Hamas, an internationally recognized terrorist organization, has fired over 10,000 rockets and mortars into Israel, deliberately targeting innocent civilians. Were Hamas focused on the welfare of Palestinians rather than its stated goal of destroying Israel, there would be no need for blockade.
The Gaza blockade has been enforced by Israel and Egypt since Hamas’ violent takeover of the Strip in 2007, with the goal of diminishing Hamas’ capacity to produce and procure weapons.
Blockade is a legitimate tool under international law used as an effective naval measure by several Western countries, including the NATO blockade targeting the former Yugoslavia from 1993-1996. According to section 7.7.1 of the US Commander's Handbook on the Law of Naval Operations, the “right of blockade is intended to prevent vessels and aircraft, regardless of their cargo, from crossing an established and publicized cordon separating the enemy from international waters.”
Section 67A of the San Remo Manual on International Law Applicable to Armed Conflicts at Sea clearly states that a country has the right to intercept vessels that 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.”
Maritime blockades are often enforced in international waters. In fact, section 7.7.4 of the US Commander's Handbook on the Law of Naval Operations states that a vessel is considered to be in attempt to breach a blockade from the time it leaves its port with the intention of evading the blockade.
Since the blockade of Gaza began in 2007, Israel has continued to ensure adequate delivery of humanitarian supplies via multiple land crossings on a daily basis. However, Israel is not legally obliged to allow any goods into Gaza that would give Hamas a military or economic advantage.
Despite the blockade, Hamas continues to smuggle massive amounts of military contraband into Gaza to fortify its positions and continue its terrorist operations. Unfortunately, even humanitarian deliveries have been hijacked for this purpose. For example, in 2007 an EU sponsored aid shipment labeled as sugar, instead contained a key component for explosives and missile production.
This example reinforces the need for Israel to inspect all cargo destined for Gaza – even humanitarian aid – to determine that its contents will not be used by Hamas to build up its arsenal. Solidarity flotillas are not exempt.
Noah Shack is the Government Relations Research Associate, Canada-Israel Committee
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