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Friday, 04 June 2010 06:08 |
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[While Israel's military action against the blockade running flotilla was ineptly carried out and the deaths among the group on the Mavi Marmara that attacked the boarding party could probably have been avoided, the widespread claims that the boarding was illegal because it took place on the high seas appear to not be founded in international law. Here is a summary of that law by University of Chicago Law School professor Eric Posner from the June 4, 2010, Wall Street Journal. ]
By Eric Posner
Israel's raid on a fleet of activists bound for the Gaza Strip has led to wild accusations of illegality. But the international law applicable to the blockade eludes the grasp of those in search of easy answers.
The most serious charge is that by seizing control of the flotilla, Israel violated the freedom of ships to travel on the high seas. The basic law here is that states have jurisdiction over a 12-mile territorial sea and can take enforcement actions in an additional 12-mile contiguous zone, according to the 1982 Law of the Sea Convention (which Israel has not ratified, but which is generally regarded as reflecting customary international law). Outside that area, foreign ships can sail unmolested.
But there are exceptions. Longstanding customary international law permits states to enforce publicly announced blockades on the high seas. The Gaza blockade was known to all, and certainly to those who launched the ships for the very purpose of breaking it. The real question is whether the Israeli blockade is lawful. Blockades certainly are during times of war or armed conflict. The U.S.-led coalition imposed a blockade on Iraq during the first Gulf War.
The catch here is the meaning of "armed conflict." Traditionally, armed conflict can take place only between sovereign states. If Gaza were clearly a sovereign state, then Israel would be at war with Gaza and the blockade would be lawful. If, however, Gaza were just a part of Israel, Israel would have the right to control its borders— but not by intercepting foreign ships outside its 12-mile territorial sea or contiguous zone.
Gaza is not a sovereign state (although it has its own government, controlled by Hamas) and is not a part of Israel or of any other state. Its status is ambiguous, and so too is the nature of the armed conflict between Israel and Hamas. Thus there is no clear answer to the question whether the blockade is lawful.
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Sunday, 16 May 2010 20:08 |
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My wife Jennifer drove us to the vet while I held him in my arms. He hated the vet. I always took him, when it was unavoidable, in a cat carrier, and he screamed all the way. Today I held him in my arms instead. He nestled there quietly, holding his head up to look out at a world he last saw almost twenty years ago. Jennifer told them what we wanted. I sat with him quietly, then they called us into one of the exam rooms, took his weight, just a little over seven pounds, to see how much of the drugs they would need. He screamed for the first time when they picked him up and took him into a back room, to insert a catheter into his right front leg. He was silent when they brought him back, thin, with his once beautiful fur an unkempt disordered tangle.
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Thursday, 29 April 2010 17:11 |
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The death of actor Corin Redgrave April 6 produced an outpouring of rather airbrushed eulogies in the British media. Scion of the renowned Redgrave clan, major figures for four generations in British stage, screen, and later television, Corin had made his name in productions of Shakespeare and Noel Coward and appeared in such films as A Man for All Seasons, Excalibur, and Four Weddings and a Funeral. His father was the well-known film actor Michael Redgrave. His two sisters, of course, were Vannessa and Lynn Redgrave. Corin was a lifelong leftist, as is Vanessa. The British media on his death referred vaguely but positively to Corin's fight against injustice. BBC Radio 4 said Corin Redgrave had been "looking at all forms of injustice and oppression" and was "trying to make a better world". In fact Corin Redgrave with his better known sister Vanessa were decades-long members of the Workers Revolutionary Party, a Trotskyist sect run as a mad cult by Gerry Healy.
Observer columnist Nick Cohen takes the prettifiers to task in the April 29 London Standpoint:
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Monday, 19 April 2010 21:49 |
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One of the most disappointing trends in the past several decades has been the enthusiasm of many far left currents and organizations for Third World dictators, right-wing jihadi theocrats, and other such enemies of bearable human societies. I cannot help but recall that it was policies like this by the American government that in my youth drew me to the left in revulsion. The lodestone of this politics is a compass that always points to the United States as the preeminent evil in the world. Running a close second, however, is an obsessive hatred of Israel and by extension the great majority of the comparatively small number of Jews left on the planet, who are sympathetic to the Jewish state. To say this will immediately elicit the outcry, "You supporters of Israel just brand anybody who criticizes Israel as an anti-Semite to stifle any discussion of Israel's crimes."
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Saturday, 20 March 2010 15:52 |
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