The flotilla presented "no imminent threat but the interception was motivated by concerns about the possible propaganda victory that might be claimed by the organizers of the flotilla." There was no reasonable suspicion that the flotilla posed any military risk, and as a result "no case could be made to intercept the vessels in the exercise of belligerent rights or [UN Charter] Article 51 self-defence."
Not only was the Israeli interception of the flotilla unlawful, "the use of force by the Israeli forces in seizing control of the Mavi Marmara and other vessels was also prima facie unlawful since there was no legal basis for the Israeli forces to conduct an assault and interception in international waters."
Much of the force used by the Israeli soldiers onboard the Mavi Marmara and from the helicopters was "unnecessary, disproportionate, excessive and inappropriate and resulted in the wholly avoidable killing and maiming of a large number of civilian passengers." At least six of the killings, including that of Dogan, can be characterized as "extra-legal, arbitrary and summary executions," which amounted to violations of the right to life and to physical integrity under articles 6 and 7 of the International Covenant on Civil and Political Rights (ICCPR).
During the period of detention on board the Mavi Marmara, the passengers were subjected to cruel and inhuman treatment, which "did not respect the inherent dignity of persons who have been deprived of their liberty."
The Israeli military's treatment of the passengers on board the Mavi Marmara and in certain instances on board the Challenger 1 amounted to torture and cruel, inhuman and degrading treatment and punishment, in violation of articles 7 and 10 of the ICCPR. The willful killing, torture or inhuman treatment and willfully causing great suffering or serious injury to body or health violated article 147 of the Fourth Geneva Convention.
Other violations included the arbitrary or illegal arrests or detentions, in violation of article 9 of the ICCPR and the parading of detainees at the quayside carrying "the hallmarks of a 'triumph'" which amounted to a "humiliating spectacle" in violation of article 13 of the Third Geneva Convention.
Serious incidents of physical violence perpetrated by the Israeli military and/or police officers at the Ben Gurion International Airport "clearly constituted grave violations" of the right to security of the person and to human dignity, in violation of article 9 of the ICCPR. In some instances, the treatment amounted to torture.
The confiscation of a large amount of video and photographic footage recorded on electronic and other media by passengers "represents a deliberate attempt by the Israeli authorities to suppress or destroy evidence and other information."
The ICCPR guarantees the victims judicial remedies and reparations proportionate to the gravity of the violations. Torture victims should be afforded medical and psychological care, and article 9 provides for a specific right to compensation.
"The perpetrators of the more serious crimes being masked cannot be identified without the assistance of the Israeli authorities," the Mission concluded, and urged the Israeli government to assist in their identification.
Israel's Ministry of Foreign Affairs called the UN Human Rights Council a biased commission because it issued the Goldstone Report [PDF] , a 575-page document under the direction of noted Zionist Richard Goldstone, which found Israel guilty of international law violations in its December 2008 - January 2009 war on Gaza. During that war, 1,400 Palestinians and 13 Israelis were killed.
Israel conducted its own investigation of the flotilla attack, known as the Turkel Commission. It refused to take testimony from any of the victims on the vessels.
UN Secretary General Ban Ki-moon also commissioned an investigation, which undertook no primary witness investigation, largely relying on evidence from Israeli officers.
There is no evidence that the United States played any direct role in the attack on the flotilla. However, U.S.-made and U.S.-financed Apache and Blackhawk helicopters, which Israel often employs, were likely used in the assault. Any use of those weapons would violate the Arms Export Control Act, which prohibits any recipient of U.S. arms exports from using U.S. weapons except for security within its own borders or for self-defense.
Israel could not maintain its illegal occupation of the Palestinian territories without the support of the United States. Three weeks after Israel's deadly attack on the flotilla, 329 out of 435 members of the House of Representatives and 87 out of 100 senators wrote letters to President Barack Obama supporting what they called Israel's right to "self-defense."
Obama has failed to condemn Israel's actions on May 31, notwithstanding overwhelming evidence of its illegality. If Iran had attacked a humanitarian flotilla in international waters and killed 9 people, there would be certain retaliation from Washington.
Until our government stands up to the powerful Israel lobby in the United States, the Palestinian people, and our own humanity, will continue to be held hostage.
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