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| Israel-Palestine-Jordan |
| Relevant Marine Law About Blockades And Contraband |
| 2010-06-02 |
| (San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994) 67. Merchant vessels flying the flag of neutral States may not be attacked unless they: (a) are believed on reasonable grounds to be carrying contraband or breaching a blockade, and after prior warning they intentionally and clearly refuse to stop, or intentionally and clearly resist visit, search or capture... (f) otherwise make an effective contribution to the enemy's military action, e.g., by carrying military materials... Israel fulfilled its obligations under paragraphs 38-46. 46. With respect to attacks, the following precautions shall be taken: (a) those who plan, decide upon or execute an attack must take all feasible measures to gather information which will assist in determining whether or not objects which are not military objectives are present in an area of attack; (b) in the light of the information available to them, those who plan, decide upon or execute an attack shall do everything feasible to ensure that attacks are limited to military objectives; (c) they shall furthermore take all feasible precautions in the choice of methods and means in order to avoid or minimize collateral casualties or damage; and (d) an attack shall not be launched if it may be expected to cause collateral casualties or damage which world be excessive in relation to the concrete and direct military advantage anticipated from the attack as a whole; an attack shall be canceled or suspended as soon as it becomes apparent that the collateral casualties or damage would be excessive. Israel first determined beyond a reasonable doubt that the ship in question was attempting to run a blockade, thus making it subject to detention under the standards shown above. It also took "all feasible precautions in the choice of methods and means in order to avoid or minimize collateral casualties or damage" by boarding the ship with non-lethal weapons, and resorted to deadly force only when subjected to deadly force. |
| Posted by: Anonymoose |