From Klinghoffer to the Gaza Flotilla

From Klinghoffer to the Gaza Flotilla

by Yvonne Ridley
(Friday, June 4, 2010)

"...according to international law, the actions of the Israeli military were beyond the law and those involved should be treated no differently than, say, the Somali pirates who are also in the habit of boarding ships by force....Any rights to self defense in such dramatic circumstances rests purely with the passengers and crew on board. Under international maritime law you are legally entitled to resist unlawful capture, abduction and detention."

I wonder how many of you remember the hijacking of the Italian cruise ship the Achille Lauro way back in October 1985?

Four members of the Palestine Liberation Front took control of the liner off Egypt as she was sailing from Alexandria to Port Said. It was a bungled operation in which the hijackers killed disabled Jewish-American passenger Leon Klinghoffer and then threw his body overboard.

The incident created headlines around the world and polarized people over the Palestinian cause. It also prompted the law makers to create new legislation making it an international crime for anyone to take a ship by force.

And this is the reason for the brief history lesson – under article 3 of the Rome Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation of 1988, it is an international crime for any person to seize or exercise control over a ship by force, and also a crime to injure or kill any person in the process.

The treaty necessarily adopts a strict approach. One cannot attack a ship and then claim self-defense if the people on board resist the unlawful use of violence.
In other words, according to international law, the actions of the Israeli military were beyond the law and those involved should be treated no differently than, say, the Somali pirates who are also in the habit of boarding ships by force.
Any rights to self defense in such dramatic circumstances rests purely with the passengers and crew on board. Under international maritime law you are legally entitled to resist unlawful capture, abduction and detention.

Continue to read:
http://canada.mediamonitors.net/content/view/full/75081