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News: Israel Attacks Gazan Aid Flotilla - Page 37

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Pika Chu
Profile Blog Joined August 2005
Romania2510 Posts
June 02 2010 16:57 GMT
#721
Squeegy, you have gone from posting to being absurd. You're like a stubborn kid that's going to keep repeating himself over and over again with no interest of what others say.

You just seem keen on having your own lines and mixing them round and round and posting them again. Then you simply throw the towel and say "you didn't look at this objectively" when his post is one of the most rational and objective posts around. And for your information, objectively does not mean coinciding with your point of view.
They first ignore you. After they laugh at you. Next they will fight you. In the end you will win.
Klimpen
Profile Blog Joined February 2010
New Zealand100 Posts
June 02 2010 17:14 GMT
#722
On June 03 2010 01:35 Squeegy wrote:A) Israel is in war or in conflict with Hamas. But Hamas is not a state and that is what makes this a complex situation. This is indeed a keypoint.

B) Even if they didn't have weapons (although from what I understand, such aid ships have attempted to smuggle weapons in the past), you state soon after that they had banned materials. Therefore, an inspection was justified.

C) I don't really think you've taken a look at this objectively.



Notice the stun grenade. Or maybe you guys consider it normal equipment on a ship too?


A) Currently there's no official recognition from an international governing body of a war taking place between Israel and Palestine. Armed conflict does and is occuring, however it is not a war. And yes, I'm talking purely in the legal sense.

B) The ships were certified by the Turkish government as to only having humanitarian aid on board. Israel currently prohibits certain types of aid being let through - this is against humanitarian law.

C) The source of the flashbang is unclear, I think it is reasonable to think that it was thrown by the soldiers, missed and simply fell back down.
Klockan3
Profile Blog Joined July 2007
Sweden2866 Posts
Last Edited: 2010-06-02 17:22:21
June 02 2010 17:20 GMT
#723
On June 02 2010 19:57 Subversive wrote:
Show nested quote +
On June 02 2010 19:50 Ao_Jun wrote:
On June 02 2010 19:24 Romantic wrote:
On June 02 2010 18:45 Draconizard wrote:
On June 02 2010 18:41 Pika Chu wrote:
On June 02 2010 18:31 phosphorylation wrote:
On June 02 2010 18:25 Draconizard wrote:
On June 02 2010 17:45 Ricjames wrote:
I would say Israel is a fucking artificially made place in the area of Palestine and they even fucking claim any rights in there. That is fucked up and no wonder there are suicide bombers and stuff like that. When they steal your home and claim it theirs - i would suicide bomb them too if there was nothing left to live for.
[image loading]


All countries are artificially made, and rights only exist as far as they can be defended. It is the nature of conquest. The losing side hardly ever feels it has been dealt a fair hand, but it is all irrelevant.

erhm
i would say the creation of israel was especially "artificial"
to boot, in general the israelis i have encountered are a very unpleasant bunch



The israelis i met were nice guys who don't deserve this bullshit of government.


Attempting to generalize an entire country based on a small handful of individuals is beyond meaningless. Furthermore, what does it even mean to be a "nice guy"?
I don't know, maybe someone who doesn't justify the forceful conquest, occupation, and subjugation of people just because someone won a battle of violence.

i dunno though


I agree that israel was especially artificial in the beginning, they were then attacked (Yeah i know that egypt didnt attack first but then they shouldn't place 100.000 troops on israeli borders) by egypt, jordan and syria and expanded through war.
Forceful conquest, occupation and subjugation is not pretty and it's not great - but it's the way all countries expanded their borders. People seem to have accepted the borders of most other countries even though they were all forged by war.

and yes i know that it might have been 100 or even 500 years ago, but when does a piece of land go from being "occupied enemy territory" to just being part of the country..?

Lastly i want to say that i dont think the state of israel should have been created at all, but it's too late for that now.


Well when it happened within living memory maybe compensation is in order. There are thousands of refugees all around the world from Palestine. And yet not only aren't they treated as victims of an illegal war more refugees continue to be created as Palestinian homes are demolished and Israeli settlers move into Palestinian areas.

So yes, it is more artificial than say, the conquest of Normandy or England almost 1000 years ago. This happened in our life-time. It is unacceptable.

Edit:

One more point concerning history. Most people today who live in the US, the UK, Australia or New Zealand would have no idea if they were descended from Saxon, Angle, Norman, Pict, Gaelic or any of half a dozen other peoples that are traditionally lumped together under the title Anglo-Saxon. On the other hand, if you were born to Palestinian parents who lost their home and livelihood when they were forcibly ejected from their town then it might be said to be different.

My point is, is compensation in order for the people of modern day northern France for what the Normans did 1000 years ago? Or for the inhabitants of England who are descended from the Saxons who were killed, dispossessed and raped by victorious Norman soldiers in 1066?

I think the answer clearly is yes in the first instance and no in the second.

So Russia did the right thing, stopping the evil opression of Georgia trying to conquer the small states South Ossetia and Abkhazia even though both of those would rather be with Russia.

Really, most in the west are such tards. They go by one set of rules for one thing and another for the other. The people in these areas never wanted to be a part of Georgia but the lines were drawn like that so tough luck! Evil Russia for trying to protect those lands, Georgia clearly had the right since they own these lands according to the map!! But oh no, what is Israel doing? They are taking the lands that we gave them according to this map! Travesty!!! And then they defend themselves when they are attacked and tries to survive, fucking fuckers trying to fuck the arabs over!!!!

All of you are just bound by political agendas and only see your side, any situation where the roles are reversed the masses would be on the other parts side.
Squeegy
Profile Joined October 2009
Finland1166 Posts
Last Edited: 2010-06-02 17:41:58
June 02 2010 17:21 GMT
#724
On June 03 2010 01:57 Pika Chu wrote:
Squeegy, you have gone from posting to being absurd. You're like a stubborn kid that's going to keep repeating himself over and over again with no interest of what others say.

You just seem keen on having your own lines and mixing them round and round and posting them again. Then you simply throw the towel and say "you didn't look at this objectively" when his post is one of the most rational and objective posts around. And for your information, objectively does not mean coinciding with your point of view.


A) He stated Israel's actions were illegal, although this is by no means clear. All information isn't known, therefore it is too early to make such claims. This is also why UN statements don't mean much, not that I have actually seen them state that what Israel did was illegal.

B) He says the only explanation he can think of for IDF's tactics is provoking. How about an intel failure? Poor risk-assesment? These things happen. But no, it must be that Israel wanted to provoke an action, although handling this without any confortation would have probably worked best in Israel's favour.

C) He claims the contracts were dubious, although he has no proof about this. Then he claims very rough treatment of the prisoners. These didn't come from an objective source. These are clearly the opinions of the people who were arrested. Now, mentioning all this is fine, that is, if he would also mention the nasty things heard from the other side. IDF says they found cash, bulletproof vests and weapons on the ships and that some of the people who attacked the soldiers are Al-Qaeda members.

I am not convinced that there were bulletproof vests or Al-Qaeda members on board. I am also not saying that what the activists said is wrong. But an objective person would've mentioned both sides of the story.

Ps. The video I edited in my last message was not meant to be in response to the guy I quoted. I just didn't want to create a new post just for that video.
Stan: Dude, dolphins are intelligent and friendly. Cartman: Intelligent and friendly on rye bread with some mayonnaise.
Squeegy
Profile Joined October 2009
Finland1166 Posts
June 02 2010 17:25 GMT
#725
On June 03 2010 02:14 Klimpen wrote:
Show nested quote +
On June 03 2010 01:35 Squeegy wrote:A) Israel is in war or in conflict with Hamas. But Hamas is not a state and that is what makes this a complex situation. This is indeed a keypoint.

B) Even if they didn't have weapons (although from what I understand, such aid ships have attempted to smuggle weapons in the past), you state soon after that they had banned materials. Therefore, an inspection was justified.

C) I don't really think you've taken a look at this objectively.

http://www.youtube.com/watch?v=tn3jTT0afZk&feature=player_embedded

Notice the stun grenade. Or maybe you guys consider it normal equipment on a ship too?


A) Currently there's no official recognition from an international governing body of a war taking place between Israel and Palestine. Armed conflict does and is occuring, however it is not a war. And yes, I'm talking purely in the legal sense.

B) The ships were certified by the Turkish government as to only having humanitarian aid on board. Israel currently prohibits certain types of aid being let through - this is against humanitarian law.

C) The source of the flashbang is unclear, I think it is reasonable to think that it was thrown by the soldiers, missed and simply fell back down.


However, Israel is at war with Hamas to my knowledge. And that is what makes things very complex.

I have absolutely no knowledge about the legality of this.

Right. Very reasonable indeed.
Stan: Dude, dolphins are intelligent and friendly. Cartman: Intelligent and friendly on rye bread with some mayonnaise.
pvzvt
Profile Joined October 2009
Israel2097 Posts
June 02 2010 17:31 GMT
#726
On June 03 2010 02:14 Klimpen wrote:
Show nested quote +
On June 03 2010 01:35 Squeegy wrote:A) Israel is in war or in conflict with Hamas. But Hamas is not a state and that is what makes this a complex situation. This is indeed a keypoint.

B) Even if they didn't have weapons (although from what I understand, such aid ships have attempted to smuggle weapons in the past), you state soon after that they had banned materials. Therefore, an inspection was justified.

C) I don't really think you've taken a look at this objectively.

http://www.youtube.com/watch?v=tn3jTT0afZk&feature=player_embedded

Notice the stun grenade. Or maybe you guys consider it normal equipment on a ship too?


A) Currently there's no official recognition from an international governing body of a war taking place between Israel and Palestine. Armed conflict does and is occuring, however it is not a war. And yes, I'm talking purely in the legal sense.

B) The ships were certified by the Turkish government as to only having humanitarian aid on board. Israel currently prohibits certain types of aid being let through - this is against humanitarian law.

C) The source of the flashbang is unclear, I think it is reasonable to think that it was thrown by the soldiers, missed and simply fell back down.

i'd like to hear the explantions of how all this is not just a provocation
do u know whats the amount of supply that was found in all of those big 6 ships
enough to fill about 25 trucks
just for the record gazza is getting supplied from israel 4 times that amount per day !!!
plz i dont pretend to know you but scan u really claim those guys were helping their cause a side giving israel a bad image (which may and possibly be the only reason for this all shit ) the only thing that is more obious is israel having a very bad way of solving problems and for that someone should be fired up there but for the reason it happen i feel no guilt at all
i say we dust off and nuke it from orbit
Klimpen
Profile Blog Joined February 2010
New Zealand100 Posts
June 02 2010 17:35 GMT
#727
On June 03 2010 02:31 pvzvt wrote:
Show nested quote +
On June 03 2010 02:14 Klimpen wrote:
On June 03 2010 01:35 Squeegy wrote:A) Israel is in war or in conflict with Hamas. But Hamas is not a state and that is what makes this a complex situation. This is indeed a keypoint.

B) Even if they didn't have weapons (although from what I understand, such aid ships have attempted to smuggle weapons in the past), you state soon after that they had banned materials. Therefore, an inspection was justified.

C) I don't really think you've taken a look at this objectively.

http://www.youtube.com/watch?v=tn3jTT0afZk&feature=player_embedded

Notice the stun grenade. Or maybe you guys consider it normal equipment on a ship too?


A) Currently there's no official recognition from an international governing body of a war taking place between Israel and Palestine. Armed conflict does and is occuring, however it is not a war. And yes, I'm talking purely in the legal sense.

B) The ships were certified by the Turkish government as to only having humanitarian aid on board. Israel currently prohibits certain types of aid being let through - this is against humanitarian law.

C) The source of the flashbang is unclear, I think it is reasonable to think that it was thrown by the soldiers, missed and simply fell back down.

i'd like to hear the explantions of how all this is not just a provocation
do u know whats the amount of supply that was found in all of those big 6 ships
enough to fill about 25 trucks
just for the record gazza is getting supplied from israel 4 times that amount per day !!!
plz i dont pretend to know you but scan u really claim those guys were helping their cause a side giving israel a bad image (which may and possibly be the only reason for this all shit ) the only thing that is more obious is israel having a very bad way of solving problems and for that someone should be fired up there but for the reason it happen i feel no guilt at all


You're not even reading what I'm writing. Try again.
Pika Chu
Profile Blog Joined August 2005
Romania2510 Posts
June 02 2010 17:56 GMT
#728
On June 03 2010 02:21 Squeegy wrote:
Show nested quote +
On June 03 2010 01:57 Pika Chu wrote:
Squeegy, you have gone from posting to being absurd. You're like a stubborn kid that's going to keep repeating himself over and over again with no interest of what others say.

You just seem keen on having your own lines and mixing them round and round and posting them again. Then you simply throw the towel and say "you didn't look at this objectively" when his post is one of the most rational and objective posts around. And for your information, objectively does not mean coinciding with your point of view.


A) He stated Israel's actions were illegal, although this is by no means clear. All information isn't known, therefore it is too early to make such claims. This is also why UN statements don't mean much, not that I have actually seen them state that what Israel did was illegal.

B) He says the only explanation he can think of for IDF's tactics is provoking. How about an intel failure? Poor risk-assesment? These things happen. But no, it must be that Israel wanted to provoke an action, although handling this without any confortation would have probably worked best in Israel's favour.

C) He claims the contracts were dubious, although he has no proof about this. Then he claims very rough treatment of the prisoners. These didn't come from an objective source. These are clearly the opinions of the people who were arrested. Now, mentioning all this is fine, that is, if he would also mention the nasty things heard from the other side. IDF says they found cash, bulletproof vests and weapons on the ships and that some of the people who attacked the soldiers are Al-Qaeda members.

I am not convinced that there were bulletproof vests or Al-Qaeda members on board. I am also not saying that what the activists said is wrong. But an objective person would've mentioned both sides of the story.

Ps. The video I edited in my last message was not meant to be in response to the guy I quoted. I just didn't want to create a new post just for that video.


A) ONU was very clear on it. Please try reading a few pages back, me and some others provided links to the Security Council's declaration condemning Israel's actions being illegal. To even bother arguing about this is a silly waste of time, if you're not taking ONU (which is like the whole world... 15 members including USA Israel's ally) as proof, then not even jesus coming down and telling you wouldn't make a point in the case.

B) I don't know here. But either way Israel screwed up, they killed turkish people on turkish territory.

Please stop posting videos with comments. These are clearly so biased they must not even be mentioned in any decent discussion.
They first ignore you. After they laugh at you. Next they will fight you. In the end you will win.
{CC}StealthBlue
Profile Blog Joined January 2003
United States41117 Posts
June 02 2010 18:36 GMT
#729

JERUSALEM — In an attempt to limit the diplomatic damage from its deadly raid on a Gaza-bound aid flotilla, Israel dropped plans Wednesday to prosecute dozens of pro-Palestinian activists, opting instead to deport them all immediately.

The stunning reversal came as Israel faced increasingly sharp international condemnation for Monday's high-seas raid that ended when Israeli commandos killed nine activists. The outcry included accusations of war crimes and a decision by Nicaragua to break diplomatic relations with Israel over the raid.

But Israeli officials said the decision not to prosecute any of the activists – despite suspicions that they were sent to attack Israeli forces on the ship – was primarily an attempt to control the damage to Israel's relations with Turkey, an unofficial sponsor of the flotilla. The officials spoke on condition of anonymity because they were discussing sensitive diplomatic issues.


Source
"Smokey, this is not 'Nam, this is bowling. There are rules."
Squeegy
Profile Joined October 2009
Finland1166 Posts
Last Edited: 2010-06-02 18:40:52
June 02 2010 18:40 GMT
#730
They were so clear that they didn't actually say it? I actually checked your post history and in like the last 20 replies of yours in this thread, I didn't see you post a link. How about you do it now?

Nobody's denying they didn't screw up.

Yeah, because the comments make the video itself biased. Even if it was filmed by the activists.
Stan: Dude, dolphins are intelligent and friendly. Cartman: Intelligent and friendly on rye bread with some mayonnaise.
purgerinho
Profile Joined June 2008
Croatia919 Posts
June 02 2010 19:50 GMT
#731
gaza shouldn't be blocked... israel made ghetto from it and world should react and punish israel already..

i mean, it's not even their land, it is palestinan land.. they should be grateful coz they have land for free but nooo.. why wouldn't we kill ppl for 60 yrs just coz they don't want to abandon their own homes..

countries should gather now and go all togehter with aid.. fascism should be stopped.. yes, it is fascism
SUMMARIZED (by DeMu): You CANNOT surprise a top level Protoss with a build
Ghostcom
Profile Joined March 2010
Denmark4782 Posts
June 02 2010 19:59 GMT
#732
On June 03 2010 04:50 purgerinho wrote:
gaza shouldn't be blocked... israel made ghetto from it and world should react and punish israel already..

i mean, it's not even their land, it is palestinan land.. they should be grateful coz they have land for free but nooo.. why wouldn't we kill ppl for 60 yrs just coz they don't want to abandon their own homes..

countries should gather now and go all togehter with aid.. fascism should be stopped.. yes, it is fascism


My mind. It was just blown.
Squeegy
Profile Joined October 2009
Finland1166 Posts
June 02 2010 21:23 GMT
#733
About the legality:

http://www.reuters.com/article/idUSTRE65133D20100602
Stan: Dude, dolphins are intelligent and friendly. Cartman: Intelligent and friendly on rye bread with some mayonnaise.
Biochemist
Profile Blog Joined February 2009
United States1008 Posts
June 02 2010 21:36 GMT
#734
On June 03 2010 04:59 Ghostcom wrote:
Show nested quote +
On June 03 2010 04:50 purgerinho wrote:
gaza shouldn't be blocked... israel made ghetto from it and world should react and punish israel already..

i mean, it's not even their land, it is palestinan land.. they should be grateful coz they have land for free but nooo.. why wouldn't we kill ppl for 60 yrs just coz they don't want to abandon their own homes..

countries should gather now and go all togehter with aid.. fascism should be stopped.. yes, it is fascism


My mind. It was just blown.


How so? He didn't say anything that a bunch of other uninformed Palestinian sympathizers haven't said with better grammar already.
xDaunt
Profile Joined March 2010
United States17988 Posts
June 02 2010 21:39 GMT
#735
On June 03 2010 04:50 purgerinho wrote:
gaza shouldn't be blocked... israel made ghetto from it and world should react and punish israel already..

i mean, it's not even their land, it is palestinan land.. they should be grateful coz they have land for free but nooo.. why wouldn't we kill ppl for 60 yrs just coz they don't want to abandon their own homes..

countries should gather now and go all togehter with aid.. fascism should be stopped.. yes, it is fascism


If Bosnians shelled Croatian cities daily with rockets, I think you might feel a little bit different about the idea of blockades.

The fundamental problem with regards to peace between Israel and the Middle East is that there are too many people and groups that will accept nothing less than the utter destruction of Israel. There is no treaty that can be written or made that will satisfy those people unless it wipes Israel off of the map.
HnR)hT
Profile Joined October 2002
United States3468 Posts
June 02 2010 21:43 GMT
#736
The real issue is if there should be a blockade. If yes, then Israel obviously acted properly since the "aid" flotilla (as all of the media still seem intent on calling it) was going to break it, an intention which was never secret. If so, I can't possibly imagine how it could be argued that Israel was in the wrong in what amounts to a legitimate act of self-defense.

If, on the other hand, you think the blockade is not legitimate, then your position amounts to saying that Israel has no right to defend itself. In this case I simply have nothing to say to you.
HnR)hT
Profile Joined October 2002
United States3468 Posts
June 02 2010 21:46 GMT
#737
On June 03 2010 06:39 xDaunt wrote:
Show nested quote +
On June 03 2010 04:50 purgerinho wrote:
gaza shouldn't be blocked... israel made ghetto from it and world should react and punish israel already..

i mean, it's not even their land, it is palestinan land.. they should be grateful coz they have land for free but nooo.. why wouldn't we kill ppl for 60 yrs just coz they don't want to abandon their own homes..

countries should gather now and go all togehter with aid.. fascism should be stopped.. yes, it is fascism


If Bosnians shelled Croatian cities daily with rockets, I think you might feel a little bit different about the idea of blockades.

The fundamental problem with regards to peace between Israel and the Middle East is that there are too many people and groups that will accept nothing less than the utter destruction of Israel. There is no treaty that can be written or made that will satisfy those people unless it wipes Israel off of the map.

Right. According to polls 80% of Arabs, including "Palestinians" and those in the surrounding countries, would not permanently accept the existence of Israel under any circumstances.
semantics
Profile Blog Joined November 2009
10040 Posts
Last Edited: 2010-06-02 21:59:32
June 02 2010 21:57 GMT
#738
Maybe that's something the UN should have thought about before backing the creation of Israel :D

This is basically a rule of stubbornness, Israel the immovable object keep coming in contact with Arabs the unstoppable force, Israel isn't in the business of long term peace they don't believe it's possible they just look for short term solutions. And Arabs don't want short term peace because they just want Israel not there anymore.
EtherealDeath
Profile Blog Joined July 2007
United States8366 Posts
June 02 2010 21:59 GMT
#739
On June 03 2010 06:23 Squeegy wrote:
About the legality:

http://www.reuters.com/article/idUSTRE65133D20100602

On June 03 2010 01:02 Biochemist wrote:
One of the comments on that page was pretty good. I haven't read every page of the other thread so maybe it has already been posted and discussed, but if not I was hoping to see what others thought of this:

Show nested quote +

*From Bren Carlill in today's Melbourne 'Age'

Let's start with the basics. Since Hamas seized control in 2007, it has been the de facto sovereign power of Gaza. As sovereign, it has launched attacks against Israel. As such, Israel declared itself to be in a state of war against Hamas-run Gaza. Israel has frequently stated that when Hamas agrees to live in peace with Israel, peaceful relations will ensue.

Due to this state of war, Israel enforces a military and naval blockade. The blockade is not designed to starve Gaza into submission; it is designed to deny Hamas the ability to fight effectively. Article 23 of the Fourth Geneva Convention (which concerns the protection of civilians during warfare) makes clear that if goods entering enemy territory contribute to the enemy's war effort, they can be blocked.

Israel enforces a maritime blockade because Hamas has previously shipped in weapons. Israel wants all goods going into Gaza to cross Gaza-Israel land borders. That way, Israel can inspect the goods, ensure there are no weapons or war materiel in them, and send them through.

And a lot of goods go through. Last year, some 738,000 tonnes of goods went from Israel into Gaza. That's more than 2000 tonnes per day. By contrast, the seized flotilla carried 10,000 tonnes of aid, equivalent to only five days at the Gaza-Israel border. The flotilla was not about improving humanitarian conditions; it was about confronting Israel.

Israel told flotilla organisers the aid could be transferred across the Gaza-Israel land border. (It still will be.) The flotilla could also have co-operated with Egypt or the UN in order to help Palestinians, but refused to do so. Helping Palestinians wasn't its goal, confronting Israel was.

Israel's maritime blockade of Gaza is legal according to articles 93-104 of the 1994 San Remo treaty on maritime warfare. Israel told the flotilla it was about to enter conflict waters and was not permitted to do so. The ships informed Israel of their intent to enter these waters. Israel commandeered the ships, according to Article 98 of the above-mentioned treaty.

Five of the six ships were captured without violence. Israeli troops boarding the sixth ship were met with violence from the moment they landed. Footage released makes clear the activists used steel pipes, slingshots, knives and Molotov cocktails from the beginning. Activists attempted to wrest guns out of Israeli soldiers' hands. Israel responded with non-lethal force. Footage aired on Australian television on Monday shows an Israeli soldier attempting to only shove an activist off him, despite being repeatedly stabbed.

It was only after activists took guns from Israeli soldiers and used them against those soldiers that Israel opened fire. The Fourth Geneva Convention is clear about this. Article 5 states that if a civilian takes up arms against a soldier, the civilian becomes a combatant.

The situation on the boats is thus clear. The boats were attempting to break a military blockade. After issuing a warning, the soldiers attempted to commandeer the boats, and were set upon by the activists. At a certain point, which came after activists opened fire on Israeli troops, these troops felt their lives were in imminent danger. They thus fired in order to defend themselves.

There is much more to this story. The leading organisation behind the campaign, IHH, has had links to Hamas and other jihadi organisations since at least the 1990s; one of the organisers, Huwaida Arraf, has said she supports Palestinian violence against Israel - hardly a true peace activist.

But the essence of the story is simple: some very cynical people manipulated some very naive people into an armed attack against soldiers. The better trained and armed soldiers won the battle, but the cynical people won the PR war.



I bolded part of Biochemist's quote because it is particularly strange. Some background information: first of all, Bren Carlill is not an unbiased observer, nor is he acting completely in the role of a reporter for the 'Age' (assuming that it is a valid news organization). This is because Bren Carlill is an analyst at the Australia/Israel & Jewish Affairs Council. In fact the same article can be found at said organization's webpage: http://www.aijac.org.au/?id=articles&_action=showArticleDetails&articleID=6837

That said, here is the important part of Carlill's article:
Israel's maritime blockade of Gaza is legal according to articles 93-104 of the 1994 San Remo treaty on maritime warfare. Israel told the flotilla it was about to enter conflict waters and was not permitted to do so. The ships informed Israel of their intent to enter these waters. Israel commandeered the ships, according to Article 98 of the above-mentioned treaty.


1) The "San Remo treaty" is not a treaty. It is a manual which was compiled in 1994 by a group of experts in maritime law, collectively working under the International Institute of Humanitarian Law. This is not a UN agency, nor is it associated with any governing body. It is "an independent, non-profit humanitarian organisation...to promote the development of international humanitarian law, human rights, refugee law, immigration law and related issues" [Wiki]. The purpose of the San Remo manual was to clarify certain points of maritime law, to provide a unified front of agreement. The full document can be found here: http://www.icrc.org/ihl.nsf/FULL/560?OpenDocument

In Reuters article linked by Squeegy, the San Remo manual is referred to by its proper name, but in addition is claimed to be legally binding. According to Wikipedia it is not legally binding [Wiki]. Also, according

2) Ignoring the fact that the San Remo manual is no treaty and is not legally binding, we must first determine whether the manual is applicable before applying it. Section 1, Articles 1 and 2 state
SECTION I : SCOPE OF APPLICATION OF THE LAW

1. The parties to an armed conflict at sea are bound by the principles and rules of international humanitarian law from the moment armed force is used.

2. In cases not covered by this document or by international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of the public conscience.


Israel is not currently at war with Hamas, the ruling body of Gaza, having supposedly ended the war in 2009. As such, Article 1 does not apply. Therefore we must go to Article 2, which clearly states that recourse must be had to documents and/or principles outside of those delineated in the San Remo manual.

3) Ignoring points (1) and (2), let's take a look at Section II, Articles 93-104 which are supposed to support the Israeli actions.

SECTION II : METHODS OF WARFARE

Blockade

93. A blockade shall be declared and notified to all belligerents and neutral States.

94. The declaration shall specify the commencement, duration, location, and extent of the blockade and the period within which vessels of neutral States may leave the blockaded coastline.

95. A blockade must be effective. The question whether a blockade is effective is a question of fact.

96. The force maintaining the blockade may be stationed at a distance determined by military requirements.

97. A blockade may be enforced and maintained by a combination of legitimate methods and means of warfare provided this combination does not result in acts inconsistent with the rules set out in this document.

98. Merchant vessels believed on reasonable grounds to be breaching a blockade may be captured. Merchant vessels which, after prior warning, clearly resist capture may be attacked.

99. A blockade must not bar access to the ports and coasts of neutral States.

100. A blockade must be applied impartially to the vessels of all States.

101. The cessation, temporary lifting, re-establishment, extension or other alteration of a blockade must be declared and notified as in paragraphs 93 and 94.

102. The declaration or establishment of a blockade is prohibited if:

(a) it has the sole purpose of starving the civilian population or denying it other objects essential for its survival; or
(b) the damage to the civilian population is, or may be expected to be, excessive in relation to the concrete and direct military advantage anticipated from the blockade.

103. If the civilian population of the blockaded territory is inadequately provided with food and other objects essential for its survival, the blockading party must provide for free passage of such foodstuffs and other essential supplies, subject to:

(a) the right to prescribe the technical arrangements, including search, under which such passage is permitted; and
(b) the condition that the distribution of such supplies shall be made under the local supervision of a Protecting Power or a humanitarian organization which offers guarantees of impartiality, such as the International Committee of the Red Cross.

104. The blockading belligerent shall allow the passage of medical supplies for the civilian population or for the wounded and sick members of armed forces, subject to the right to prescribe technical arrangements, including search, under which such passage is permitted.


There is possible conflict with Article 102 section (b), as the damage to the civilian population is often considered excessive in relation to the military advantage gained, as presumably bombs are made anyways, but the humanitarian aid sent to Gaza does not meet the minimum requirements laid out by the UN [lacking source, going off memory for that statement]. However, it is almost certainly not so bad as to the extent mentioned in Article 103, as survival conditions are met. Therefore the applicability of Article 102(b) will rely on various arguments that require more detailed and perhaps confidential information than I have available to me. Nevertheless Article 102(b) is a possible refutation of the blockade, if we pretend for a moment that the San Remo manual is legally binding.

If we do not assume that Article 102(b) applies, then indeed everything the IDF did during the recent incident is legal, if we assume that the San Remo manual is a treaty and therefore legally binding, and furthermore assume that Israel is at war with Hamas in the sense of being at war with Gaza due to Hamas' governing of that region.

There is another possible interpretation in that while the document is recognized as non legally binding by the Israelis, it is being used as a convenient delineation of maritime law, as was the intended purpose of the document. In fact the official Israeli position uses article 67 of the manual. However it seems strange that they either cannot or will not refer to a legally binding document which they are signatories to.
xDaunt
Profile Joined March 2010
United States17988 Posts
June 02 2010 22:01 GMT
#740
On June 03 2010 06:57 semantics wrote:
Maybe that's something the UN should have thought about before backing the creation of Israel :D


Yes, the UN definitely screwed the pooch by creating Israel. However, that was more than 60 years ago at this point, so it's fairly irrelevant to how or whether there will be peace in the Middle East. Either the Israelis or their neighbors are going to have to be wiped out for there to be peace at this point. Given the demographics, I think that the Israelis eventually will be on the losing end.
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