The assault on an aid flotilla headed for Gaza broke all kinds of laws, but then again, laws have never stopped Israel

 

By Tarik Cyril Amar, a historian from Germany working at Koç University, Istanbul, on Russia, Ukraine, and Eastern Europe, the history of World War II, the cultural Cold War, and the politics of memory

@tarikcyrilamartarikcyrilamar.substack.comtarikcyrilamar.com

FILE PHOTO: Israeli navy soldiers stand guard on board a vessel as they enter Gaza's territorial waters. ©  Uriel Sinai / Getty Images

The long-expected if perfectly criminal has happened again: Israel’s navy has intercepted the Gaza-bound Sumud Flotilla by force, stopping almost 50 boats and, in effect, kidnapping hundreds of their crews and passengers.

In terms of law – which, of course, are never really applied in practice to Israel – everything is exceedingly clear: The Sumud Flotilla was a volunteer operation to bring humanitarian aid to Gaza which has been subjected to Israeli genocide for now almost two years. Israel had a clear obligation to let that aid pass.

But then what to expect from the world’s most aggressive rogue state that is not “only” committing genocide, but also waging regional wars of aggression and running terrorist assassination campaigns in the face of the global public? And Israel has a well-established track-record of this kind of piracy, of course, having stopped several attempts to bring aid by sea since 2010, sometimes with casualties among the humanitarian activists.

Stopping the Sumud Flotilla wasn’t merely criminal but criminal in every regard lawyers can imagine, a typical Israeli super-whopper of legal nihilism: Israel attacked the flotilla ships in international waters where it has no jurisdiction. Even if the ships had gotten closer to the Gaza coast, they would, by the way, still not have been inside any Israeli territorial waters because there are no such waters off Gaza, over which Israel has no sovereignty as clearly confirmed by the International Court of Justice last year. What you find off the coast of Gaza, as a matter of fact, are Palestinian territorial waters.

 

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 Israeli navy intercepts Gaza-bound aid flotilla (VIDEOS)

The blockade of Gaza, which has lasted not “merely” for the duration of the current high-intensity genocide-ethnic cleansing campaign but for close to two decades now, is illegal. Because the blockade has been in place for so long, Israel is simply lying – surprise, surprise – when arguing it is a short-term measure covered by the San Remo rules, which summarize “International Law Applicable to Armed Conflicts at Sea.” And even if those rules applied, under them as well Israel would have to let humanitarian aid through.

Finally, as Israel has attacked ships and citizens belonging to over 40 countries, Israel has committed aggression under international law against all of them and, less obvious but a fact, also crimes under each of these countries’ domestic laws, because they apply on those ships.

So far for the law, but then again, Israel is de facto outside and above the law. That much we have known for a long time. Indeed, Israel could not exist without constantly breaking international law and getting away with it. For Israel, lawlessness and impunity are not luxuries but vital necessities.

The reason why it has been able to exist in this manner is well-known, too: It is protected by the West and, in particular, the US. The latter is Israel’s single worst co-perpetrator, facilitating its crimes like no other state on Earth. Soon, for instance, the recent war of aggression waged by America and Israel together against Iran will probably be followed by a second, even worse assault.

In this regard, what has happened to the Sumud Flotilla has been a test: Clearly, recent moves by various Western governments, including the UK, France, and Australia to “recognize” – in an extremely dishonest manner – a Palestinian state and add some cautious rhetorical criticism of Israel make no difference to their absolute deference in practice to both Israel and its backers in the US.

 

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What seemed like a glimmer of hope for a moment, the appearance of warships from various nations to apparently escort the humanitarian flotilla, has turned into just another humiliation: the escort abandoned their charges well in time to allow Israel a free hand.

The same Western leaders responsible for this cowardly retreat cannot stop waffling about the need not to “reward the aggressor,” when dialing up the war hysteria against Russia, as they have been doing mightily again recently, from mystery drones to declaring unconstitutional states of “not-peace” to chatter of states of emergency.

What about, for once, not rewarding the genocider for a change? But that’s hard, isn’t it? Once all Western governments are accomplices of Israel.

The Sumud Flotilla will not have been the last attempt to break both Israel’s genocidal blockade and its aura of impunity. There is hope, because even in NATO-EU Europe and the US ever more people understand what Israel really is and what it really does: a settler-colonial apartheid state that won’t stop committing genocide and ethnic cleansing. Israel’s systematic campaigns of propaganda and information war are escalating in response, as the case of TikTok has just demonstrated. But even Israel and its American friends cannot reverse history and an experience that the whole world has made. The Gaza Genocide is a fact already. It will not be forgotten. The resistance to Israel will never end.

The statements, views and opinions expressed in this column are solely those of the author and do not necessarily represent those of RT.