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"A word on the legal position, which is very plain. To attack a foreign flagged vessel in international waters is illegal. It is not piracy, as the Israeli vessels carried a military commission. It is rather an act of illegal warfare.
Because the incident took place on the high seas does not mean however that international law is the only applicable law. The Law of the Sea is quite plain that, when an incident takes place on a ship on the high seas (outside anybody's territorial waters) the applicable law is that of the flag state of the ship on which the incident occurred. In legal term
Originally posted by letscit
This seems extremely cut and dry, and the man stating these laws has some very good credentials and seems to be someone with no hidden agenda.
Appeal to authority is a fallacy of defective induction, where it is argued that a statement is correct because the statement is made by a person or source that is commonly regarded as authoritative. The most general structure of this argument is:
1.Source A says that p is true.
2.Source A is authoritative.
3.Therefore, p is true.
This is a fallacy because the truth or falsity of the claim is not necessarily related to the personal qualities of the claimant, and because the premises can be true, and the conclusion false (an authoritative claim can turn out to be false). It is also known as argumentum ad verecundiam (Latin: argument to respect) or ipse dixit (Latin: he himself said it).
There are therefore two clear legal possibilities.
Possibility one is that the Israeli commandos were acting on behalf of the government of Israel in killing the activists on the ships. In that case Israel is in a position of war with Turkey, and the act falls under international jurisdiction as a war crime.
Possibility two is that, if the killings were not authorised Israeli military action, they were acts of murder under Turkish jurisdiction. If Israel does not consider itself in a position of war with Turkey, then it must hand over the commandos involved for trial in Turkey under Turkish law.
In brief, if Israel and Turkey are not at war, then it is Turkish law which is applicable to what happened on the ship. It is for Turkey, not Israel, to carry out any inquiry or investigation into events and to initiate any prosecutions. Israel is obliged to hand over indicted personnel for prosecution."
As we know a state of war does not exist between Turkey and Israel, not yet at least and that the Israeli government authorized the raid, those responsible, not only in participation but in planning and authorization are technically "war criminals" and subject to extradition to Turkey and punishment under applicable Turkish law.
Refusal on the part of Israel to comply with such procedures would automatically enact NATO provisions requiring military support for Turkey and an immediate blockade of Israel from air and sea.
Originally posted by letscit
as far as the man stating these facts credentials go :Craig Murray is a former British Ambassador. He is also a former Head of the Maritime Section of the Foreign and Commonwealth Office. He negotiated the UK's current maritime boundaries with Ireland, Denmark (Faeroes), Belgium and France, and boundaries of the Channel Islands, Turks and Caicos and British Virgin Is've posted.lands. He was alternate Head of the UK Delegation to the UN Preparatory Commission on the Law of the Sea. He was Head of the FCO Section of the Embargo Surveillance Centre, enforcing sanctions on Iraq, and directly responsible for clearance of Royal Navy boarding operations in the Persian Gulf.
It is rather an act of illegal warfare.