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Posted By Sari Bashi Share

For months, since the contents of the report prepared by a UN panel charged with reviewing the May 2010 Gaza flotilla incident (the Palmer Report) began to appear in news media coverage, it has been clear that the report would not provide a credible legal analysis of the issue that was the reason for the flotilla in the first place -- Israel's closure of Gaza. Instead, the Palmer Committee sought a political outcome -- to facilitate rehabilitation of Israeli-Turkish relations, strained by the killing of nine Turkish citizens by Israeli commandos who boarded their ship as they protested Israel's closure of Gaza. To that end, the Committee offered a compromise: it determined that Israel's naval blockade of Gaza was lawful and that Turkey should have done more to stop the flotilla, but it also found that Israel used excessive force aboard the ship. The proffered solution was an Israeli apology, a compensation fund and the resumption of full diplomatic relations between Israel and Turkey.

The diplomatic upheaval in the wake of yesterday's publication of the report by the New York Times -- a day before it was to be presented to the UN Secretary General -- put an end to hopes that the report would achieve its political goal. Any chance for reconciliation seems lost in the storm of Israel's refusal to apologize and Turkey's decision to downgrade relations with Israel and to pursue international legal action.

In the meantime, Israel's policy of restricting civilian goods and civilians from entering and leaving Gaza has been pushed to the margins of the report and public attention. And so the opportunity for a credible evaluation, by a respected international jurist, of Israel's rights and duties vis a vis residents of Gaza has been missed, too.

In its failed attempt at rapprochement, the Palmer Committee limited the scope of its inquiry to the naval blockade of Gaza, choosing to analyze it in isolation, disconnected from the control Israel exercises over access to Gaza via land and air, access which has been especially restricted since the June 2007 Hamas rise to power. The Committee began its inquiry into the maritime closure of Gaza with Israel's Jan. 3, 2009 declaration of a naval blockade. But, with a brief exception in 2008, Israel has been preventing ships from reaching Gaza's shores continuously since it captured Gaza in 1967, including after its 2005 withdrawal of settlers and permanent military bases from Gaza.

Israel may have declared a naval blockade in 2009, but it has been claiming authority to block ships from reaching Gaza for the past 44 years.

For that reason, many legal scholars believe that it is not the declaration of a naval blockade, but rather the law of occupation that authorizes Israel to prevent ships from reaching Gaza. Had the Committee evaluated the maritime closure in reference to the law of occupation, it likely still would have determined that Israel has the authority to prevent ships from reaching Gaza, but would have noted that such authority creates responsibility to make sure that people and goods are permitted to enter and leave Gaza by other means, subject only to security checks.

In rejecting the possibility of linking the maritime closure to the overall restrictions on transfer of people and goods, the Palmer Committee noted that bringing goods and persons via the sea is not practicable, anyway, because Gaza lacks a deep sea port. But the Committee neglected to mention the reason that Gaza lacks a deep sea port: Israel bombed the site where construction had begun in 2001, and since then, despite a promise made in the 2005 Agreement on Movement and Access, has refused to allow its reconstruction. Blocking ships from reaching Gaza -- including by preventing the construction of a deep sea port -- is an integral part of Israel's enforcement of the overall closure policy.

It is the overall closure policy that was supposed to be the subject of the flotilla, a policy described by the Israeli Justice Ministry as "economic warfare" designed to cripple Gaza's economy by blocking raw materials, export, and any item beyond essential humanitarian supplies. It is the policy that embarrassed Israel when Freedom of Information litigation initiated by the Israeli human rights group Gisha revealed that senior Israeli generals pored over secret lists to determine that cinnamon would be permitted into Gaza but coriander banned, and that prepared hummus would be permitted, but not if seasoned with sesame paste or pine nuts.

Partial easing of the closure was a positive outcome of the flotilla fiasco; in July 2010, Israel canceled restrictions on raw materials and consumer goods entering Gaza. But Israel continues to ban the entrance of construction materials, export of finished goods, and travel of persons between Gaza and the West Bank, blocking economic and social recovery. A positive outcome of the Palmer report -- self-described as forward-looking -- could have been an affirmation of Israel's authority to stop ships linked to a clear statement of the responsibility such authority imposes, namely to allow the free passage of civilians and civilian goods by other means.

It was a Turkish ship that Israel intercepted, but its passengers were protesting a policy that harms 1.5 million civilians in Gaza.

Yes, the Palmer Report recommended that Israel continue "efforts" to ease the closure of Gaza. But the message headlined throughout the Israeli media -- in light of the report's decision not to link the authority to stop ships with responsibility toward civilians harmed as a result -- is that the UN has given its stamp of approval to Israel's closure of Gaza, and that there is therefore no need to lift it.

Sari Bashi is the executive director for Gisha (Legal Center for Freedom of Movement )

AFP/Getty images

 

COLINDALE

7:20 PM ET

September 2, 2011

Executions on the HIgh Seas

The United Nations has now reported that the killings of eight Turkish citizens and one American passenger by Israeli commandos on the Mavi Marmara flotilla sailing to Gaza, were excessive, abusive and brutal. Israel was the attacker and its killings cannot be claimed to have been in self-defence.

The Turkish government has now cut all ties with Israel, as a result, including all military co-operation. So too should the European Union. Where there is no justice and where morality is replaced by abuse and brutality, then democracy is dead and society is corrupted.

It is a tragedy of the 21st century that a state born out of compassion by the UN after WW2 should have embraced brutality as a means to a political end and in the process lost its compass, its humanity and its respect for life and law.

 

MATTHEW

6:45 PM ET

September 6, 2011

Attacking pirates is wrong?

The passengers were attacked by Israel on the high seas.

 

SABABA03

1:23 PM ET

September 10, 2011

Mattew writes

"The passengers were attacked by Israel on the high seas."

Genuine passengers would stop their boat and let the IDF board the boat w/o incident.
Saboteur passengers, ware bullet proof vests, arm themselves with machetes, and attack solders as they board the ship.

Other 5 boats in that flotilla, did not engages with violence - no passenger their was hurt in any way of shape.

 

IDIOTPRAYER84

7:24 PM ET

September 2, 2011

Confirmation bias

The problem with the report was that each side will use the report to confirm their preexisting opinions. Nothing will change until both sides swallow their pride and bury the hatchet.

 

JOHNBOY4546

9:47 PM ET

September 3, 2011

IDIOTPRAYER84

Actually, there is another path: the two sides can take this to the International Court of Justice as a "contentious issue", and allow the court to authoritatively rule on wether the naval blockade of Gaza is legal or not under international humanitarian law.

Turkey has already said it wants to take that path, so I would suggest to you that Israel should agree.

 

JOHNBOY4546

10:33 PM ET

September 6, 2011

NEOLEFTT sures does like to laugh maniacally

I suspect I know the reason why......

"lol, turkey wants it, so Israel should agree"

That statement is a classic example of erecting a straw man.

The original post argued that nothing will be resolved unless the two sides sit down and agree to a joint resolution.

I pointed out (correctly) that this claim is wrong i.e. there is always the alternative of asking an authoritative court to render a LEGAL ruling on this issue i.e. to take this as a "contentious issue" to the International Court of Justice because - du'oh! - that's what the ICJ is for.

NEOLEFTT simply misrepresents the point that I was making i.e. I never suggested that "Israel should agree because turkey wants it", but rather that both Israel and Turkey can seek an AUTHORITATIVE ruling on this matter from the ICJ.

Which is (I assume) something that both sides *should* want to pursue, seeing as how both sides claim that they are totally correct and the other side is utterly wrong.

"well, Israel wants the UN recommendation. Maybe turkey should agree."

And there you have it: in two sentences (the bare minimum for a straw man argument, of course) NEOLEFTT erected his own straw man and then argued against it i.e. he did nothing more than argue with himself.

"Idiot."

Indeed.

 

JRACFORR

2:01 PM ET

September 3, 2011

Lessons for the Mddle East from European History

An observation of European history suggest there is an order in which nations arise, eg
Portugal – 1400, Spain – 1500, Holland – 1600, France – 1700, Britain – 1800. Each nation listed above became a force to be reckoned with, in the century shown. The duration of their glory and the extent of their power varied,but they all arose within a specific order. This is not suggesting these nations did not exist and have an identity before the centuries shown, it simply identify the century within which it's “ Golden Years “ occurred .If in fact the nations of the earth acquire their power according to law, it might be speculated that the geographic location they occupy is also determined by law.. If we compare a map of the Ancient Middle East and Modern Europe it is possible to identify the corresponding geographic regions in both east and west and speculate on their future role in world events. A comparison of these regions lead to the following conclusion.
Saudi Arabia = Italy,
Syria = France
Iraq = Germany
Greece = Britain
Egypt = Spain

This comparison makes it possible to accurately compare events between ancient Roman Civilization and Islamic Civilization as well as between Ancient Mesopotamia and Modern Europe. Both the Italian and Arabian Peninsulas were host to major centers of civilization, which expanded and collapsed in a remarkable similar manner,despite the obvious difference in the style of their governments. Rome was founded in 753 BC and collapsed in 476 AD, following the conquest of it's territory by Germanic tribes, it lasted 1229 years. The Islamic world came to prominence in 632 AD,and crumbled 1200 years later after being colonized by European nations .

The year 2011 is 1379 years from the establishment of the Islamic world in 632 AD. If we add this many years to 743 BC , the founding date of Rome , it gives us 626 AD. This is the date in Roman history that correspond to contemporary Middle East events. At this time in it's history Rome's western provinces were two centuries under the domination of Germanic tribes, one of which the Visigoths lived in the region of Aquitaine and Catalonia on the border of France and Spain. This region correspond to the area of Palestine and the Sinai Peninsula in the Middle East. The arrival of the Visigoths in this region created a degree of instability, initially, but as they integrated with the local population a new ruling class emerged which was acceptable to both peoples. This political compromise endured for almost a century until it was swept away in the Moorish Invasion of 711 AD. By then it had laid the institutions and culture for both, a Catholic Spain and a Protestant Aquitaine in south west France, which were to emerge centuries later.
While a political compromise seem to have worked for the Visigoths in Europe it is highly unlikely that any such compromise is possible in Palestine given the hatred between Jews and Arabs. Despite this however the lessons of history clearly point in that direction

 

JOSSEFPERL

11:12 PM ET

September 3, 2011

Ms. Bashi Contradicts Herself and is Being Dishonest

Ms. Bashi states "it has been clear that the report would not provide a credible legal analysis of the issue that was the reason for the flotilla in the first place " and later that "it determined that Israel's naval blockade of Gaza was lawful and that Turkey should have done more to stop the flotilla." The Palmer committee conducted a legal analysis to reach that conclusion! Ms. Bashi has the right to critisize their legal analysis for a variety of technical reasons, but she presents no basis for her claim that the committee's objective was to "the Palmer Committee sought a political outcome -- to facilitate rehabilitation of Israeli-Turkish relations." This is pure speculation. The fact is that nothing would satisfy the Turkish government or Ms. Bashi, unless the committee found that the blockade was illegal!

 

JOHNBOY4546

12:00 AM ET

September 4, 2011

"The Palmer committee conducted a legal analysis"

Sure. No question.

But here is the kicker: the Palmer report itself accepts that it is not competent to render a legal RULING on this matter, merely to render its own OPINION of the legality of this blockade.

And the reason why it was not competent to RULE (as opposed to opining) on this matter is because Palmer accepts that it did not have all the facts before it, nor did it possess the mandate that it needed to gather those facts.

"This is pure speculation."

No, it is a perfectly reasonably conclusion to draw given the limited mandate under which that committee operated i.e. if that committee was ever intended to give a legal RULING then it would have had much greater powers, and a much wider terms of reference.

 

MATTHEW

6:52 PM ET

September 6, 2011

So you accept the Palmer Report?

If so, then Israel was found to have used excessive force? Do you agree?

And if you agree, how should they pay compensation?

Or will Israel "accept" the Report like it "accepted' the Roadmap--with reservations. And by reservations, I mean pretending to accept the document but then stating that any criticisms of Israel are wrong?

 

JOSSEFPERL

10:14 AM ET

September 7, 2011

In the Mind of the UN and Israel Haters, its Use of Force is

always excessive. "Excessive force" is a subjective assessment when I am supporting the use of force by one side but not by the other. How many UN comissions have been established to investigate the use of force by the US in Iraq or Afganistan? How many commissions have been established to investigate Assad slughtering Syrians? If the blockade was found legal, then the use of force to enforce it was legal. Israel did not wait for the UN but investigated its use of force on its own. That why Israel accepts the report and Turkey does not.

 

NICHOLAS WIBBERLEY

11:57 AM ET

September 4, 2011

Poor Palmer!

Reports of this kind are probably not a good idea. Palmer et al were faced with the impossible task or arbitrating an historical event while navigating a minefield, but they appear to have managed it without blowing up themselves of anyone else; they may have learned a thing or two from Goldstone.

The situation in Ur-Palestine has been allowed to fester to the point where, like flies to a dung heap, it attracts hosts of nut cases and untidy passions. MMCMILLAN employs somewhat provocative oversimplifications but is right that we appear to be approaching the endgame and there is no longer time left for the Zionists to make up the points they have lost, only to go down fighting. If it were chess, they would concede gracefully.

So many Palestinian supporters are taking their places on the benches, they already outnumber the hardcore Zionist faction. If, as I read elsewhere today, the Egyptians are really going to close the smuggling tunnels into Gaza than that will likely create another humanitarian crisis for Al Jazeera at just about the moment Abbas is at the UN making his bid for Palestinian statehood. The real danger is that the Israeli leadership will attempt to do a Gadaffi and fight to the bitter end, and our principal hope against that is that the saner Israelis might take their minds off their housing problems long enough to change their leaders.

I know it is unfashionable to say so, but I have a niggling suspicion Obama has foreseen this stage of the game all along.

 

EGISTUBAGUS

8:49 PM ET

September 5, 2011

UN can not provide clear and justice analisis

do believe that it has been clear that the report from UN would not provide a credible legal analysis of the issue that was the reason for the flotilla in the first place//gliderforbaby, glidersfornursery, littlecastlegliders//, the UN decision that it determined that Israel's naval blockade of Gaza was lawful and that Turkey should have done more to stop the flotilla, it is not fair. it is not bring justice to the humanity. i believe this decision come from the influence USA lobby //beststeamiron, electricteapot, biometricsafe //, //nurserychairs// i hope UN see that israel But Israel to ban gaza the entrance of construction materials, export of finished goods, and travel of persons between Gaza and the West Bank, blocking economic and social recovery. it must be stopglidersfornursery
//gedehumidifier, lgdehumidifier,

 

JOHNRDKIDD

4:03 AM ET

September 7, 2011

The EU should follow Turkey and break ties with Israel

Turkey is a major European state, an important member of NATO and a future member of the EU. Israel is a Middle Eastern state which is, for the present, allowed a trading concession with the European Union by virtue of the EU-Israel Association Agreement. But Israel is and has been in breach of the human rights provision of that agreement for some time and there is the possibility that it will be abrogated.

That Turkey is breaking all military ties with Israel, who is a non-member of NATO, makes good sense, and better security for Europe. The EU should follow suit.

 

ARVAY

6:55 AM ET

September 7, 2011

JOHNRDKIDD, inexorably

. . . Israel is fashioning its own destruction.

By Zionist reasoning, that would make Israel's ongoing suicide an anti-Semitic genocide.

The place is isolating itself faster and faster, and every rebuff is painted as even more evidence that they need to double down on their madness. Very true the old saying that who the gods would destroy they first make mad. The wisdom of a polytheistic culture comments on monotheism gone bonkers.

I'm not sure Turkey needs to join the collapsing EU right now, but Turkey's sanity is a stark contrast to the sold-out behavior of the Tony Blairs of Europe. And their prosperity is a mockery of western decline.

I think eventually, and sooner than later, the geniuses in Tel Aviv will do something that outrages the Europeans to the point where they will drop any remaining support for Israel.

That will leave the US flopping wildly like a beached fish. Already, we have made ourselves a laughing-stock by vetoing a measure that was framed with the very words of our own position on illegal Israeli settlements. And we're set to veto a statehood declaration backed overwhelmingly by the nations of the world.

So far, none of this touches the largely unaware American public.

But we can count on those geniuses of tel Aviv to come through and do what's necessary.

 

ARVAY

8:32 AM ET

September 7, 2011

a modest proposal

this comment hit a so-called "spam filter"

it contains no personal attacks or anything else unacceptable

Incompetence or an Israeli mole?

I'm saving the text

 

ARVAY

8:38 AM ET

September 7, 2011

actually

go here

http://globalspin.blogs.time.com/2011/09/06/turkey-crisis-unconditional-u-s-backing-has-helped-israel-to-isolate-itself/#comment-304143688

 

CLIFFBCALIF

6:00 PM ET

September 7, 2011

A Guarantee

We walked on this earth before your kind came out of the trees ,and when the last of your type dies, we will be here to piss on their graves, presuming we wish to so waste our time.

We have outlasted all of you who have wished our demise. Enjoy the conversation with the long dead Romans and Philistine. No insult meant to the Romans, I am sure they will find better company if there is a hereafter.

 

CLIFFBCALIF

11:26 AM ET

September 7, 2011

The Ottoman Empire Regenerated

Turkey's current radical Islamic government has only one objective--to re-establish the Ottoman Empire with Erdogone I as its new Sultan , and to do so over the bodies of others. They are overextending themselves and will fail. Arabs have no love of Turks, regardless of Erdo's attempt to push himself on them in a fawning manner by using his hatred of Jews / Israel as weapon.

Turkey has a long and ongoing record of persecuting minorities and those peoples it believes are weaker. The vaunted (paper) Turkish army has murdered over 40,000 Kurds over the past three decades whom the Turks are refusing to grant their freedom and attempting to extinguish their culture and language.

Turkish military illegally occupies part of the free country of Cyprus, a member of the EU, and is threatening that country if they continue to develop the natural gas reserves in the sea off their country.

Turkey had stolen the land and other property over the last many decades of the Greek minority living in their country and has driven most of the Greeks from their homes.

Turks murdered over 1,000,000 Armenians in 1917-1918 and arrogantly and stupidly refuse to admit the genocide they carried out.

Lets see, now Turkey is threatening Cyprus, threatening Syria, bombing and killing innocent Kurds in Iraq through cross border attacks into another country, and to show their even handiness they are threatening Israel.

The Turkish Army is body of short term draftees--6 moths to 12 months service, has not engaged in real combat since its defeat in World War I, has no logistical capability worth noting, depends 100% in the US for military supplies, has no nuclear arsenal, its troops are being mauled by the Kurdish freedom fighters in Eastern Turkey and they ridiculously respond by bombing Iraq, etc.

Israel should quietly supply the Kurds with shoulder fired missiles for use against tanks and aircraft, and then watch what happens to the Turkish draftees and their air support on the mountain roads of Western Iraq.

Oh yes, Erdo I, do not forget that Israel has a combat hardened army, a combat hardened Air Force, and nuclear tipped missiles more than capable of eliminating Turkey as an inhabited place. They are not the weak Cypriots Turkey can manhandle with its draftees.

The US should end its military relationship with Turkey until it removes its Islamic fascist government of Erdo I and his buffoon President and declare that Turkey is no longer a m ember of NATO. The EU will never allow an Islamic nation to be part of Europe for all the obvious reasons.

I wonder if Attaturk is rolling over in his grave. Don't worry about Erdo I and Turkey, high mounds of garbage fall by their own weight.

 

TUKADOODLE

12:13 PM ET

September 9, 2011

Sashi is exactly what I giessed.

She is typical lefty ill liberal scum that hates any Jews for money and any cause. She is a PLO lover that promotes Sharia Laws and muslim atrocities blaming anyone they can! This is typical of Muslims and ill liberals just passong on Propaganda as her ” original thoughts. It's typical of ill liberal women as tjr very worst ill linerals on rarth! Remember, jusy cos someone has a ” formal education” it does not make them smart or wise. Formal educations often imhibits reality that too many young pink ill librrals only deny. She makes the case for censorship as its just more cheap, superficial propaganda masquerading as ” insight” and not any real news! It makes the case to BOYCOTT FP as the garbage and diversions are not even close to ” news”, just ersomal ” opinons” written by foreign scum. Write the editor NOW to stop or vote with your power of electrons and EASILY find another more credible source! I just hope you will Google this same article on other sotes like the Weekly Standatd or others regardless if they are ” Righty” or not!

 

TUKADOODLE

12:29 PM ET

September 9, 2011

Try this REAL version of The Palmer Report!

Compare and contrast which artocle is real and which one is foreign Propaganda! Read them carefully and see all the lies of omission the FP intentionally make to mislead. It's the most egregious example of the clear and present dangers ill liberals and ” news” like this! I know it's hard to read the facts, so please read this version before trying to post to this unadulterated garbage that's really just Treason and death worship for ALL the Jews worldwide! Typical ” humanitarians” preaching ” peace and tolerance” while actively promoting Sharia Laws and the Genocide of the Jews!

 

SABABA03

5:46 PM ET

September 11, 2011

ARAVAY vs. ARVAY

just to clarify the 2 names.

Arvay is pro-Israeli
Aravay is against Israel (and Jews). He is the troll here.

 

CARSON

3:44 AM ET

October 2, 2011

Israel is a Middle Eastern

Israel is a Middle Eastern state which is, for the present, allowed a trading concession with the European Union by virtue of the EU-Israel Association Agreement. But Israel is and has been in breach of the human rights best gardening tips provision of that agreement for some time and there is the possibility that it will be abrogated.

 

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