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-   -   Report: Israel attacks flotilla, 10 die (https://www.subsim.com/radioroom/showthread.php?t=170397)

Molon Labe 05-31-10 10:40 AM

Quote:

Originally Posted by Bilge_Rat (Post 1407596)
actually the law of the sea has never been that clear:

http://www.slate.com/id/1007689

While I agree that the law of the sea isn't always clear, this article demonstrates the USCG complying with the terms of UNCLOS and supports the proposition that Israel was in the wrong if it boarded a ship in international waters.

Quote:

When a suspicious vessel is identified at sea, the Coast Guard notifies the State Department, which then gets permission from the vessel's flag nation for the Coast Guard to board. (In the rare instances when permission is denied, the Coast Guard will generally monitor the vessel as it approaches U.S. territory.)

OneToughHerring 05-31-10 10:44 AM

Quote:

Originally Posted by Weiss Pinguin (Post 1407602)
There's a difference between hating people who believe something and hating what they believe. I think for Skybird it's the latter, but I can't speak for him.

What difference does it make in actuality? And it does seem like you are in fact trying to speak for him, really.

TLAM Strike 05-31-10 10:45 AM

Quote:

Originally Posted by Molon Labe (Post 1407585)
I don't think boardings in the EEZ are legal. I think it has to be territorial waters.

Maybe the rules are a little bit different in a blockade zone...but, I'm guessing for such a blockade to officially exist in international waters there would have to be a UNSCR resolution under Chapter VII, and without such a resolution a state would be best to keep the blockade in territorial waters.

Yes they can.

If the ship is suspected of carrying drugs it can be, unless the the country whose flag that the suspected ship is flying has no agreement with the country whose vessel wishes to conduct the search.

If they are suspected of doing something against the countries law governing its EEZ it can be bordered.

Quote:

Article73
Enforcement of laws and regulations of the coastal State
1. The coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with this Convention.
2. Arrested vessels and their crews shall be promptly released upon the posting of reasonable bond or other security.
3. Coastal State penalties for violations of fisheries laws and regulations in the exclusive economic zone may not include imprisonment, in the absence of agreements to the contrary by the States concerned, or any other form of corporal punishment.
4. In cases of arrest or detention of foreign vessels the coastal State shall promptly notify the flag State, through appropriate channels, of the action taken and of any penalties subsequently imposed.
They had authority to board them, authority to inspect and make sure they were not dumping ballast or waste water illegally etc. They were then attacked and responded.

If they found weapons or other good illegal in Territorial waters but not in the EEZ then its get iffy, they probably couldn't impound them until they sailed closer to shore. But they would know they were there, unless the crew tossed them over the side, either way the goods don't get past the blockade.

Quote:

Jack Ryan: Maybe it's enough then just to get some people onboard and inspect it. Call it whatever
you want to... a Coast Guard safety inspection.

GoldenRivet 05-31-10 10:50 AM

Quote:

Originally Posted by OneToughHerring (Post 1407616)
What difference does it make in actuality? And it does seem like you are in fact trying to speak for him, really.

he is only giving his opinion as to what he thinks skybird means, he isnt speaking for anyone.

and it makes a substantial difference whether or not the ship was attacked in international waters or in domestic waters.

Quote:

Originally Posted by TLAM Strike (Post 1407617)
Yes they can.

If the ship is suspected of carrying drugs it can be, unless the the country whose flag that the suspected ship is flying has no agreement with the country whose vessel wishes to conduct the search.

If they are suspected of doing something against the countries law governing its EEZ it can be bordered.

im no expert on maritime law... but i would assume this to be the case

OneToughHerring 05-31-10 10:59 AM

Quote:

Originally Posted by GoldenRivet (Post 1407622)
he is only giving his opinion as to what he thinks skybird means, he isnt speaking for anyone.

Skybird should be able to defend his own xenophobic views. It's pretty lame if you guys need to help him along, and stuff.

Molon Labe 05-31-10 11:01 AM

Quote:

Originally Posted by TLAM Strike (Post 1407617)
Yes they can.

If the ship is suspected of carrying drugs it can be, unless the the country whose flag that the suspected ship is flying has no agreement with the country whose vessel wishes to conduct the search.

If they are suspected of doing something against the countries law governing its EEZ it can be bordered.

They had authority to board them, authority to inspect and make sure they were not dumping ballast or waste water illegally etc. They were then attacked and responded.

If they found weapons or other good illegal in Territorial waters but not in the EEZ then its get iffy, they probably couldn't impound them until they sailed closer to shore. But they would know they were there, unless the crew tossed them over the side, either way the goods don't get past the blockade.

You're highlighting the wrong part of that article. Inspections in the EEZ are authorized only for limited purposes," in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone." There is no EEZ issue for a bunch of protestors headed to a blockade zone.

Here's another UNCLOS quote for you:
Quote:

Article 58
Rights and duties of other States
in the exclusive economic zone


1. In the exclusive economic zone all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.
Article 87 is freedom of the high seas, including freedom of navigation.

Quote:

Article 110
Right of visit


1. Except where acts of interference derive from powers conferred by treaty, a warship which encounters on the high seas a foreign ship, other than a ship entitled to complete immunity in accordance with articles 95 and 96, is not justified in boarding it unless there is reasonable ground for suspecting that:
  1. the ship is engaged in piracy;
  2. the ship is engaged in the slave trade;
  3. the ship is engaged in unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109;
  4. the ship is without nationality; or
  5. though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship.

In the EEZ, you can add an f. (the subsim board converted the letter bullets to number bullets above) to this for ensuring it isn't exploiting exclusive resources. Nothing here is applicable in the instant case.

GoldenRivet 05-31-10 11:12 AM

Quote:

Originally Posted by OneToughHerring (Post 1407627)
Skybird should be able to defend his own xenophobic views. It's pretty lame if you guys need to help him along, and stuff.

I'm sorry, we're not trying to help him defend...

... We're trying to help you understand. With quite a bit of futility I might say.

I thought you were ignoring me?

Stick me on your ignore list, I guess I'll be #3 on that list... right next to logic and reason (giving you a ribbing there in case you don't see it)

TLAM Strike 05-31-10 11:13 AM

Quote:

Originally Posted by Molon Labe (Post 1407634)
You're highlighting the wrong part of that article. Inspections in the EEZ are authorized only for limited purposes," in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone." There is no EEZ issue for a bunch of protestors headed to a blockade zone.

The Isrealis could easily claim they suspected the ship of dumping waste or what not, a violation of the "Conserve" part of the UNCOLS, "legally" board under that pretext to search for weapons.

MH 05-31-10 11:15 AM

The story is really simple.It was a planed provocation by so called peace activist which was created to achieve exactly this kind of outcome.
The Israeli solders did not expect to be attacked by angry mob of hundreds of people armed with iron clubs and Molotov cocktails.
So even thou the soliders are the best trained we have here they had to protect them selves.Imagine just all those people charging at you to beat you to death.
We had here cases of civilians and solders who by mistake entered Palestinian viliges and got literally teared apart by mob.
I know that no matter what i say (some)you will always think that we here bomb the Palestinians just for fun and because we simply hate them but the truth is very far from this.
Last time we tried to make peace with them and we let in PLO government to Gaza an Rammalh with no restrictions we had a bus full of civilians exploding every week in Jeusalem.
When we left Gaza aeria we had Katusha rockets failing every day on our cites.So we retaliated with real force after 2 years of this bombardment.
Needles to say every body was outraged how come we use such a force against poor Palestinians even thou the civilian casualties where minimal considering the scope of this military operation.
I as someone who served in IDF must say that the last thing that Israeli solders want is to kill innocent civilians.
And we are brainwashed to avoid it at all coast.
Also considering our European history we are against it morally.
You need also to understand that you cant fight cleanly against terrorist who are ready to use any dirty treak to achieve his goal.
We are here in kind of catch 22 situation....

OneToughHerring 05-31-10 11:31 AM

According to sources Henning Mankell was among the people who were shot. No info on his condition though. This is becoming kinda surreal.

For those who don't know who Henning Mankell is, he is a Swedish writer. Mostly crime novels.

L.T 05-31-10 11:36 AM

Any ship attacked in international waters have the right to deffend them self.

Whats right and whats wrong in the specific situation i dont care about.

They were boarded they have the right to deffend, like it or not....i dont like it but its there right...

all Israel had to do was to wait until national waters......

If Israel are alowed to do this, i will use my new right to start some boarding my self...

And in court i will deffend my self with "if they are alowed im alowed"

Bilge_Rat 05-31-10 11:43 AM

trying to focus on the legality or legal justification of Israeli actions is probably fruitless. The law of the sea has always been nebulous and subject to interpretation by the stronger naval powers, especially when you are dealing with a blockade.

The U.S. decreed a naval blockade of 500 miles around Cuba in 1962. The U.S. Navy enforced a naval blockade of the CSA in 1861-65. The USCG used to regularly intercept, search and turn back in international waters boats carrying Haitian refugees.

The Royal Navy enforced a strict naval blockade around napoleonic europe and used to search all vesels sailing to and from Europe, including US vessels. This was one of the causes of the war of 1812.

Ultimately a Blockade is an act of war. Israel has decreed a naval blockade of Gaza, set out the rules and enforces it with its navy. Other countries can choose to respect the blockade or go to war with Israel.

OneToughHerring 05-31-10 11:48 AM

Quote:

Originally Posted by Bilge_Rat (Post 1407671)
trying to focus on the legality or legal justification of Israeli actions is probably fruitless. The law of the sea has always been nebulous and subject to interpretation by the stronger naval powers, especially when you are dealing with a blockade.

Except of course when it's about Somali pirates, then Bilge Rat will be nowhere around saying things like "The law of the sea has always been nebulous..." etc.

Dowly 05-31-10 11:52 AM

Quote:

Originally Posted by Wamiduku (Post 1407573)
Just want to get things clarified: Does this mean that it's not OK to hate someone because he/she was born in a black family, while it's perfectly OK to hate someone because he/she is born in a muslim family? I fail to see why one type of bigot should be better than the other.

Well that was a nice first post. :DL

Weiss Pinguin 05-31-10 11:53 AM

Quote:

Originally Posted by OneToughHerring (Post 1407677)
Except of course when it's about Somali pirates, then Bilge Rat will be nowhere around saying things like "The law of the sea has always been nebulous..." etc.

I always thought the law when it came to pirates was "Hang 'em all"... Unless you're Russia, and then it's 'Set 'em all adrift' ;)


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