Gwen Shlam's Blog: Israeli raid on Gaza flotilla 'was legal'

Raid on Gaza-bound ships in which nine activists was killed was legal, government-appointed Turkel commission concludes

Israel acted within international law and its soldiers opened fire in self-defence during a deadly raid on a Gaza-bound flotilla of aid ships last May that prompted worldwide protests, a government-appointed commission concluded today.

The 280-page report of the Turkel Commission broadly endorsed the Israeli military and government versions of events on 31 May. Witnesses on board the lead ship, the Mavi Marmara, on which nine Turkish activists were killed, vigorously contested the Israeli accounts.

Recep Tayyip Erdogan, the prime minister of Turkey whose relations with Israel reached breaking point after the raid, today rejected the conclusions of the commission, saying it had "no value or credibility".

The report found that Israeli naval commandos were met with violence when they boarded the Mavi Marmara. It identified a key group of about 100 "IHH activists" ? referring to a Turkish organisation that Israel accuses of having links to Hamas, the Islamist organisation that runs Gaza.

"The IHH activists carried out the violence on board the Mavi Marmara by arming themselves with a wide array of weapons, including iron bars, axes, clubs, slingshots, knives and metal objects. These weapons were capable of causing death or serious injury," the report said. The IHH activists used firearms against the soldiers, it added.

"Overall, the IDF [Israeli Defence Forces] personnel acted professionally in the face of extensive and unanticipated violence," it concluded.

It said the IDF's interception and capture of the vessels in the flotilla conformed with international law. The military's use of force also complied with international law in 127 cases, said the report. There were six cases that were inconclusive.

Activists on board the vessels said the Israeli military initiated the violence and used disproportionate force in the ensuing battle.

The commission also found that Israel's naval blockade of Gaza, which the flotilla was attempting to breach, was primarily for security reasons and was imposed lawfully. It added that it did not "constitute 'collective punishment' of the population of the Gaza Strip".

"Israel is complying with the humanitarian obligations imposed on the blockading party, including the prohibition of starving the civilian population or preventing the supply of objects essential for survival," said the report.

Gisha, an Tel Aviv-based rights organisation, said in a statement that "a primary goal of the restrictions, as declared by Israel, was to paralyse the economy in Gaza and prevent its residents from leading normal lives". It challenged the commission's conclusion that restrictions were justified for military reasons.

Israel eased its blockade on Gaza under international pressure in the aftermath of the flotilla raid. However there are still severe restrictions on the import of construction materials, exports and freedom of movement.

After the report's publication, the Turkish foreign ministry said: "Israel's attack against the humanitarian aid convoy, which violated both wartime and peacetime international law, has also trampled all international principles, rules and norms with the manner in which it was conducted."

Sarah Colbourne, of the Palestine Solidarity Campaign, who was on the Marvi Marmara, said: "The facts are simple, the Marvi Marmara was carrying essential humanitarian aid like baby milk to the besieged people of Gaza. There were no guns or weapons on board the boat, we were in international waters, when over 300 bullets rained down on us."

Mark Regev, spokesman for the Israeli prime minister, Binyamin Netanyahu, said: "Israel acted in justifiable self-defence. Our soldiers acted to protect themselves and to protect their country. Then as now, Iran seeks to smuggle lethal weaponry to Hamas in Gaza."

The conclusions of the commission, headed by retired supreme court judge Yaakov Turkel, were endorsed by two international observers, who were appointed after claims that an internal Israeli investigation into the flotilla raid would not be objective.

Former Northern Ireland first minister David Trimble and Brigadier-General Ken Watkin of Canada said in a letter accompanying the report that the commission was independent and rigorous.

Israel intercepted the flotilla in international waters, claiming that the boats could be carrying arms or materials that could be used by militants. The nine casualties were all Turkish citizens, who between them sustained 30 bullet wounds.

Although Israel rebuffed calls for an international investigation, it faced criticism over its choice of commissioners, with critics saying the outcome of the inquiry would be a whitewash.

The Turkel commission will continue to investigate the political decision-making process in the runup to the raid. A second report is expected later this year.

Among those who gave evidence to the commission were Netanyahu, the defence minister, Ehud Barak, and army chief Gabi Ashkenazi. The commission was barred from questioning soldiers.

Gaza flotilla ? inquiries into the raid

Kurkel report part two

The second report from the Turkel Commission, expected later this year, will examine Turkey's involvement in the flotilla, the IHH, and the identities and intentions of participants.

Israeli military

This inquiry reported last July. It found there had been serious mistakes in intelligence and planning but said interception of the flotilla was the military's option open to prevent it reaching Gaza.

UN secretary-general Ban Ki-moon

This panel set up by Ban, co-chaired by the former New Zealand prime minister Geoffrey Palmer and former Colombian president Alvaro Uribe, is still in progress. The Turkel Commission's conclusions will form Israel's submission.

UN human right council

A report from three international experts commissioned by the UNHRC said in September that the raid had been unlawful and resulted in violations of human rights and international humanitarian law. Israel dismissed its findings.

Turkey

Turkey launched its own investigation into the raid which found Israel to be in breach of international law. It has demanded an apology from Israel and compensation paid to the families of the casualties.

Harriet Sherwood

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