So the leader of the Green party tried to break a known naval blockade and was detained by Israeli forces. Nothing to make it to the headlines of CNN, FOX, ABC or MSNBC. This lack of interest might be due to the fact that Israel did not show any intention of holding the crew for any long period of time or diverting the humanitarian goods that the
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There is no legal basis for maintaining that Gaza is occupied territory. The Fourth Geneva Convention refers to territory as occupied where the territory is of another "High Contracting Party" (i.e., a state party to the convention) and the occupier "exercises the functions of government" in the occupied territory. The Gaza Strip is not territory of another state party to the convention and Israel does not exercise the functions of government-or, indeed, any significant functions-in the territory. It is clear to all that the elected Hamas government is the de facto sovereign of the Gaza Strip and does not take direction from Israel, or from any other state.
So... There is no legal rationale or right to call these people smugglers. If Gaza is officially and legaly recognized by everyone as a sovereign territory, with an elected government, then one does not have to second guess the fact of international laws violation. If - I have to emphasise this, since I don't know this for a fact - if the boat has not been in Israeli waters, then it means that Israel either arrested the boat in the neutral waters, for which it had no right; or entered the water of a sovereign state and arrested a boat, which makes Israeli navy gunship a pirate ship. Well, this is funny! :)
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The last real agreement (not unilateral action by Israel) regarding Gaza status was Oslo accords. It stated that Israel maintains control of borders, air space and territorial waters.
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Just think of this way, US recognizes Cuba as a sovereign state and has sanctions against it. What if US Navy stopped any/all shipments from Europe to Cuba? And called Europeans "smugglers" for bringing toys to Cuban children?
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2)
a) The fact that Israel disengaged from Gaza does not mean that Gaza is a sovereign state.
b) Given that rockets from Gaza are still flying into Israel, blockade is a normal measure in war.
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2a) I am using Israeli official position about Gaza. After disengagement of 2005, Gaza is recognized by Israel (and repeatedly claimed to be) a sovereign state. Entering waters of "sovereign state" is a violation of rights. If Israel government thinks that it is normal, then it should officially acknowledge that it is occupying the territory - both de facto and de juro.
2b) Rockets were flying back and forth. The ceasefire agreement was reached in mid-January, IDF pulled out of the area in the end of January. The war was formaly over at that point.
Seriuosly, do you want to go point by point? I think it is pretty clear. Regardless of how bad Hammas is, the state of the conflict and who killed how many of who, Isreali two-faced Janus position on its occupation of Gaza is obvious and undeniable.
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Israel made public declarations as to its policies, rules, and demands this counts as a declaration of war.
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Anyhow, it might lead to a larger and much more complex discussion. Palestine needs to deal with the internal conflict of power to be suit for any further negotiations with Israel. But it cannot be done due to numerous reasons, and Isreal plays a certain role there as well. I still think that there is hope to reach a sutable agreement. Both sides are exhausted by this situation.
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There some alternative initiatives, like Arab Peace Initiative for instance, that both Hammas and Fatah support, and it most definitely does not call for "complete distruction" of Israel.
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