Gaza flotilla raid

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Coordinates: 32°38′28″N 33°34′02″E / 32.64113°N 33.56727°E / 32.64113; 33.56727

Gaza flotilla raid

Map of the respective routes of the Gaza-bound flotilla (green) and of the Israeli Navy (orange).
Location International waters of the Mediterranean Sea
Coordinates 32.64113 N 33.56727 E
Date 31 May 2010 (2010-05-31)
4:30 a.m.[1] (UTC+3)
Death(s) 9 passengers (8 Turkish passengers and 1 American Turkish passenger) [2][3]
Injured Several dozen passengers and seven IDF commandos.[4][5]
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Gaza blockade
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The Gaza flotilla raid, code named Operation Sea Breeze or Operation Sky Winds by the Israel Defense Forces (IDF),[6][7][8][9] was the boarding and seizure of six ships of the Gaza Freedom Flotilla in May, 31 2010. The flotilla, organized by the Free Gaza Movement and the Turkish Foundation for Human Rights and Freedoms and Humanitarian Relief (İHH), was carrying humanitarian aid,[10] medical supplies, and construction materials, intent on breaking Israel's blockade of the Gaza Strip.[11][12][13] It was the ninth attempt since 2008 of the Free Gaza Movement to break the naval blockade that Israel imposed with the expressed intent of preventing Hamas from acquiring weapons, although the legality of the blockade itself is disputed.[14][15][16][17] The six ships gathered near Cyprus, and departed on 30 May 2010 carrying 718 people from 37 countries.[18][19][20] Israel requested to have the cargos inspected at the Port of Ashdod and items permitted by Israel delivered through land crossings; the flotilla refused this request.[21] Israeli forces then raided and seized the Gaza-bound ships in international waters of the Mediterranean Sea.[19]

Israeli Navy warships flanked the flotilla and an aircraft flew overhead after it refused Israeli instructions. Israeli Shayetet 13 naval commandos then abseiled onto the ships from helicopters and boarded from speedboats. They were met with passive resistance on five of the ships, but clashes broke out aboard the MV Mavi Marmara. Nine activists were killed,[22][23][24] and dozens were injured. A UNHRC fact-finding mission described six of the nine passengers' deaths as "summary execution".[25]However, a BBC report concluded otherwise claiming that Israeli forces on the ship acted in self-defense against extreme, premeditated violence perpetrated by a group of hard core IHH activists.[26] Seven Israeli commandos were also injured in the skirmish. After seizing control of the ships, Israeli forces towed the ships to Ashdod and detained the passengers in Israel.[5][27][28] Both sides place responsibility for the bloodshed on the other, and the circumstances of the violence are disputed (see accounts by journalists, flotilla activists and the Israeli military below).

The raid prompted widespread international reactions, including condemnation from national authorities, supranational bodies and NGOs, as well as demonstrations around the world.[29][30] The United Nations Security Council condemned "those acts resulting in civilian deaths," demanded an impartial investigation of the raid,[31] and called for the immediate release of civilians held by Israel.[31] Israel released all passengers of the flotilla by June 6, 2010.[20] The incident seriously threatened the already deteriorating relations between Turkey and Israel[32] as Turkish president Abdullah Gül said it was the first time since World War I that Turkey had been attacked.[33]

Israel initially rejected calls from the United Nations and by governments all over the world for an international investigation into its raid on the Gaza aid flotilla,[34][35][36][text 1] but later agreed to cooperate with an investigation conducted by the United Nations.[37] Israel has formed the Turkel Committee, a domestic commission of inquiry to investigate the raid, that includes two international observers and is headed by retired Supreme Court of Israel judge Jacob Turkel.[38][39] Reservist general Giora Eiland led an internal Israeli army examination into the incident; its conclusions were presented to the army chief, Gabi Ashkenazi on July 12, 2010.[40] In August 2010, United Nations Secretary-General Ban Ki-moon announced that the U.N. will conduct an investigation of the incident. A separate investigation, unrelated to the U.N. probe referenced by the Secretary General, was conducted by the United Nations Human Rights Council. They published their findings on September 22, 2010 and alleged that the Israeli action was "disproportionate" and "betrayed an unacceptable level of brutality.[41] However, the UN Human Rights Council had already condemned the raid in a resolution in June before it had even commenced its investigation. [42] Moreover, the United States rejected the UNHRC’s findings and the 15 European Union member countries abstained from voting.[43] Israel, which had been working with a separate UN inquiry into the raid stated that UNHRC adopted a biased, politicized and extremist approach.[44]

Contents

Background

The Gaza Strip Blockade area, 2009
Main article: 2007–present blockade of the Gaza Strip

The Gaza Strip has land borders with Israel and Egypt, and a sea border on the Mediterranean. Egypt and Israel largely keep their borders with the territory sealed. After the Hamas takeover of the Gaza Strip in 2007, Israel tightened the blockade of the Gaza Strip, maintaining that the blockade is necessary to limit Palestinian rocket attacks from the Gaza Strip on its cities and to prevent Hamas from obtaining other weapons.[45][46][47][48] It argued that following the takeover of Gaza by Hamas and the intensification of Qassam rocket attacks, it is not legally responsible for Gaza and not obliged to help what it considers a hostile territory beyond whatever is necessary to avoid a humanitarian crisis.[49]

As of April 2010, movement of Palestinians via Rafah and Erez crossings controlled by the Egyptian and the Israeli authorities, respectively, remained largely restricted and limited to medical and other humanitarian cases.[50] According to Israeli Coordination and Liaison Administration, every day about 100 trucks are allowed to enter Gaza via Kerem Shalom Crossing.[51] Israeli human rights organization Gisha, the Legal Center for Freedom of Movement, obtained an Israeli government document which says "A country has the right to decide that it chooses not to engage in economic relations or to give economic assistance to the other party to the conflict, or that it wishes to operate using 'economic warfare' ".[52]

Since Hamas took over the Gaza Strip, Israel had allowed into Gaza only items specified on a list that was updated every few months; at the time of the raid this list contained 114 items.[53] Dual-use items such as steel pipes and fertiliser which Israel says could be used to manufacture weapons had not been allowed in, with the exception of "special humanitarian cases".[54] Numerous reports and statements by the United Nations[50][55][56][57] and independent NGOs,[58] and Catherine Ashton, High Representative for Foreign Affairs and Security Policy of the European Union,[59] stated that the blocking of various supplies by Israel was creating a humanitarian crisis in the region. According to some activists, this was a collective punishment of the civilian population in Gaza and thus illegal under international law,[60] a view echoed by the International Committee of the Red Cross.[39][61] Israel says the naval blockade is needed to prevent rocket attacks against Tel Aviv and Jerusalem. The Israeli prime minister said "If the blockade had been broken, it would have been followed by dozens, hundreds of boats. Each boat could carry dozens of missiles.".[62]

Free Gaza Movement

Main article: Free Gaza Movement

The Gaza Freedom Flotilla, comprising eight ships, was organized to break Israel's naval blockade of the Gaza Strip.[63] This was the tenth time that the Free Gaza Movement had tried to ship supplies to Gaza.[64] Five shipments had been allowed through prior to the 2008–09 Gaza War, but all shipments following the war were blocked by Israeli forces.[65] This flotilla was the largest sent by far. An Islamic aid group from Turkey, the İHH (İnsani Yardım Vakfı); ("The Foundation for Human Rights and Freedoms and Humanitarian Relief") supported this flotilla with one large passenger ship and two cargo ships.

İHH

Main article: İHH (Turkish NGO)

İHH is a Turkish NGO established in 1992 and officially registered in Istanbul since 1995. It operates in more than 100 countries and provides humanitarian relief in areas of war, earthquake, hunger, and conflict.[66] The İHH has held Special Consultative Status with the United Nations Economic and Social Council since 2004.[67][68] Its activities have been banned by Israel, which sees it as an organization close to Hamas.[69]

Flotilla organisation and initial leg

Ships

Main article: Ships of Gaza flotilla raid

Three passenger ships[70] and three cargo ships constituted the flotilla. The ships with flag and organization were:

Two other Free Gaza Movement ships, Challenger 2 (USA flagged) and MV Rachel Corrie (Cambodia flagged) were behind the rest of the flotilla due to mechanical problems. There have been claims this was due to Israeli sabotage, though no evidence has been produced.[71][72][73] Challenger 2 aborted, but the Rachel Corrie continued its journey.[citation needed]

Cargo

Mavi Marmara with Turkish and Palestinian flags, campaign banner, and the text "This is a humanitarian aid ship" in Turkish, English, Arabic, and Hebrew.

Three of the flotilla ships carried only passengers and their personal belongings,[70] while three other ships carried 10,000 tons of humanitarian aid, with an estimated value of $20 million. The cargo including food, wheelchairs, books, toys, electricity generators, medicine,[74][75][76] and building materials prohibited under the Israel blockade, such as cement,[77] although Israel offered to allow even these commodoties to enter Gaza, if the flotilla were to dock in Ashdod.[78]

Two-thirds of the medicine delivered by the flotilla expired between six and fifteen months prior to the raid,[79] and were found to be useless.[80] Additionally, Israel said that much of the cargo, including sensitive medical equipment, was poorly packed, and consequently damaged.[70]

Questions of flotilla's humanitarian motives

Israel questions the humanitarian motives of flotilla organizers, saying, "Israel has invited the organizers of the flotilla to use the land crossings, in the same manner as all the reputable international organizations. However, they are less interested in bringing in aid than in promoting their radical agenda, playing into the hands of Hamas provocations. While they have wrapped themselves in a humanitarian cloak, they are engaging in political propaganda and not in pro-Palestinian aid."[81] Madeline Brooks, columnist for the Canada Free Press called the flotilla's aid "phony," given that it, "included expired medicine and old, outdated medical equipment."[82] (see Cargo above)

According to Israeli sources, the Mavi Marmara carried 75 mercenaries with links to al-Qaeda, and other terror organizations, who carried $10,000 apiece on their persons.[83] Israel has said that the group boarded separately in a different city and went on deck under different procedures. The Turkish Customs officials and the İHH denied the allegations.[84][85]

People on board

Main article: List of participants of the Gaza flotilla

In the previous eight voyages to Gaza, Free Gaza vessels carried around 140 passengers in total. The İHH brought more than 600 people on board the Mavi Marmara alone.[23] There were in total 663 participants from 37 nations on board the flotilla.[19] Notable people aboard the flotilla included Israeli-Arab member of Knesset Haneen Zoubi, leader of the northern branch of the Islamic Movement in Israel Raed Salah, Swedish novelist Henning Mankell, Erdinç Tekir, convicted in the Black Sea hijacking,[86][87][88] and a number of parliamentarians from European and Arab national legislatures and the European Parliament.[89][90]

Initial leg

The incoming fleet was known to Israel government, military intelligence and press.[91][92] Israel declared that the flotilla was "about to break international law"; with one of the flotilla's organizers, Greta Berlin, saying "[w]e have the right to sail from international waters into the waters of Gaza".[93]

An Israeli spokesman announced that the convoy would not be permitted to reach Gaza but would be redirected by force to the port of Ashdod.[94] Israeli officials also said that the cargo would be transferred to Gaza after undergoing a security inspection.[95] Foreigners would be deported or, if they did not willingly agree to be deported, detained.[4]

The flotilla organisers rejected Israel's demand, as it did not believe that Israel would transfer the cargo to Gaza,[96] and said that, "This mission is not about delivering humanitarian supplies, it's about breaking Israel's siege on 1.5 million Palestinians...[63][93][97] We want to raise international awareness about the prison-like closure of Gaza and pressure the international community to review its sanctions policy and end its support for continued Israeli occupation."[96]

Some supporters of the flotilla announced on 28 May: "A violent response from Israel will breathe new life into the Palestine solidarity movement, drawing attention to the blockade."[98][99] Two of the activists (Ali Haydar Bengi and Ibrahim Bilgen) who died during the MV Mavi Marmara clash had previously said that they wished for martydom.[62] On 29 May, Aljazeera broadcast footage of some activists on the MV Mavi Marmara participating in a chant invoking battle against Jews.[62][100]

Six of the eight ships in the flotilla set out on 30 May 2010 from international waters off the coast of Cyprus;[4] the remaining two were delayed by mechanical problems and did not join the rest of the flotilla.[101] "We do not even have a jackknife here, but we will not let Israeli soldiers on board this ship," İHH leader Fehmi Bülent Yıldırım told reporters via a live video stream before the convoy set sail.[23]

The government of Cyprus refused to cooperate with the Free Gaza Movement, or allow activists to sail from its harbors, with the Cyprus Police stating that "anything related to the trip to Gaza is not permitted," and as a result remaining MPs and activists embarked instead from Famagusta in Turkish-occupied Northern Cyprus.[102][103] Cypriot and Greek MPs and activists refused to embark via ports in Northern Cyprus.[104] Having been delayed by two days, the flotilla aimed to reach Gaza on the afternoon of 31 May.[4]

Possible sabotage

After the raid, there were suspicions that the IDF or the Mossad sabotaged three of the flotilla's ships.[105]

According to the National Post Israel's deputy defense minister, Matan Vilnai, hinted that Israel had exhausted covert means of stalling the vessels of the flotilla. He said: "Everything was considered. I don't want to elaborate beyond that, because the fact is there were not up to 10, or however many ships were [originally] planned," alluding to rumours some of the vessels had been sabotaged.[106] Colonel Itzik Turgeman, a senior IDF officer hinted to the Foreign Affairs and Defense Committee of the Knesset, Israel's parliament, that some of the vessels had been tampered with to halt them far from the Gaza or Israeli coast.[107][108] According to UPI, Israeli newspapers said that, Turgeman spoke of "grey operations" against the flotilla, and he reportedly hinted that Israeli teams "took care of them." He also said that the Israeli army had decided against sabotaging the Mavi Marmara, out of fear that the vessel would be stranded in the middle of the sea and at risk of a humanitarian crisis for the people on board.[105][108] Israel been accused of sabotaging Palestinian ships in the past but no evidence has been produced to back up these claims.[105][109]

Three of the ships of the flotilla, the Rachel Corrie, the Challenger I and the Challenger II, suffered damage or malfunction. While the Challenger I was able to continue, the Challenger II had to abort halfway during its journey, while the Rachel Corrie had to dock for repairs in Malta. Greta Berlin, a spokesperson for the Free Gaza Movement, said that inspections of the ships had shown that the electric wires may have been tampered with, adding the group would still await the results of a full investigation.[110]

Raid

The flotilla had planned to break through Israel's Gaza blockade.[4] Israeli soldiers from the Shayetet 13 unit boarded the ships on May 31, 2010, at around 04:00 IST[111] with paintball guns and sidearms[4][112] while in international waters about 80 miles (130 km) out to sea.[74]

Initial contact

The Israeli Navy made initial contact with the flotilla at 11 p.m. (2000 UTC) on 30 May, about 120 miles (190 km) northwest of Gaza, 80 miles (130 km) off the coast of southern Lebanon, in international waters, ordering the ships to follow them to port or otherwise be boarded.[74][113]

The Israeli navy radioed the captain of the Mavi Marmara sending him this message: "You are approaching an area of hostilities, which is under a naval blockade. Gaza coastal area and Gaza Harbour are closed to maritime traffic. The Israeli government supports delivery of humanitarian supplies to the civilian population in Gaza Strip and invites you to enter Ashdod port. Delivery of supplies will be in accordance with the authorities' regulations and through the formal land crossing to Gaza and under your observation, after which you can return to your home ports." The reply was: "Negative, negative. Our destination is Gaza." Shortly after, two Israeli naval vessels flanked the flotilla on either side, but at a distance, and an Israeli aircraft flew overhead.[112] Among the Israeli vessels participating was the Sa'ar 5-class corvette INS Lahav.

Five days after the raid, IDF released an audio recording purporting to be of a radio exchange between the Israeli Navy and the flotilla. After Israeli warnings that the ships are approaching a blockade, voices responded "Go back to Auschwitz!" and "Don't forget 9/11".[114] Denis Healey, the captain of Challenger I, and activist Huwaida Arraf who was on the bridge of the ship, have disputed the authenticity of the recording. Israel has conceded that it is impossible to trace who made the comments, or from which ship, because they were made on an open channel.[115][116] An Israeli journalist who was on board an IDF ship confirmed the IDF accounts.[117]

Mavi Marmara boarding

The boarding of the Mavi Marmara resulted in violent clashes between activists and Israeli soldiers. Each side claims that the other started the violence, and the parties disagree on who acted in self-defense against illegitimate actions of the other side.

Furkan Doğan

The operation started in the early morning at 4:30. Speedboats and three Black Hawk helicopters, each with a team of 15 soldiers equipped with pistols and paint ball guns, approached the flotilla. The Mavi Marmara's passengers later reported gunfire, blue flares and deafening noise from the first helicopter at this time.[118] Activists attacked the boarding Israeli commandos with improvised weapons and allegedly with seized Israeli firearms. The commandos opened fire with live ammunition after non-lethal means of dispersal failed, and then took control of the ship. Nine passengers were killed and dozens wounded. A UNHRC fact-finding mission determined that Furkan Dogan, a 19 year old American citizen of Turkish descent, and five Turkish citizens were murdered execution-style on May 31 on the Mavi Marmari by the Israeli raiders.[119] Seven Israeli commandos were also wounded.

Journalists' accounts

Ron Ben-Yishai, a veteran war correspondent for Yedioth Ahronoth was aboard the Victory, an Israeli missile ship. He said the army planned to land a team on the top deck and rush the bridge and take control. He reported that the assessment was that the passengers would show "light resistance and possibly minor violence". He said the soldiers were told to confront protesters verbally, use crowd control tactics and use firearms only to save their own lives. The commandos then encountered fierce resistance and were not able to rush the bridge as planned and another helicopter was sent with a second troop. At first, the soldiers attempted to stop the violence with stun grenades; however, after a soldier was reported injured, the troops then asked for permission to use their firearms, which they received.[120]

Al Jazeera journalist Jamal Elshayyal, aboard the Mavi Marmara, said that passengers took apart some of the railing bars of the ship when they saw the Israeli ship approaching from a distance and that he saw "a number of Israeli soldiers being beaten with them" as soon as they tried to come aboard. "the first shots that were fired were either some sort of sound grenades...there was tear gas that was fired, as well as rubber-coated steel bullets...the live fire came roughly five minutes after that." He continued that "one of the passengers who was on the side of the deck holding a water hose, trying to hose off, if you will, the advancing Israeli Navy, was shot in his arm". Israel has asserted that it did not begin firing live weapons until after the guns of two soldiers on board were taken by passengers, however Elshayyal said "There is no doubt from what I saw that live ammunition was fired before any Israeli soldier was on deck." Elshayyal said two persons were killed before the soldiers had started boarding and three persons died while passengers including a Knesset member, tried in vain to make the soldiers help the wounded. He said he "heard accounts of three, in fact, Israeli soldiers being taken captive during the battle, and those accounts that once they had been taken captive, the intensity of the fighting increased, so the organizers of the ship ordered that these soldiers be released lest the passengers be inflicted more harm."[121]

Al Jazeera cameraman Andre Abu Khalil, also aboard the ship, said to Reuters that the initial wave of Israeli soldiers was overpowered but that there were four captured rather than three, who were "brought to the lowest deck (with) fracture wounds" and only after that live ammunition was used. Abu Khalil went on: "Twenty Turkish men formed a human shield to prevent the Israeli soldiers from scaling the ship." "They were banging the pipes on the side of the ship to warn the Israelis not to get closer." The standoff lasted about 10 minutes until the Israelis opened fire, he said: "One man got a direct hit to the head and another one was shot in the neck."[122]

Activists' and flotilla organizers' accounts

IDF commando being treated by Dr. Hasan Huseyin Uysal, a Turkish doctor.[123] Source: Ali Abunimah, Hürriyet

Hours before the raid, the head of the İHH declared, "We’re going to defeat the Israeli commandos-–we’re declaring it now. If you bring your soldiers here, we will throw you off the ship and you’ll be humiliated in front of the whole world." Later, according to the crew of the ship, a group of about İHH 40 organizers took over the ship.[80]

Arafat Shoukri, of the Free Gaza Movement, one the organizers of the flotilla convoy, said those on board one ship had called them by telephone to say that Israeli helicopters had arrived.[124] When Israeli boats approached the Mavi Marmara in the early morning, İHH volunteer Fatih Kavakdan said, "As the Israelis came close, they threw their hooks onto the bottom decks. Our friends down there cut them off. From above we threw chairs and anything we could find down on them, and after a while they moved away."[80]

Mehmut Tuval, captian of the Mavi Marmara, confirmed that the activists fashioned crude weapons out of the ship's railing and chains in the hours leading up to the raid. He said that he and his first mate tried to dispose of the weapons, but succeeded only on a very limited scale.[125] The wife of the Mavi Marmara's chief engineer, Nilüfer Ören, said that activists aboard the ship "were preparing to use violence against the Israeli soldiers." It was noticed that some activists were cutting chains and steel off of the ship using rotary saws (which were not part of the ship's equipment) roughly two hours before the IDF came aboard. She stated that IDF began tracking them after 90 miles (140 km), there were about 40 ships surrounding the convoy and the announcement was made while the commandos were boarding from helicopters at 04:45 am. She also said that sound bombs and smoke bombs were used. Therefore activists and crew members used gas masks.[126]

Haneen Zoubi said that soldiers opened fire while hovering above in helicopters, before abseiling onto the deck.[127] Robert Mackey of The New York Times suggested that the passengers on the ship may have mistaken the flash grenades and paintball guns for deadly weapons, which enraged them.[128] Espen Goffeng, a 38-year-old activist from Norway who sailed aboard the Mavi Marmara, said the Israeli commandos "started off with some kind of paintball bullets with glass in them that left terrible soft tissue wounds. And then rubber bullets. And then live ammunition afterward."[27] Norman Paech, a former member of the German parliament and foreign affairs spokesperson Left Party's parliamentary group, who was aboard the Marmara said he only saw three activists resisting. "They had no knives, no axes, only sticks that they used to defend themselves," he told reporters. But he said he could "not rule out" that others used weapons somewhere else on the boat.[129] "We heard some of them shouting We are raising the white flag, stop shooting at us" Shoukri said. He called Israeli accounts of activists having pistols and other weapons "cheap propaganda".[124]

İHH president Fehmi Bülent Yıldırım said that "passengers on the ship showed civil resistance, the press was there, and that the İHH (had) called on the passengers not to allow Israeli soldiers in".[130] Yıldırım stated that the Israelis initially dropped gas bombs, and then fired two rubber bullets before resorting to "nail-like ammunition". He claimed that 10 Israeli soldiers were overpowered and disarmed, and their weapons were thrown into the sea. Yıldırım said that photographer Cevdet Kılıçlar was shot in the head by a soldier one meter away.[citation needed]

British activist Kevin Ovenden claimed that soldiers dropped sound bombs before boarding from speedboats and abseiling from helicopters. He confirmed that activists resisted "with their hands and whatever was to hand" on the top deck, and that some soldiers were "roughed up". He claimed that two soldiers were pushed over the top of the ship to the next deck down, and that another two were disarmed and taken to the bottom of the ship, where they were guarded to prevent reprisals. Ovenden claimed that the commandos started firing rubber bullets almost immediately, and later resorted to live ammunition, although soldiers did not fire indiscriminately or wildly but rather carefully targeted. He confirmed that a man was shot by soldiers after pointing his camera towards them.[131][132]

Mohamed Beltagy, an Egyptian MP who had been on the ship stated in an interview that the flotilla participants overcame three Israeli commandos and snatched their weapons from them. His admission drew heavy criticism in the Egyptian media for granting Israel a "public relations gift."[133] Kenneth O'Keefe, a former commando in the United States armed forces who renounced his American citizenship, said that the activists overpowered three Israeli Navy commandos, who were taken to the bottom of the ship after their weapons were tossed to the sea. He added that, although the activists could have killed them, they decided to release the soldiers unharmed.[134] Turkish doctor, Dr. Hasan Huseyin Uysal, who treated the wounded Israeli commandos, said that the soldiers sustained superficial wounds. He said, "If people on board were so eager to hurt them, why would they not just shoot them to death once they had taken their guns? Why bother carting them inside for treatment? It just doesn’t add up."[123]

According to Andre Abu Khalil, captive commandos were released after Israel agreed to airlift wounded. Zoubi mediated negotiations between activists and soldiers.[122] Zoubi,[127] an Al-Jazeera cameraman[135] and at least three other passengers[136][137][138] said that IDF soldiers refused to offer medical aid to several wounded activists who died shortly after.[127][139] Dr. Hazem Farouq, a dentist and Egyptian MP from the Muslim Brotherhood said passengers could not find first aid and did not have material to treat wounds. Farouq said soldiers refused to allow men to carry the wounded and asked women to carry the wounded instead.[135]

A video shot on board by documentary maker Iara Lee shows the captain of the boat announcing over the public address system, "Stop your resistance[140] … They are using live ammunition … Be calm, be very calm." Gunshots are heard. At the end a woman shouts, "We have no guns here, we are civilians taking care of injured people. Don't use violence, we need help." One of the activists shows the camera a waterproofed booklet allegedly taken from the Israeli commandos listing the names, with photos, of several key people among the passengers. Lee says the video was smuggled off the ship in her underwear due to the Israeli confiscation of all photographic and film material.[141][142][143]

Israeli Army accounts

Snapshot showing activists beating soldiers, from a video released by the IDF

According to the IDF, Israeli commandos prepared to encounter political activists seeking to hold a protest, were armed with paintball guns[27] and handguns as sidearms.[144] The soldiers had orders to try and peacefully convince the activists to give up, and if not successful, to use non-lethal force to commandeer the ship. The commandos were instructed to use the sidearms in an emergency, when their lives were at risk.[145] The commandos fired warning shots and dropped stun grenades prior to abseiling to the ship.[146] The IDF reported that after descending from helicopters onto the deck of the ship, the commandos were attacked by activists, and that soldiers were severely beaten and stabbed. One soldier was pushed headfirst by activists onto a lower deck.[147] Two Israeli commandos had their guns wrested away, and possibly turned against the commandos. An Israeli commando said that there was live fire at some point against them from below deck.[148] Two of the commandos sustained gunshot wounds. The troops said later: “We were fired upon, we fired back.” [149][150] An IDF video shows the first four commandos abseiling onto the deck and then being attacked by activists with bars, axes and knives. According to IDF analysis of the video documenting the takeover, "the fourth commando saw his team leader on the deck, with a Turkish activist holding the pistol he had grabbed from him and pointing it to his head. He jumped from the rope and managed to shoot the gun wielding activist, 20 seconds after the first soldier landed on the deck".[151] According to Major Avital Leibovich of the IDF Spokesperson's Unit, the activists attacked the soldiers with knives, slingshots, spikes, and clubs, and with pistols that were seized from Israeli commandos.[152][153] The Israeli Navy said they recovered 9mm shell casings of a kind not used by the Israeli commandos, suggesting that the activists had other weapons not seized from the IDF.[151] They were reportedly thrown overboard prior to the Israeli commandos taking complete control of the ship.[151] Israeli commandos also boarded the ship from boats. As the boats approached, activists fired water hoses and threw a box of plates and a stun grenade at them, and beat the hands of soldiers as they climbed on board.

Snapshot showing activists throwing an Israeli soldier to a lower deck, from footage released by the IDF

According to a preliminary navy investigation, some passengers attempted to take hostage three unconscious commandos by dragging them into one of the passenger halls below. They were held in passenger halls for several minutes until they regained consciousness and managed to join the other soldiers.[151]

Stun grenades and tear gas were used in an attempt to disperse activists. After this proved ineffective, the commandos requested and received permission to use live ammunition. The commandos then shot activists in the legs, which forced them to disperse, and then advanced towards the bridge, while firing at attacking activists. They reached the bridge and took over the ship after 30 minutes.[120][154]

IDF footage

The IDF released nearly 20 videos of the incident.[155] The videos were taken from Israeli Naval vessels and helicopters using night-vision technology. The videos showed activists pummeling soldiers with metal pipes and a chair, and also showed a soldier being pushed off deck by activists and thrown onto a lower deck headfirst.[156] One video shows each commando being attacked by metal pipes and bats as he was lowered by helicopter. Other videos show activists beating one of the soldiers and trying to kidnap him.[157] The IDF also showed footage from the ship's surveillance cameras which displayed activists preparing for a clash hours before the Israeli Navy made contact with the ship.[157] Footage confiscated from activists also shows them breaking off railings to be used against soldiers prior to the clash. Activist footage showed soldiers boarding from speedboats being attacked with numerous objects including a stun grenade and with water hoses, showed activists attacking soldiers as they rappelled down, and showed one soldier being beaten with a metal pipe and then stabbed in the arm.

Other boardings

Israeli minister Avigdor Lieberman said, on the other five ships, "the people got off without a scratch." [158] Numerous passengers aboard Challenger 1, Sfendoni, and Free Mediterrenean stated that the soldiers used tasers, plastic bullets, stun grenades, and beat up the passengers.[27][159][160] A report in El Pais said that several people from other ships had also been wounded.[text 2] Free Gaza organizer Huwaida Arraf, who herself was on the Challenger 1, said that some activists on the other five ships were beaten so severely they were hospitalized.[161]

Sfendoni

Retired diplomat Edward Peck, who was on board the Sfendoni, said that the commandos were well-trained, and behaved reasonably well.[162] The soldiers scuffled with a few activists trying to bar their access to the wheelhouse, but there were no major injuries, Peck said.[162][163] Paul Larudee, a 64-year-old former linguistics professor from El Cerrito, California onboard the Sfendoni, was beaten and tased according to his family who said that Israeli consular officials informed them that Larudee, a pacifist, was beaten after refusing to follow the orders of troops.[164][165]

Free Mediterranean

Swedish author Henning Mankell reports that Israeli troops abseiled onto the Free Mediterranean about an hour after the raid on the Mavi Marmara.[166] Michalis Grigoropoulos, who was at the wheel of the ship, said that the Israeli commandos used electric shocks on those who tried to form a human ring on the bridge,[160] and also used tear gas and live ammunition.[159] In an eyewitness account, a reporter for the German newspaper Frankfurter Allgemeine Zeitung wrote that Israeli soldiers approached unarmed civilians with guns drawn and shot a 65 year old person with an electroshock weapon from a distance of ten centimeters.[text 3] Mankell said soldiers shot "an older man in the crew, he was perhaps a little slow" with an electric gun, and another man with rubber bullets.[166]

Challenger 1

The Challenger 1 accelerated its course in an attempt to allow journalists onboard to broadcast their photos of the ongoing raid.[167] Huwaida Arraf, an American activist who was on the Challenger 1 reported that Israeli soldiers attacked those who tried to block them from taking over the vessel with kicks, tasers, and concussion grenades.[162] She said that the Israelis smashed her face against the ground and stepped on it; later they hand-cuffed her and put a bag over her head.[158] First mate Shane Dillon reported that Israeli troops used stun guns and paintball guns to subdue activists on board, broke the nose of a Belgian woman among them, and beat another passenger.[167] Australian photojournalist Kate Geraghty was tasered by Israeli troops aboard the Challenger 1, while attempting to photograph the raid.[167]

Activist Huwaida Arraf reported that Israeli troops seized confiscated communication equipment, cameras and memory cards from activists.[168]

Official Israeli response

Israeli Prime Minister Benjamin Netanyahu, echoing the IDF and Israeli media accounts, said that the events represent a clear case of self-defense of the IDF soldiers.[145][169][170]

The Israeli Supreme Court, which rejected several local legal suits against the flotilla raid, wrote in its verdict that "the soldiers were forced to respond in order to defend their lives."[171]

Casualties

Flotilla participants

Deaths

Cevdet Kılıçlar, killed during the raid on the Mavi Marmara. Source: Iara Lee, Caipirinha Foundation

Nine activists were shot and killed in the raid. Cengiz Akyüz (42), Ali Heyder Bengi (39),[172] İbrahim Bilgen (61), Cevdet Kılıçlar (38), Cengiz Songür (47), Çetin Topçuoğlu (53), Fahri Yaldız (43), Necdet Yıldırım (32),[22] and Furkan Doğan (19). Doğan was an American citizen born to Turkish parents, and a Turkish permanent resident, who some sources say also held Turkish citizenship.[173][174] Doğan's father rejected this, saying his American-born son had only a Turkish residency stamp in his US passport: "Furkan was a US citizen only and he did not think that he would be killed since he was an American." [175] All of the remaining dead were Turkish nationals. Most of the dead were members of, or volunteers for the İHH,[176]

İbrahim Bilgen was a Turkish politician from the Felicity Party.[177] while Ali Heyder Bengi was the chairman of Aydınlık Yarınlar İçin Hak ve Özgürlükler Eğitim Kültür ve Dayanışma Derneği (AYDER).[178] Cevdet Kılıçlar was a journalist who worked as a reporter and website maanager for the İHH. Çetin Topçuoğlu was a taekwondo champion and coach, as well as an amateur soccer player. He had previously participated in Lifeline 3. Necdet Yıldırım was a member of the İHH, and worked at a sports association in Istanbul. Fahri Yaldız was a security guard for İHH conferences, and was a bodyguard for the mayor of Adiyaman. Cengiz Songür was a textile salesman from Konya. He was active in the organization Izmir Özgür-Der, which espouses an Islamist ideology and provides aid to Muslims worldwide. Cengiz Akyüz was an İHH activist from Iskenderun.[179]

Autopsies performed in Turkey showed that eight of the nine killed had died of 9mm gunshot wounds, with one death from an unnamed atypical round. Five of them had gunshot wounds to the head and at least four were shot from both back and front.[22][27] Most were shot from above at a steep angle. The İHH reported that the bodies had been washed by Israeli authorities before their return to Turkey, removing any gunpowder residue that could help determine shooting distance. Accordingly, the range at which the dead were shot could not be determined. The İHH contends that the findings show that the Israeli forces had shot to kill the activists and not to overpower them. According to the organization, the autopsy reports also state that almost all of the deceased were shot from up above with a high angle. The report also claimed that the wounds and ammunition used indicated automatic weapons were used.[180] The nine were shot 30 times in total, with many shots fired at close range.[22] "From the analysis of the bullet distance on one of the bodies," Dr. Haluk Ince, the director of Istanbul's Medical Examination Institute, said, "the gun was fired between 2 and 14 centimeters' distance from the victim's head."[27] Furkan Doğan was shot five times from less that 45 cm, in the face, in the back of the head, twice in the leg and once in the back.[22]

Eight of the activists killed in the raid had a funeral in Istanbul on 3 June;[181] the last funeral was held in Istanbul on 4 June.[182]

Injuries

The raid also left dozens wounded.[183] As of 16:00 on 31 May, forty-two activists were hospitalized in Israel, nine of them in serious condition.[184] Seven activists remained under treatment in Israeli hospitals on 3 June.[185]

There were reports of scuffles at Ben Gurion International Airport. Ó Luain was injured when a row broke out with Israeli authorities but it is understood he was not seriously hurt.[citation needed] According to the flotilla activist Fintan Lan Ken, an Irish-American passenger was beaten by security officials at Tel Aviv airport before boarding, and had to be hospitalised.[186]

Israeli military

Israel reported that seven soldiers were injured in the clash—two seriously.[21][184] Two officers sustained gunshot wounds, one in the stomach and one in the knee. One soldier sustained injuries to his head and neck, and was unconscious for 45 minutes, and another one suffered a broken arm. An officer suffered a skull fracture and stab wounds to the stomach and hand.[120][187][188] Five other soldiers also sustained injuries from beatings.

Post-boarding

Investigation for on-board weapons

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The Israeli Army said that in addition to medical aid and construction materials, they found knives, clubs, slingshots, bulletproof vests, gas masks, and night vision goggles aboard the Mavi Marmara.[189] A statement released by the Foreign Affairs Minister of Israel claimed that violence against the soldiers was pre-planned, and that "light weaponry" was found on the ships, including pistols that had been seized from IDF commandos. Israel stated that the naval forces "found weapons prepared in advance and used against our forces."[157][190] IDF photos displayed daggers, kitchen and pocket knives, metal and wooden poles, flares, wrenches and slingshots with marble projectiles said to have been used against the soldiers.[text 4][191] The activists were said to have also lobbed stun grenades at IDF soldiers, and the IDF furnished video reflecting this.[192] An activist said that it would have been impossible to have firearms on board because "all the boats were carefully inspected by the government before they left the port of departure."[193] Turkish officials supported the activists' account, stating that every passenger that had left Turkey had been searched with X-ray machines and metal detectors before boarding. Senior officials in the Customs Undersecretariat called the Israeli statements tantamount to "complete nonsense".[84]

On 4 June Walla! reported that a senior, but anonymous, IDF officer, interviewed by Kol Israel radio, said that activists threw weapons and firearms into the sea, and that rifle sights and bullet casings that do not match IDF firearms were found on the ship.[194][195][196] Fehmi Bülent Yıldırım, the head of the İHH which participated in the organization of the flotilla, said activists had rushed some of the soldiers and snatched their weapons, but had thrown them overboard without using them.[197]

Allegations of theft by individual Israeli soldiers

Several passengers had charges made to their confiscated debit cards and cell phones. Israel pledged to investigate the issue.[198] An IDF officer and three soldiers have been charged with stealing laptops and cell phones of passengers.[199]

Fate of participants

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Following the boardings, Israeli naval forces towed the flotilla's vessels to Ashdod using tugboats, from where the activists were taken into custody by authorities, pending deportation.[200] All activists on board were detained.

At least 32 activists were detained by the Israel Prisons Service, after they refused to sign deportation orders, including two who were wounded but refused hospital treatment.[201] According to several passengers including Swedish author Henning Mankell, Israel confiscated all their belongings such as money, credit cards, mobile phones, laptops, cameras, and their personal belongings including clothes. They were only allowed to keep papers.[160][202] Irish Minister for Foreign Affairs Micheál Martin described the arrests as "kidnapping" and questioned the logic of bringing the detainees to Israel only to deport them there, instead of giving them "unconditional release".[203]

As of 1 June, Israel was detaining 480 activists captured in the raid, in a prison in Ashdod, deporting another 48.[204] Reacting to intensifying international criticism of the raid, Israeli officials announced that all 680 activists held would be released, including two dozen Israel had threatened earlier to prosecute, charging they had assaulted its troops.[205]

On 1 June, witnesses to the Israeli raid on the flotilla returned to Greece and Turkey, where they provided the first eyewitness accounts.[160] One of them, a Turkish mother whose one-year-old child was on board with her, had agreed to extradition from Israel after she was warned that prison conditions were "too harsh" for her baby. In the prison – another activist described – they were not allowed to contact lawyers, nor were they allowed to "go to the toilet, eat or drink water" and were videotaped throughout.[160]

Arab Knesset Member Hanin Zoabi was released on June 1. She attempted to address the Knesset, but was verbally abused by other lawmakers, who told her to "[g]o to Gaza, traitor", before being pushed out of the chamber. She received multiple death threats by phone and mail, and was placed under armed protection after nearly 500 people signed up to a Facebook page calling for her execution."[139] As punishment for her participation in the flotilla raid, the Knesset voted to strip her of her parliamentary priveledges. There were also numerous calls for her prosecution.

Four other prominent Arab Israelis who had participated in the flotilla were detained, and later released on bail. On June 3, the Ashkelon Magistrates' Court accepted an appeal for their release with bail, under the conditions that they remain under house arrest until June 8, and do not leave the country for 45 days.[206]

There have been accusations of the use of violence against detained activists while Israeli officials conducted interrogations. One activist said that "during their interrogation, many of them [activists] were badly beaten in front of us," and that "there was great mistreatment after our arrest."[207] Mattias Gardell also said there was sleep deprivation[208] and that he was beaten several times.[209] They have also said that the treatment they received was different depending on their skin colour, ethnicity and if they had a Muslim sounding name.[208][210]

The Israeli army says there were a total of 718 passengers on flotilla; the last one was released by June 6, 2010.[20]

Fate of aid cargo

Israel said humanitarian aid confiscated from the ships would be transferred to Gaza, but that it would not transfer banned items such as cement.[4]

At the same briefing, they said that they found construction equipment, including concrete and metal rods, that is not allowed to enter Gaza. The IDF said that all of the equipment that was on board was examined and that none of it was in shortage in Gaza.[211] According to Israeli and Palestinian sources, as of 2 June 2010 Hamas refused to allow the humanitarian aid into Gaza until Israeli authorities released all flotilla detainees and allowed building materials, which are thought to make up the majority, 8,000 of the 10,000 tons of the goods, to reach them.[77][212][213] Hamas leader Ismail Haniyeh said, "We are not seeking to fill our (bellies), we are looking to break the Israeli siege on Gaza."[214]

On 17 June 2010, Palestinian authorities accepted the delivery of the cargo under UN supervision and coordination.[51] However, Israel stated it "will not transfer to Gaza the weapons and military equipment it had found aboard the Mavi Marmara."[189]

Fate of aid ships

At midday of May 31, 2010[200] Israeli Navy tugboats towed ships of the aid convoy to the Israeli port of Ashdod,[215] where the ships were impounded by Israeli authorities. NATO Secretary General Anders Fogh Rasmussen requested "the immediate release of the detained civilians and ships held by Israel."[216] Of the seven ships detained in Israel, three of the Turkish owned ships were unconditionally returned. The Israeli Defense Ministry reported that two of the remaining four ships were claimed, but proof of ownership wasn't provided. Whereas the other two ships nobody claimed ownership and Israel tried locate them.[217]

Aftermath

On 31 May Israeli P.M. Netanyahu asked US President Barack Obama to veto any UN Security Council condemnation of Israel, but the president refused.[218] At the UN Security Council, the US did however block demands for an international inquiry into the raid (similar to Richard Goldstone's inquiry into the Gaza war) and the criticism of Israel for violating international law, as proposed by Turkey, the Palestinians, and Arab nations.[219]

Egypt opened its Rafah Border Crossing with the Gaza Strip to allow humanitarian and medical aid to enter following international criticism of the raid and a call for the border to be opened by Hamas's leader Khaled Meshaal.[220] It is not clear how long it will remain open.[220] According to an Egyptian security source, construction materials such as concrete and steel are still required to be transported via Israel's border crossings.[220]

On 2 June, Israel decided to release over 600 of the detained activists.[221]

On 4 June, the Israeli high court upheld the decision of attorney-general Yehuda Weinstein to halt the police investigation of the Mavi Marmara incident.[222]

On 4 June, a Turkish state-run news agency announced that in the next two months a possible court case against Israel will begin, and that the official Turkish autopsy report will serve as an evidence against Israel there.[173]

On 5 June, the Israeli government's press division apologized for circulating a link to a video, titled "We Con the World", that mocked activists on board.

On 13 June, Defense Minister Ehud Barak cancelled a previously scheduled trip to France amidst threats of charges being brought in Europe against Barak and other Israeli officials under the principle of universal jurisdiction.[223]

On 16 June, Israel had added Turkish organizers of Gaza flotilla, The Foundation for Human Rights and Freedoms and Humanitarian Aid (İHH), to terror watch list.[224]

On 29 June the İHH released a report which concluded that Israel had performed a planned terrorist attack against the flotilla, which had claimed 9 lives and left 50 aid activists wounded.[225]

Reactions

Main article: Reactions to the Gaza flotilla raid
Demonstration in Stockholm, Sweden[226]

Strong international reactions were issued by national authorities, supranational bodies, non-governmental organizations, and religious leaders. Official responses varied from deep concern over the killings to strong condemnations of the Israeli action. The UN Security Council formally condemned "those acts which resulted in the loss of lives" and called for a prompt, impartial, credible and transparent investigation conforming to international standards.[221][227][228][229][230] The UN Human Rights Council condemned Israel and called the attack "outrageous", deciding to dispatch an independent international fact finding mission to investigate violations of international law.[231][232] Unofficial responses included widespread civilian protests of the Israeli action, following reports of the deaths.[233][234][235] There were also some rallies in support of Israel more generally. Turkish-Israeli relations have reached a low point after the incident, with Turkey pulling its Ambassador and vowing to review all ties with Israel. Turkey's Prime Minister Recep Tayyip Erdoğan accused Israel of "state terrorism," while distancing himself from anti-semitism.[text 5] Several entertainers cancelled appearances in Israel.[236]

Iran's Red Crescent organised an aid shipment in response, but it has been posponed after being informed that Egypt would prevent it from passing through the Suez Canal.[237] B. Lynn Pascoe, United Nations Under-Secretary-General for Political Affairs, cautioned "such convoys were not helpful in resolving Gaza’s basic economic problems and needlessly carried the potential for escalation".[238] "Our stated preference has been and remains that aid should be delivered by established routes" The United Nations spokesman said, prior to new Lebanese ships sailing to Gaza on July 23, 2010, "There are established routes for supplies to enter by land. That is the way aid should be delivered to the people of Gaza." he added.[239] Israel's United Nations Ambassador Gabriela Shalev said in letter to Secretary-General Ban Ki-moon about new Gaza-bound ships: "Israel reserves its right under international law to use all necessary means to prevent these ships from violating the ... naval blockade".[240]

The Gaddafi International Charity and Development Foundation, a Libyan charity organization headed by Saif al-Islam Muammar Al-Gaddafi, chartered the MV Amalthea to deliver humanitarian aid to the Gaza Strip. The ship carried food, medical supplies[241] and pre-fabricated houses[242] and docked at the port of El Arish, Egypt on 14 July[243] from where the supplies were reportedly to be taken to Gaza by road. The humanitarian aid and supplies were donated by Greek companies and charities.[241]

The incident seriously threatened the already deteriorating relations between Turkey and Israel[32] as Turkish president Abdullah Gül said it was the first time since World War I that Turkey had been attacked.[33]

Easing of Gaza blockade

Main article: 2010 easing of the blockade of the Gaza Strip

Following the raid, the pressure on Israel to ease the blockade of the Gaza strip, which had been climbing steadily, increased dramatically, and the country faced mounting international calls to ease or lift its blockade.[244][245]

On June 17, Israeli Prime Minister's Office announced that the security cabinet had agreed to relax Israel's blockade on the Gaza Strip.[246] This announcement received a cool response from the international community.[247]

On June 20, 2010, Israel's Security Cabinet approved a new system governing the blockade that would allow practically all non-military or dual-use items to enter the Gaza strip. According to a cabinet statement, Israel would "expand the transfer of construction materials designated for projects that have been approved by the Palestinian Authority, including schools, health institutions, water, sanitation and more – as well as (projects) that are under international supervision."[248] Despite the easing of the land blockade, Israel announced that it would continue to inspect at the port of Ashdod all goods bound for Gaza by sea. Internationally, this decision received mixed reactions.[244]

Investigations

Calls for independent investigation

Turkey's foreign minister, Ahmet Davutoglu, reiterated his demands for a United Nations investigation. He said: "We have no trust at all that Israel, a country that has carried out such an attack on a civilian convoy in international waters, will conduct an impartial investigation. To have a defendant acting simultaneously as both prosecutor and judge is not compatible with any principle of law."[249][250]

UN Secretary-General Ban Ki-moon said on June 5 that the IDF raid of the Mavi Marmara should be investigated by a New Zealand-led committee, with Israeli and Turkish deputies.[250] Prime Minister Benjamin Netanyahu hoped the Israeli-led process would put an end to efforts in the United Nations to set up an international inquiry, which many Israelis fear would be biased. In Israel and around the world, some said the committee lacked sufficient credibility and investigative powers.[251] White House backed Israeli internal inquiry into Gaza flotilla deaths and said that the Israeli inquiry meets the standard of "prompt, impartial, credible and transparent investigation".[252] U.K. Foreign Secretary William Hague, speaking in Luxembourg, stressed the need for "a truly independent inquiry and a thorough investigation that the international community can respect."[253] Dan Meridor responsible for Israeli intelligence services, told Turkish newspaper that there "will be international elements in the commission which is going to be formed".[254]

The Israeli government said it would accept a limited role by non-Israelis in the investigation of the raid,[255] but rejected an independent international inquiry,[256][257][258] and said the country is able to conduct a credible review on its own.[259] Analysts suggested that after the controversial UN-sponsored Goldstone Report, Israel lacks faith that the United Nations can do a credible job of investigating events related to Israel.[260] An internal Israeli police investigation was halted by Israeli Attorney General Yehuda Weinstein.[222] A group of Israeli Navy reserve officers issued a letter backing the call for an independent investigation.[261]

Israeli investigation

See also: Turkel Commission

Following the raid, Israel's government set up the Turkel Commission, a commission of inquiry headed by Israeli Supreme Court Justice Jacob Turkel, to examine the legality of Israel's naval blockade of Gaza and the flotilla raid. It has two (previously three) Israeli members, and two non-voting foreign observers. Turkey and Palestinian leader Mahmoud Abbas dismissed the Israeli investigation, and UN Secretary-General Ban Ki-moon repeated the demand for an independent investigation, stating that the Israeli investigation will not have international credibility.

United Nations investigations

On August 2, United Nations Secretary-General Ban Ki-moon announced that the U.N. will conduct an investigation of the incident. The panel of inquiry will be presided by Geoffrey Palmer, a former prime minister of New Zealand.[262][263] The four-member panel also includes Alvaro Uribe, outgoing Colombian president, as vice chair, and one representative each from Israel and Turkey. The panel will start its work on August 10. In a statement, Israel's prime minister, Benjamin Netanyahu, said the country had nothing to hide, and that it was in its interest that the truth of the events came to light throughout the world.[264]

On July, 23 the United Nations Human Rights Council launched an independent international fact-finding mission to investigate violations of international law, resulting from the flotilla raid.[265] In it's first report, submitted in September 2010, the mission found that the IDF broke international law, and that there was evidence sufficient to initiate prosecutions for breaches of the Geneva Convention. In particular, the mission found clear evidence for prosection for the war crimes of "wilful killing; torture or inhuman treatment; wilfully causing great suffering or serious injury to body or health" under Article 147 of the Fourth Geneva Convention.[266][267] The report stated that: "The conduct of the Israeli military and other personnel towards the flotilla passengers was not only disproportionate to the occasion but demonstrated levels of totally unnecessary and incredible violence.”[266] The investigation also determined based on both "forensic and firearm evidence" that Furkan Dogan, a 19 year old American citizen of Turkish descent, and five Turkish citizens were murdered execution-style by the Israeli raiders: "[the killing] can be characterized as extra-legal, arbitrary and summary executions."[119] The United States expressed concern about the tone, content and conclusions of the report, while the European Union said that it should be transferred to the UN Secretary-General's investigation.[268]

Other investigations

Turkey's Istanbul Bakırköy prosecutor's office, assisted by the Ankara prosecutor's office, has opened a criminal investigation. Possible charges, against Prime Minister Benjamin Netanyahu, Defense Minister Ehud Barak and Chief of Staff Gabi Ashkenazi, would include murder, injury, attacking Turkish citizens, and piracy.[269] A spokesman for the U.S. State Department said, "We will look into the circumstances of the death of an American citizen, as we would do anywhere in the world at all times", noting that the FBI could get involved, "working with the host government", "if we think a crime has been committed".[270]

The Intelligence and Terrorism Information Center, an Israeli non-governmental organization, said that, based on laptop files and passenger testimony that a group of 40 "militant" activists boarded before the rest of the passengers, were not searched as they boarded, and that İHH President Fehmi Bülent Yıldırım had briefed this group with a mission of keeping Israelis from taking control of the ship.[271][272]

The Foreign Press Association, which represents hundreds of journalists in Israel and the Palestinian territories, has complained that Israel is validating its own account by selectively using the seized video and equipment from reporters on board. FPA also criticized Israel's use of captured material without permission.[259] Journalist Paul McGeough told his consul-general "we were robbed of any electronic equipment that we had" and that "Fairfax will fight this .. I could be back in Israel within two weeks to contest this."[273] Israeli public radio reported that authorities had banned the media from providing any information about the dead and wounded, and who was taken to hospital in Israel. The censorship order was later lifted.[274]

Legal assessments

Main article: Legal assessments of the Gaza flotilla raid

International law experts (and non-lawyers) differed over the legality of the Israeli action in published assessments following the raid. Legal commentators generally agreed that Israel was required to respond with only a proportional use of force in the face of violent resistance; whether the actual force used was proportional, was disputed.[13][275]

A fact-finding mission of legal experts tasked by the UNHRC to investigate the incident determined that the Israeli military broke international law[266] and that six of the passengers were shot execution-style aboard one of the ships by the Israeli commandos.[119] The United Nations High Commissioner for Human Rights and the International Committee of the Red Cross said that Israel's blockade of the Gaza Strip was illegal. In the United States, the National Lawyers Guild's International Committee said Israel's actions were "manifestly excessive" to the conditions of a lawful blockade;[276] Richard Falk, professor emeritus of international law at Princeton University said that the "ships that were situated in the high seas where freedom of navigation exists, according to the law of the seas"[undue weight?];[277] Anthony D'Amato, a professor of international law at Northwestern University School of Law, said the raid was illegal and that a legitimate blockade would have required a state of war between Israel and Hamas[undue weight?].[13][278][279]

Harvard Law School Professor Alan Dershowitz, Chicago Law School Professor Eric Posner, and Johns Hopkins international law Professor Ruth Wedgwood, said that the naval blockade and the boarding in international waters were in accord with long-standing international law, and comparable to other blockades in unrelated, historical conflicts.[280][281][282] Dershowitz and Posner also defended the specific use of force as legal.

References

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  2. ^ Slackman, Michael (June 2, 2010). "In Bid to Quell Anger Over Raid, Israel Frees Detainees". NYTimes.com. http://www.nytimes.com/2010/06/03/world/middleeast/03flotilla.html. Retrieved June 3, 2010. 
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    In Hebrew: על התדר הפתוח, יכלו כל ספינות המשט לשמוע את האזהרות. והן גם דאגו להחזיר. "תחזרו לאושוויץ", ענתה ספינה אחת, אחרת השיבה ב"ג'יהאד, ג'יהאד, ג'יהאד". המפגש האלים היה בלתי נמנע.
    Translation to English: On the open channel, all the flotilla ships could hear the warnings. They also took care to reply. "Go back to Auschwitz", answered one ship, and another responded, "Jihad, jihad, jihad". The violent clash was inevitable.
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  193. ^ Amos Harel, Israel Navy: 3 commandos nearly taken hostage in Gaza flotilla raid, Haaretz, 4.6.2010.
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  217. ^ Israel should lead investigation into attack on Gaza flotilla, says US, Guardian.
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  234. ^ Can Israel Learn How to Make Its Case? Time Magazine Jume 21, 2010 edition
  235. ^ Iranian charity accuses Egypt of blocking Gaza aid ship
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  269. ^ Abraham Rabinovich, Jerusalem (2010-06-11). "Israel points finger at Turkish PM". The Australian. http://www.theaustralian.com.au/news/world/israel-points-finger-at-turkish-pm/story-e6frg6so-1225878143687. Retrieved 2010-06-26. 
  270. ^ Pfeffer, Anshel (2010-05-31). "Probe: Erdogan knew Gaza flotilla would be violent - Haaretz Daily Newspaper | Israel News". Haaretz.com. http://www.haaretz.com/news/diplomacy-defense/probe-erdogan-knew-gaza-flotilla-would-be-violent-1.295144. Retrieved 2010-06-26. 
  271. ^ John Lyons, Istanbul (May 31, 2010). "The Australian: Australia-based journalists from Gaza flotilla 'fine'". Theaustralian.com.au. http://www.theaustralian.com.au/news/nation/australia-based-journalists-from-gaza-flotilla-fine/story-e6frg6nf-1225875238665. Retrieved June 4, 2010. 
  272. ^ "Maan News Agency: RSF condemns flotilla censorship". Maannews.net. http://www.maannews.net/eng/ViewDetails.aspx?ID=288991. Retrieved June 5, 2010. 
  273. ^ Hirsch, Afua (June 1, 2010). "Was the Gaza Flotilla Raid Illegal?". The Guardian (London: Guardian News and Media). http://www.guardian.co.uk/law/afua-hirsch-law-blog/2010/jun/01/gaza-freedom-flotilla-international-law. Retrieved June 2, 2010. 
  274. ^ "Israel's Security Cannot Come at Any Price – Legal Analysis of Flotilla Attack by Dr. Ben Saul". http://www.nlginternational.org/news/article.php?nid=313. Retrieved June 10, 2010. 
  275. ^ "United Nations: Secretary-General 'shocked' by deadly raid on Gaza aid flotilla". Un.org. May 31, 2010. http://www.un.org/apps/news/story.asp?NewsID=34863&Cr=gaza&Cr1. Retrieved June 4, 2010. 
  276. ^ Teibel, Amy; Tia Goldenberg (May 31, 2010). "Israeli police say 16 Gaza activists sent to jail". Associated Press. http://www.google.com/hostednews/ap/article/ALeqM5ioi_0jtO9RjMwPNRoXNCndRPRq3gD9G1TCQ00. [dead link]
  277. ^ Karoline Hoppe (May 31, 2010). "Folkrättsprofessorn: Israel har brutit mot internationell rätt" (in Swedish). DN. http://www.dn.se/nyheter/varlden/folkrattsprofessorn-israel-har-brutit-mot-internationell-ratt-1.1115594. Retrieved June 4, 2010. 
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References with quoted text or translations
  1. ^ Schult, Christoph; Steinvorth, Daniel (June 16, 2010). "Chip im Slip". Der Spiegel. http://www.spiegel.de/politik/ausland/0,1518,700808,00.html. Retrieved June 16, 2010. "Regierungen in aller Welt forderten Israel auf, den Vorfall durch internationale Ermittler klären zu lassen, doch Premier Benjamin Netanjahu wollte davon nichts wissen – und hat nun eine interne Kommission eingesetzt."  (Governments all over the world have urged Israel to have international investigators examine the incident, but Prime Minister Benjamin Netanyahu did not want to hear about this – and has installed an internal commission.)
  2. ^ "Israel asalta la legalidad internacional" (in Spanish). El País. http://www.elpais.com/articulo/internacional/Israel/asalta/legalidad/internacional/elpepuopi/20100601elpepiint_1/Tes. Retrieved June 1, 2010. "Al menos una parte de la versión del Ministerio de Defensa israelí resulta poco creíble: en las otras naves, donde supuestamente nadie opuso resistencia, también hubo heridos, como pudo comprobar este periódico hablando brevemente con algunos de ellos mientras eran ingresados en camilla en un hospital de Ashkelon."  (At least one piece of the account from the Israeli Ministry of Defence is scarcely believable: in the other ships, where nobody apparently offered any physical resistance, there were also some wounded people, as this newspaper was able to verify by briefly talking to some of the passengers when they were being admitted on stretchers to a hospital in Ashkelon.)
  3. ^ Damolin, Mario (June 5, 2010). "Wer nicht weicht, wird aus dem Weg geräumt (Who does not move out of the way is thrust aside)". Frankfurter Allgemeine Zeitung. http://www.faz.net/s/RubB30ABD11B91F41C0BF2722C308D40318/Doc~E349C269DDDB94D7DAC9636A93B191E31~ATpl~Ecommon~Scontent.html. Retrieved June 6, 2010. "Mit gezogenen Waffen gehen sie auf unbewaffnete Zivilisten zu. Wer nicht weicht, wie etwa der große, gemütliche Michalis, ein 65 Jahre alter Kleinunternehmer, wird auf kürzeste Distanz aus dem Weg geräumt. Michalis fällt wie vom Blitz getroffen neben mir um, als ihn Soldat Nr. 14 – alle haben Nummern – aus zehn Zentimetern Entfernung mit der Elektroschock-Pistole anschießt. (With their weapons drawn they approach unarmed civilians. Who does not move out of the way, like e.g. big, jovial Michalis, a 65-year old small-time entrepreneur, is thrust aside within very close distance. Michalis drops to the ground as if struck by lightning as soldier no. 14 – all of them bear numbers – tasers him from a distance of 10 centimeter.)" 
  4. ^ Rößler, Hans-Christian (June 5, 2010). "Holzstöcke zu Eisenstangen (Wooden staves to iron bars)". Frankfurter Allgemeine Zeitung. http://www.faz.net/s/RubB30ABD11B91F41C0BF2722C308D40318/Doc~E9DBECE78EBE94D5D8F5D8796FA48B544~ATpl~Ecommon~Scontent.html. Retrieved June 5, 2010. "Als Anschauungsmaterial für die Gewaltbereitschaft der Aktivisten verbreitete die Armee später Bilder von Holz- und Eisenstangen, Steinschleudern, Murmeln, aber auch Schraubenschlüsseln und einer Reihe von Messern, wie sie in jedem größeren Haushalt zu finden sind. (As a support to the claim that the activists were ready for violence, the army later published images of wooden staves and iron bars, slingshots, marbles, and also of screwdrivers and a set of knives, such as can be found in any larger household.)" 
  5. ^ Wurzel, Steffen (June 1, 2010). "Ab heute ist nichts mehr, wie es war (From today on, nothing is anymore as it used to be)". Tagesschau. http://www.tagesschau.de/ausland/tuerkeiisrael102.html. Retrieved June 4, 2010. "Die türkisch-israelischen Beziehungen sind nach der Militäraktion Israels auf dem Tiefpunkt. "Staatsterrorismus" warf der türkische Ministerpräsident Erdogan Israel vor und sagte in einer Rede vor Parteifreunden voraus: "Ab heute ist nichts mehr wie es war." Von antisemitischen Tönen distanzierte er sich klar. (After Israel's military action, the Turkish-Israeli relations have reached a low. Turkish Prime Minister Erdoğan accused Israel of "state terrorism" and gave as forecast in a speech to party members: "From today on, nothing is anymore as it used to be." He clearly distanced himself though from antisemitical tones.)" 

Further reading

Bayoumi, Moustafa (Editor), (2010) Midnight on the Mavi Marmara: The Attack on the Gaza Freedom Flotilla and How It Changed the Course of the Israeli/Palestine Conflict. Haymarket Books, ISBN 978-1608461219

External links

Wikimedia Commons has media related to: Gaza flotilla clash
Wikinews has related news: Nineteen activists killed by Israeli commandos aboard aid convoy bound for Gaza
Israeli response
Activist response
Retrieved from "http://en.wikipedia.org/wiki/Gaza_flotilla_raid"
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