CopperLine wrote:Paphitis and others are just plain wrong in their comments on what is permitted/forbidden actions in international waters or 'high seas'. Without a shadow of doubt the Israeli action constitutes a prima facie act of piracy, and piracy is a ius cogens prohibition i.e, in the history and development of international law it doesn't get any more basic or any more universally acknowledged as a crime.
It is forbidden in law to attack a ship on the high seas. Where this has been done between marine/navies it is a prima facie act of war. Where this is carried out against a merchant vessel it is a prima facie act of piracy. Motive does not come into it.
(Paphitis is also quite mistaken about what the Australian navy is doing refugees on the high seas).
What states do within territorial waters is another matter. Israel could have - contrary what people, including Netanyahu, have said - chosen to act once the ships were within territorial waters. But Israel chose international piracy over a legal impounding of a vessel within territorial waters.
What of warnings to the flotilla ? It appears from all the press releases etc that no warnings or cautions were issued immediately prior to the assault by masked armed men in the dead of night. And even if there was, why would a ship's captain, responsible in law for the safety of the crew and passengers, give way to a demand on the high seas ? Such a demand is, by definition, also without legal force.
I fail to see in whose interests (certainly not Israel's) it is to attempt to legitimate piracy. Paphitis and co. should simply ask themselves the question as to whether what they defend - the 'right' of any party to take so-called 'pre-emptive action' on the high seas - as a principle can be generalised or universalised ? (Iran doesn't like to see Saudi registered ships in the Gulf - attack them. Russian oil companies don't like to see Canadian oil rigs in the Arctic - attack them. Japanese whalers don't like to see greenpeace ships in whaling grouns - attack them..... and so on). It can't because what you get is ..... piracy, exactly what four hundred plus years of international law has been developing to abolish.
Will Israel get away with this piracy ? Probably. Has Israel mounted a massive PR campaign to explain how chalk is really cheese ? Yes. Will an enquiry, international or otherwise, result in anything significant to constrain Israel's increasing barbarism ? No. Is Israel more secure as a result of this latest stupidity ? No.
Copper,
You obviously haven't heard about Australia's so called
Pacific Solution. It involved the interception of vessels in International Waters so that Australia is not obligated to process Asylum Seekers on Australian Territory. Detention Centres were set up on Nauru, PNG and Christmas Island which was redefined to not constitute Australian Territory within the Commonwealth of Australia (even though it is an Australian possession). Clever!
Now, the Pacific Solution was abolished in 2007, but Australia still does intercept foreign boats on High Seas and the Asylum Seekers are then processed on Christmas Island. Australia cites
National Security concerns and potential terrorism activity, and Australia, to this day is condemned by various International Groups such as Amnesty International. Sometimes, Asylum Seekers who claim Asylum can be incarcerated for about a year. Children are fostered out by the State and attend school.
http://en.wikipedia.org/wiki/Pacific_Solution
You may also recall some very well publicised incidents. You can read about HMAS Adelaide intercepting the Siev4, a suspected illegal entry vessel, 100 nms (190km) from Australian Territory. The vessel caught on fire and sank, and the interception quickly turned into a rescue mission. The Royal Australian Navy claimed that the Asylum Seekers threw their children in the water as an act of desperation. It was later found in an inquiry, that defence photographs of people in the sea, were as a result of the sinking and that no children were thrown overboard. A very controversial incident which resulted in Australia introducing more draconian border security measures including the notorious "Pacific Solution". This saga came to be known as "The Children Overboard" Affair.
http://en.wikipedia.org/wiki/Children_Overboard_Affair
In August 2001, a diplomatic Incident occurred between Norway and Australia because Australia intercepted and boarded the MV Tampa, a Norwegian Registered Vessel which responded to a distress message from an Illegal Indonesian Fishing boat within the Australian EEZ (outside International Waters). The MV Tampa, signalled that it was then heading for Australian Waters, but the Australian Government stated that it would refuse entry. The Royal Australian Navy intercepted the vessel in International Waters. The MV Tampa was boarded by Australia's most elite, and heavily armed Special Air Service Regiment (SASR) which are Australia's most elite and best trained troops. The SASR, if you are not familiar, was also involved in operations in Iraq and Afghanistan. They are considered to be some of the best troops in the world. How is that for an overreaction?
So you think Israel is bad! Compared to the above, you can say that Israel is almost a Saint!
http://en.wikipedia.org/wiki/MV_Tampa
You may also recall a more recent event, where the Royal Australian Navy intercepted an illegal entry vessel just outside Indonesian Waters. The Royal Australian Navy transferred the Sri Lankan Asylum Seekers to the Australian Customs Vessel Sea Viking. The Indonesian Government agreed to process the Asylum Seekers in Indonesia and so the ACS Sea Viking entered Indonesia. The Indonesian Port Authorities refused to accept the Asylum seekers who refused to leave the Australian Customs Ship. They were on hunger strike and threatened to commit suicide.
http://www.theaustralian.com.au/news/na ... 5791914095
So you see Copper, it all boils down to what the nation deems to be a
National Security concern. And this is exactly why countries spend billions of dollars on defence in order to deal with these National Security concerns, perceived potential terrorism threats, border protection and EEZ protection. Of course, the ADF is not alone. There are other civil agencies which are involved in Border Security, from the Australian Federal Police, Australian Customs, Coastwatch and the Maritime Surveillance operation called Surveillance Australia under contract to the Federal Government by Cobham. Satellites are also deployed and intelligence is sent to the National Surveillance Centre in Canberra, which is a joint Intel gathering point for the ADF, Federal Police, Customs, and Surveillance Australia. It is probably the most elaborate surveillance network in the world and it is said that a floating esky full of beer will be picked up in High Seas. Obviously, the Royal Australian Navy will definitely intercept such an esky as a top priority!
For the first time in history, Australia has allowed a 60 minutes film crew to film a Royal Australian Navy interception and boarding operation. The footage will be screened on National TV this Sunday. Hopefully, the footage will be put on Youtube, and if that is the case, I will post it on CF. I have seen the clip. Some of the images can be quite disturbing. Sometimes there are women and children aboard the suspected illegal entry boats, and before the armed boarding party boards, tear gas canisters are fired onto the decks. What follows are scenes of mayhem, and confusion until the boat is secured. I believe this does not occur all the time, but it does happen often. It depends on the size of the boat, and whether the RAN perceives an increased threat to the boarding party.
At any given times, hundreds of foreign registered boats are under Surveillance, filmed and photographed by ADF, Customs, or civil Surveillance Aircraft. All boats are tracked by satellite. Dozens are boarded every week, some in International Waters and some within Australian Territorial Seas. About 4-5 boats are detained by The Federal Government and destroyed every week! Crews are prosecuted and thrown in jail.
So Copper, you are wrong!