Transcript:
Interviewer: Today we are with Sarah Weiss Maudi. She is the Israel Foreign Ministry's expert on maritime and humanitarian law. Sarah, we would like to ask you a few questions about Gaza. First of all, why is it that Israel can prevent ships from reaching Gaza?
Ms. Weiss Maudi: The reason why ships can't come into Gaza currently is because a maritime blockade is currently in effect off the coast of Gaza. Such a blockade has been imposed by Israel because Israel is currently in a state of armed conflict with the Hamas regime that controls Gaza. Hamas has repeatedly bombed civilian targets in Israel proper with weapons that have been smuggled into Gaza by various routes, including the sea. Under international maritime law, when a maritime blockade is in effect, no vessels can enter the blockaded area. That includes both civilian vessels and enemy vessels. Any vessel that violates or attempts to violate the maritime blockade may be captured or even attacked. Maritime blockades are a legitimate and recognized measure under international law, and may be implemented as part of an armed conflict at sea.
Interviewer: So this is a recognized maritime practice?
Ms. Weiss Maudi: Exactly. Various naval manuals, including the naval manuals of the US and UK recognize the maritime blockade as an effective naval measure that can be implemented in times of armed conflict. And those manuals give various criteria for making a blockade valid, including the requirement to give due notice of the blockade. Israel, in accordance with the requirements of international law, has publicized the existence of the blockade currently in effect and has published the exact coordinates of the blockade via the accepted international professional maritime channels.
Interviewer: Okay. So this blockade should not surprise anyone.
Ms. Weiss Maudi: Exactly.
Interviewer: Now, let's talk about the transfer of supplies over land. Why can Israel decide what goes in and what can't?
Ms. Weiss Maudi: In order to answer that question, we need to think about the events of the past few years.
In 2005, Israel completed its disengagement plan and completely withdrew from the Gaza Strip, so that no Israeli military or civilian presence remained in the Gaza Strip. The disengagement plan ended Israel's effective control of the Gaza Strip after almost 40 years of effective control.
Interviewer: Does this mean that Israel no longer occupies Gaza?
Ms. Weiss Maudi: Exactly. The effective control of Gaza has ended. What currently exists is a state of armed conflict. What happened after disengagement was that Israel had hoped that the disengagement would be used as a springboard for more positive relations with our neighbors in Gaza. But actually, the opposite occurred and instead of positive relations happening, the terrorist organization of Hamas seized power in Gaza and stepped up the rocket and mortar attacks on Israeli communities and towns in Israel proper adjacent to the Gaza Strip.
Therefore, in light of the Hamas-sponsored attacks on Israeli civilian targets, Israel undertook a number of measures against the Hamas regime. One of these measures is the imposition of economic sanctions against the Hamas regime in Gaza.
Interviewer: Is this a common practice?
Ms. Weiss Maudi: It is a very common practice. Under international law, every state gets to decide what goes in and out of its borders. Also under international law, every state gets to decide whether it wants to forge economic relationships with any entity or state. Similarly, a country has a sovereign right to decide whether to impose economic sanctions on any enemy state or entity.
I want to emphasize that this is not an act of collective punishment - the imposition of economic sanctions. Rather, this is a measure to put pressure on a regime that is attacking Israel's citizens. Under international law Israel has a basic right to defend and protect its citizens.
Such economic penalties have been imposed throughout modern history. There are many examples of bilateral sanctions: the US against Syria, against Libya, and these policies are imposed as a consequence of certain policies undertaken by a certain regime. In the international arena these are considered a legitimate and effective tool to exert pressure on terrorist or other regimes, such as that of the Hamas terrorist regime.
Interviewer: So how do we make sure that our actions are against the regime, but not against the citizens?
Ms. Weiss Maudi: Well, Israel has a humanitarian obligation to make sure that certain vital humanitarian interests are met and that supplies go in. But I want to emphasize that Israel is under no obligation to supply non-vital goods or goods that could give Hamas a military or economic advantage. That is why Israel limits, for example, the supply of concrete into the Gaza Strip. Concrete could be used to mould rockets. It could be used to build reinforced bunkers which are clearly for military purposes against Israel.
I want to emphasize that Israel supplies Gaza with large quantities of humanitarian supplies. These include baby formula, meat, dairy products, etc. And in the last year and a half it has supplied Gaza with over a million tons of goods.
The Israel Supreme Court constantly reviews these supplies to make sure that Israel is in line with its requirements under both Israeli domestic law and international law to supply vital civilian goods that are needed. And indeed, it has confirmed that Israel has been meeting its obligations under international and domestic law.
Interviewer: Thank you Sarah for helping us understand these issues.
Ms. Weiss Maudi: You're welcome.
Update:
See: Fact: International Law Supports Israel Against Gaza Flotilla
See: More On The Legality Of Israel's Blockade Of Gaza
Technorati Tag: Israel and Gaza and Hamas.
7 comments:
Israel's opinion is nothing new. More important is the opinion of the rest of the world.
@anonymous
The opinion of the rest of the world doesn't matter when it comes to Israeli policy.
Also, the opinion of the rest of the world is that the blockade is legal. That's why it's called "international" law.
All this may be true but it won't convince anyone who has been fed a diet of Israel hatred.
It would be more effective if the interviewer and interviewee were not Israeli.
It's all a bit sanitised to convince a neutral.
Thanks for posting.
I wonder what Ms. Weiss Maudi's position is of Israels 'illegal' settlements on Arab land is ?
There are several inaccuracies or outright distortions in what the Israeli official is saying.
1. There is no state of "armed conflict" between Israel and Gaza. Hasn't been since Jan 2009.
2. During the Oslo process Israel recognized the Gaza Strip and West Bank as a single entity. This entity is referred to by most of the world as the "occupied Palestinian territories". As long as Israel maintains military/or civilian forces in these areas, then they are definitely considered to be under military occupation.
3. The UN still recognizes the Gaza Strip as occupied territory. Israel enforces effective military control over its waterways, its airspace, and much of its land near the border, which Israel calls a "buffer zone".
4. Israel's maritime blockade of Gaza goes back far before Hamas was elected in 2006. It goes back before Hamas was even created (in the 1980s). Israel has effectively imposed a maritime blockade on Gaza's ports, since they were captured in 1967. The goal of the blockade was, as defense minister Moshe Dayan said, to make the Palestinians "live like dogs". Harvard Gaza expert Sarah Roy, explains that the purpose of the blockade is what she called "de-development". The blockade's aim is to destroy the Gaza economy, and it always has been. That is why, the primary provisions of the blockade are not to prevent the import of weapons, but rather to completely prevent any exports, which are clearly of no military use, but vital to economic survival.
5. Also note that prevent exports is not a "bilateral sanction". Israel prevents, for example, the export of Gaza goods to, say, Cyprus, or Greece, or Turkey, or any other country on earth. Bilateral sanctions (such as US against Syria) prevent the export of Syrian goods, to the US alone.
6. Israel's settlement building and occupation in the West Bank is clearly illegal under international law. No serious international law scholar disputes this. Resistance to this illegal activity is legal. This resistance may emanate from either the West Bank or the Gaza Strip, since they are considered one entity by every nation on earth, including Israel. Hence, Israel's blockade of Gaza is in essence, a supplement to the already illegal activities in the West Bank, which mean the blockade is itself illegal.
The arguments go on and on and on.
It is important to note that the Israeli government is fully aware that what it is doing is illegal. It just doesn't care. As long as it is military superior and has the backing of the US in its crimes, it can't be stopped.
It's like the mafia boss who has the police and judges in his pocket. Nothing is considered "illegal" for that mafia boss.
1. There is no state of "armed conflict" between Israel and Gaza. Hasn't been since Jan 2009.
So the continued firing of rockets into Israel is...their way of saying hi?
Like this one today:
A Grad-type Katyusha rocket fired by Palestinian militants in the Gaza Strip struck close to an apartment building in a residential area of Ashkelon on Friday, while two mortar shells exploded in the western Negev just a few hours later.
The Katyusha rocket hit the populated neighborhood just after 8:30 A.M., causing some damage to the nearby building and to a number of parked cars. There were no casualties in the incident, but at least two people were treated for shock. Residents said that the Color Red rocket alert sounded prior to the explosion.
2. As long as Israel maintains military/or civilian forces in these areas, then they are definitely considered to be under military occupation.
From which it of course follows that Gaza in fact is not occupied.
3. The UN still recognizes the Gaza Strip as occupied territory. Israel enforces effective military control over its waterways, its airspace, and much of its land near the border, which Israel calls a "buffer zone".
The UN recognizes it as occupied--so what? That is an consensus, not a legal decision.
The UN at one point said Zionism is racism--and turned around and said it isn't.
As far as control of airways and such--are you saying that according to international law, or your own opinion?
What is your source?
4. Israel's maritime blockade of Gaza goes back far before Hamas was elected in 2006. It goes back before Hamas was even created (in the 1980s). Israel has effectively imposed a maritime blockade on Gaza's ports, since they were captured in 1967.
Source?
The goal of the blockade was, as defense minister Moshe Dayan said, to make the Palestinians "live like dogs".
Are you deliberately quoting this out of context?
Check out Volokh Conspiracy:
This quote comes up pretty often, and is a particular favorite of Noam Chomsky. It's generally attributed to Dayan as saying that this is what he said Israel should tell "the Palestinians" or "the Palestinians in the occupied territories."
The problem is that the original English source for this quote is Noam Chomsky, in his 1992 book Deterring Democracy. Not surprisingly, Chomsky provides no meaningful context; all he writes is "Dayan's advice was that Israel should tell the Palestinian refugees [note that even in Chomsky's original, Dayan is referring to "refugees" assumedly living in refugee camps, not Palestinians in general, something that Chomsky has conveniently forgotten over time] in the territories 'that we have no solution, that you shall continue to live like dogs, and whoever wants to can leave — and we will see where this process leads... [beware the ellipsis!] In five years we may have 200,000 less people — and that is a matter of enormous importance.'"
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Clearly, Dayan is not saying what you claim he is saying.
(continued in next comment)
(continued from previous comment)
Harvard Gaza expert Sarah Roy, explains that the purpose of the blockade is what she called "de-development". The blockade's aim is to destroy the Gaza economy, and it always has been. That is why, the primary provisions of the blockade are not to prevent the import of weapons, but rather to completely prevent any exports, which are clearly of no military use, but vital to economic survival.
What in the world is a "Gaza Expert". And how do you become one--by saying what you like?
The blockade's aim is to destroy the Gaza economy, and it always has been. That is why, the primary provisions of the blockade are not to prevent the import of weapons, but rather to completely prevent any exports, which are clearly of no military use, but vital to economic survival.
Wow! I thought your post was recent--but obviously it is weeks and months old.
Or maybe you have not seen the pictures and videos of the hotels, restaurants and resorts in Gaza.
5. Also note that prevent exports is not a "bilateral sanction". Israel prevents, for example, the export of Gaza goods to, say, Cyprus, or Greece, or Turkey, or any other country on earth.
I don't know about that. Here's the New York Times from November 2007:
Israel has approved the transfer of 25 armored personnel carriers from Russia to the Palestinian Authority and will allow the export of some agricultural produce from Gaza for the first time since Hamas took over the area, Israeli government officials said Wednesday.
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Clearly, the implication is that before Hamas took over, there were exports.
Since Hamas was bombing Israeli civilians, Israel doesn't owe Hamas any favors.
6 Israel's settlement building and occupation in the West Bank is clearly illegal under international law. No serious international law scholar disputes this.
You are forgetting
Julius Stone
Eugene Rostow
Howard Grief
Gerald Adler
Resistance to this illegal activity is legal.
You mean the arbitrary murder of women and children is legal?
Got it.
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