Dershowitz on Isreal’s Flotilla Busting

| June 3, 2010

A great piece that I heard him discussing today at lunch on the Smerconish show. (Never listened to Smerconish, but was enroute home to let my puggle out to water the lawn.) My position is EXACTLY the same as his: perfectly legal, also, not the brightest way to handle it.

Although the wisdom of Israel’s actions in stopping the Gaza flotilla is open to question, the legality of its actions is not. What Israel did was entirely consistent with both international and domestic law….

The legality of blockades as a response to acts of war is not subject to serious doubt. When the United States blockaded Cuba during the missile crisis, the State Department issued an opinion declaring the blockade to be lawful. This, despite the fact that Cuba had not engaged in any act of belligerency against the United States. Other nations have similarly enforced naval blockades to assure their own security…

The act of breaking a military siege is itself a military act, and those knowingly participating in such military action put in doubt their status as non-combatants.

It is a close question whether “civilians” who agree too participate in the breaking of a military blockade have become combatants. They are certainly something different than pure, innocent civilians, and perhaps they are also somewhat different from pure armed combatants. They fit uncomfortably onto the continuum of civilianality that has come to characterize asymmetrical warfare.

Seriously, go read it. On the radio Dersh was suggesting that perhaps sending in the IDF with paintball guns (FN 303’s?) wasn’t the way to handle it, that they should have used some other means. He was suggesting some chemicals that make you blow chunks etc. I don’t know about all that, but the international response has been……exactly what one might expect.

Woe be unto Turkey if they actually decide to have their navy escort the next batch of these idiots.

ADDED: I’ve talked before about how I never use FoxNews as a sole source on anything, and they once again prove to me why I can’t trust their reporting.

Second Aid Ship Reportedly Headed Toward Gaza

Note to Fox, there were 6 vessels in the first flotilla, making this the seventh ship.

Category: Politics

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Adirondack Patriot

The Israelis should have never descended into the crowd of passengers. If they refuse to muster on the fantail, disable the vessel.

In this instance, the way to disable the vessel would have been to take two patrol boats and string cable or chain between the two. From the bow position, gear down and allow the cable to slide beneath the hull and foul the screws.

The vessel is no longer a threat to breach the blockade and the next step would have been to call the Turkish Embassy and tell them to collect their derelict garbage barge. It’s a hazard to navigation.

dutch508

It is possible that the Israelis knew this was going to be a political ploy and chose to go ahead anyway with a less than leathal approach. The video of the violence on the ship clearly shows them to be on the recieving end and having to resort to violence to defend their lives.

Not that it’s going to help change any islamic minds, but it will be very hard for Obama to condem Israel while the MSM plays the videos over and over again.

That 2% Jewish vote? Yeha- have Biden talk.

ponsdorf

AP: I agree, but maybe simply declaring it salvage after disabling it would serve the purpose. The thing adrift would be hazard to navigation first, I think?

TSO: It’s worth noting that paintball guns can, and are, loaded with a variety of munitions. I dunno what the Israeli folks were carrying.

Broadly this was a good idea implemented badly.

Adirondack Patriot

Pons: My comment regarding the derelict status was tongue in cheek. To me, the human debris (i.e. the “activists”) on the vessel constitutes garbage. 🙂

ponsdorf

Yeah AP. I got your point. Myself, I would have left the bodies for the ‘passengers’ to enjoy while the thing drifted.

The Israelis were too gentle. Always a failing!

Aside: I have no idea what the currents are in the part of the Med. I do kinda like the idea of the loaded boat drifting back fully loaded to Turkey…

I’ll stick with – A good idea implemented badly.

Invisa-gal

Of course, I feel the need to traverse the subject and get the eagles view here….ever since the alliance of Brazil/Iran/Turkey in the nuclear fuel swap…a great uneasiness has been settling in…only amongst those who value Israel.
While our current administration slowly peels back it’s layer after layer of disdain for Israel, Turkey reveals itself also.
I suppose now would be a good time to suggest we tighten our chinstraps for a most bumpy ride.

Jumlerant

I agree with AP that the vessel should have been disabled but we’re all forgetting one thing here – the other 5 or 6 boats in the flotilla had already been boarded with no resistance at all!

Its a tough call. If they had gone in with one-shot tasers then they would really have had their heads handed to them.

Stun grenades really only work indoors and gas grenades are reliant on the wind so they weren’t left with much choice.

I am however, looking forward to the next flotilla that is due in a few days. World cup v. idiots getting beaten up – which one should I Tivo??