C'mon Ubungoubungo dont be slippery like MS. Ehee tuambie hiyo naval blockade (in this case on Gaza) iliwekwa chini ya mamlaka gani ya kimataifa na sheria gani ya kimataifa inayoruhusu nchi kuweka naval blockade dhidi ya nchi nyingine. Tuambie. kama ni UN, sema. kama ni EU sema. Kama ni Israewl yenyewe (yaani unilatreal action) usisite kusema.
Mimi ntakubali meli za wanaharakati zilibreach hiyo naval blockade on Gaza na hivyo kubreach international law iwapo tu kama hiyo blockade iliwekwa kihalali na UN. Vinginevyo ni ubabe tu -- law of thge jungle.
Harakisha jibu na usiwe slippery.
The Legal Doctrine of Blockades
Under the San Remo Manual and the laws that it codifies, blockades are a legitimate tool in armed conflicts. Of particular relevance here, paragraph 98 states that merchant vessels that attempt to run a blockade can be not just boarded but actually attacked, ie fired upon:
98. Merchant vessels believed on reasonable grounds to be breaching a blockade may be captured. Merchant vessels which, after prior warning, clearly resist capture may be attacked.
SECTION II : METHODS OF WARFARE
Blockade
93. A blockade shall be declared and notified to all belligerents and neutral States.
94. The declaration shall specify the commencement, duration, location, and extent of the blockade and the period within which vessels of neutral States may leave the blockaded coastline.
95. A blockade must be effective. The question whether a blockade is effective is a question of fact.
96. The force maintaining the blockade may be stationed at a distance determined by military requirements.
97. A blockade may be enforced and maintained by a combination of legitimate methods and means of warfare provided this combination does not result in acts inconsistent with the rules set out in this document.
98. Merchant vessels believed on reasonable grounds to be breaching a blockade may be captured. Merchant vessels which, after prior warning, clearly resist capture may be attacked.
99. A blockade must not bar access to the ports and coasts of neutral States.
100. A blockade must be applied impartially to the vessels of all States.
101. The cessation, temporary lifting, re-establishment, extension or other alteration of a blockade must be declared and notified as in paragraphs 93 and 94.
102. The declaration or establishment of a blockade is prohibited if:
In addition, under Section IV, paragraph 60 (e)
enemy merchant vessels become a legitimate military target after
refusing an order to stop or actively resisting visit, search or capture;
This is exactly what the Gaza-bound vessels did, thereby rendering themselves military targets.
If one argues that they were not enemy vessels since they were not flying the Hamas flag, they would still be covered under the sections of San Remo regarding neutral vessels:
SECTION V : NEUTRAL MERCHANT VESSELS AND CIVIL AIRCRAFT
Neutral merchant vessels
67. Merchant vessels flying the flag of neutral States may not be attacked unless they:
(a) are believed on reasonable grounds to be carrying contraband or breaching a blockade, and after prior warning they intentionally and clearly refuse to stop, or intentionally and clearly resist visit, search or capture;
(b) engage in belligerent acts on behalf of the enemy;
There is therefore no doubt that Israel was well within its rights to establish and enforce the blockade, including boarding and taking over the Gaza-bound ships in international waters. Israel would even be within its rights to attack such ships if they refused orders to change course away from Gaza. I HOPE THIS HELPS
MKANDARA, AND THAT PERSON SMOKING WEED! ZAK MALANG IS MAD KWASABABU YOU ARE EMPTY! ZAK MALANG, THE SAM REMO MANUAL IS THE MANUAL CONTAINING CUSTOMARY INTERNATIONAL HUMANITARIAN LAW APPLICABLE TO ALL STATES, ITS THE MAJOR GUIDING INSTRUMENT FOR BELLIGERENT PARTIES...