The Gaza-bound aid flotilla is currently sailing toward the enclave, entering a high-risk zone where previous missions have faced attacks and interceptions. The Global Sumud Flotilla, which set sail from Spain on August 31, is the largest maritime mission to Gaza to date. It brings together more than 50 ships and delegations from at least 44 countries, as part of an international effort to challenge Israel’s naval blockade and deliver aid to Gaza.
Imminent Military Action and Legal Authority
On Wednesday, Israel’s public broadcaster Kan reported that the Israeli military is preparing to “take control” of the flotilla with naval commandos and warships. Kan stated that Israel intends to detain hundreds of activists on naval ships, question them, then deport them via the port of Ashdod, and alarmingly, that Israel “won’t tow all 50 vessels however and will sink some at sea.”
The Flotilla Coalition firmly asserts that Israel is not entitled to board ships that are in international waters. Coastal countries control territorial waters, which extend 12 nautical miles (22km) from the coast, where the state has full sovereignty. Beyond that, the high seas lie beyond any country’s territorial waters and economic zones and are not controlled by a single state, with their use governed by international agreements.
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International Law Protects Freedom of Navigation
The laws of the high seas are governed by the 1982 UN Convention on the Law of the Sea (UNCLOS), which stipulates that all states can enjoy freedom of movement of ships in the high seas. Ships on the high seas are subject only to the jurisdiction of the flag they fly, except for unauthorized activities like piracy.
Commenting on the legality, UN experts stated that: “The Freedom Flotilla has the right of free passage in international waters, and Israel must not interfere with its freedom of navigation, long recognised under international law.” The current Sumud Flotilla had been sailing through international waters and into Palestinian territorial waters, where it has the legal right to navigate and deliver humanitarian aid.
Stephen Cotton, the General Secretary of the International Transport Workers’ Federation (ITF), representing more than 16.5 million transport workers globally, emphasized the gravity of any potential interception: “The law of the sea is clear: attacking or seizing non-violent, humanitarian vessels in international waters is illegal and unacceptable.”
He added that “Such actions endanger lives and undermine the basic principles that keep the seas safe for all… States cannot pick and choose when to respect international law. The seas must not be turned into a theatre of war.”
History of Illegal Attacks
The threat of military intervention follows a deadly precedent. Israel has attacked previous flotillas in international waters, where it has no territorial rights. The most deadly occurred on May 31, 2010, when Israeli commandos raided the Mavi Marmara in international waters, killing 10 activists and injuring dozens more, sparking global outrage.
The Freedom Flotilla Coalition confirms that the mission is not only lawful but also protected under a comprehensive set of international legal instruments, including:
- The United Nations Convention on the Law of the Sea (UNCLOS): Guarantees freedom of navigation on the high seas.
- San Remo Manual on International Law Applicable to Armed Conflicts at Sea: Prohibits blockades that cause starvation or disproportionate suffering and forbids the targeting of neutral humanitarian missions.
- UN Security Council Resolutions 2720 and 2728: These binding instruments demand unimpeded humanitarian access and the removal of all barriers to aid delivery.
- Fourth Geneva Convention: Imposes an obligation to permit the free passage of humanitarian aid and prohibit interference with relief operations.
- Rome Statute of the International Criminal Court: Criminalises the starvation of civilians as a method of warfare and willful obstruction of humanitarian aid.
The Global Sumud Flotilla calls on the international community to demand that Israel respect international law and allow the safe passage of this humanitarian mission.
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