable produced by Wikileaks. The Israeli press has reported it as a fact, and the military, faced with the proof, have not denied it. Here is the link ---
http://www.ynetnews.com/articles/0,7340,L-4002043,00.html


Yoni1

Sun, 01/23/2011 - 19:57

Rate this:

2 points

"scots presbytarian colonialism in Ireland"

What a moron.


jose (not verified)

Sun, 01/23/2011 - 20:00

Rate this:

2 points

He had not been born at the time of the second world war, so hardly a Nazi supporter

He supports the Nazi HAMAS, therefore he is by definition a Nazi supporter.

It is now known

What is now known is that you are a serial blood-libeller, Waterdrop. I hope ISM pays you a lot for that, because you are not going to look into a mirror anytime soon.

Following the link, one can read on the first lines: "said it will allow Israel to declare Strip as hostile entity"

Therefore, if was not in any way a support to HAMAS, but a support to the fact that Fatah not being anymore in power, no one would support HAMAS. Exactly the contrary to what the Clown Waterdrop said.


Yoni1

Sun, 01/23/2011 - 20:00

Rate this:

2 points

"grow up yonathan"

I am not Yonathan, you twat.

"IRA barely existed during the time of the third reich"

http://en.wikipedia.org/wiki/Irish_Republican_Army_%E2%80%93_Abwehr_coll...

You really are one ignorant twat, aren't you?

"Adolf Hitler is dead"

So nobody can be a Nazi any longer? You really are a disgrace to intelligent slugs.


Yoni1

Sun, 01/23/2011 - 20:02

Rate this:

2 points

"He had not been born at the time of the second world war, so hardly a Nazi supporter"

Another twat who thinks nobody can be a Nazi any longer.


jose (not verified)

Sun, 01/23/2011 - 20:04

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2 points

No. to be a nazi one has to have been a 1930's 40's German

You're very strict with definitions, Wheelchair. Makes you kind of rigid-thinking ignoramus, doesn't it?
Well, definitions are made to be used and not fixed in concrete: Nazis refer to antisemitic and genocidal, like it or not, not only to members of the first Nazi party.
HAMAS and Hezbollah are a Nazi organisations. Ahmadinejad is a Nazi and the Ayatollah's regime is a Nazi one. Clear?


jose (not verified)

Sun, 01/23/2011 - 20:05

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2 points

And Gerry Adams, a supporter of a Nazi organisation (HAMAS) is therefore a Nazi supporter.


Yoni1

Sun, 01/23/2011 - 20:07

Rate this:

1 point

Stop confusing these idiots with logic and intelligent thinking, Jose - their two-cell brains may explode.
On the other hand ...

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