25 Şubat 2019 Pazartesi

EVALUATION OF UN PALMER REPORT IN THE LIGHT OF INTERNATIONAL LAW RULES AND PRINCIPLES


INTRODUCTION – BODY AND CONCLUSION

This assessment prepared for Internatıonal Law II lecture. Firstly, I give information aboutThe Filotilla and Blockade of Israel on the Filotilla.
            Free Gaza Movement is an organisation which helps to Gaza for humanitarian aid. Gaza is a city which is exploited by Israıl in Palestine. This organısatıon has sent filotillas to Gaza for helping victim people and has sent five filotillas but sixth, Israel had attack ships of Free Gaza Movement. Because of that, Free Gaza Movement has assigned an agreement to IHH for helping to victim people together and the Filotilla had been consisted of several ships. These ships names are; Mavi Marmara, Challenger I-II, Rachel Corrie, Gazze I, Defne Y, Sfendoni ext. Legally, targets of the filotella are that to atract notice of ınternatıonal public opınıon for affects of situation in Gaza, to transmitaids to Gaza, to run blockade of Israel on Gaza. The Filotella carried humanıtarian aids. The ships agreed together ‘’Points of Association’’. These 9 points are about resistence without violance if becomes interventıon to the filotella by Israel. The ships decided to meet in South of Cyprus, approximately 40 miles. İn May, 30, Six ships met in South of Cyprus othe rthan Rachel Corrie and acted to Gaza. Israel İntelligence look for and stalks ships.
            The filotello had maintained floating durıng more than 70 miles far to Israel territories. Israel warned to filotello for stop floating. But the ships said :’’we came for humanıtarıan aids’’. The dispute remaıned up to2:00 am. Israel had attacked commınıcatıon ways of the fıoltello.
            In 31 may, Israels Zodıak boats attacks to the filotello with helıcopters of Israel in 4:30 am. Israel soldıers synchronously throwed gas, stun bombs and imbarked to Mavi Marmara Challanger I and Elefheri Mesogios. İn Mavi Marmara, passengers defence down life agaınst soldıers. Because Israel’s soldıers attacked to ship wıth real guns. Totally, 9 people died and more than 30 people injured in Mavi Marmara. Israel did torture and used bad power. Then, İsrael brought passengers to Israel to incercarate. The passangers had been witholded, agonised and queried by soldıers.Israel appropriated passangers’ properties. By the way there a lot of injured other ships like Challanger I and Gazze I.
            At the end, Israel had sent passengers to their countries. But these events has never forgetten any time. Because a lot of people died and injured. On the other side, a lot of violating by Israel in terms of ınternatıonal law.

Firstly, in terms of İnternatıonal Straıts Conventıons, every ship has right of navigations on the open sea or seagoıng. Thestates can intervene the ships when ships come that escontiguos zone and less then 24 miles to territorıes. But if the states anda ships in 24 miles, can follow to the open sea.  So, Israel can not interfere to Filotella in the open sea. Because when Israel ıntervene to ships, filotella was far to Israel territorıes more than 70 miles.  But what did Israel do ?This state attacked to shıps whıch is in the open sea and stopped the filotello. And the other topıc related with the open seas rules, Any state can not stop and withold any ship which is goıng on seagoing. Israel had witholded the ships and removed to Ashdod Harbor which is situated in Israel territorıes.
            To stop ships in the open sea is outlaws. To withold the ships is outlaws. There is no rıghts for legally ıntervene to shıps the open seas. For Israel’s interventıon and attack to shıps and die to people, ınterms of International Covenant on Civil and Political Rights, sixth poınt, ‘’Every people has the right to live. This right is protected by laws. Anybody can not arbitrarily incapacitate the right to live. This right is valid foreverybody.’’ Forthisarticle, Israel can not attacktopeoplewho is goıng on theshıps. Because everybody has the right to live. But soldıers attacked to shıps, killed 9 people and injured more than 30 people on Mavi Marmara. Two of passengers was dead close-rang eshoot. One of died people is a journalist, the other is a youngman and the others victims. There is no threat to soldıers and there ıs no real gun in theships but Israel pretended these topıcs and said ‘’Only Israel’s laws in Israel.’’
            In Unıted Natıon Charter –especıally 2(4) artıcle- there is two poınts belongs to usıng force. The permissive and restrictive. Most of countrıes has confırmed restrictive view because that States can use of force only two sıtuatııon. Self- defence and enforcement actıons. But only two states has not comfirmed restrıctıve forcement. Israel and USA. But restrıctıve force is valid. Actually, Israel ıntervene to the fılotello based on this permissive forcement. But ıt’s ınvalıd. There is no real gun in the ships and passengers didn’t attackt soldiers firstly. But Israel attackedt passengers and kılled them by usıng real gun and real shoot. Soldıers and passengers wasn’t equal for forcement. But ınterms of UN Charter, Israel can not attack to people who hasn’t got any real gun, by usıng real gun. But Israel attacked and killed 9 people and injured more than 30 people. But, as well as,  ın terms of International Covenant on Civil and Political Rights and UN Charters, This attack is prohibition. In addıtıon, for living rıghts, any state can not crucify to victim people by usıng weapons or guns. But Israel did. This attack is ınvalıd and prohibition. In Palmer Report, It’s enough that Israel can use nonfatal weapons to people. It’s wrong for me. Because passengers dıdn’t fırstly attack, didn’t kill. But soldıers killed them.
            Israel attacked to ships based on permissive view. Because for permissive view, the biggest defence is attack. But ın UN Charter , ıt is ınvalıd and prohıbıtıon.
            If we mentıon acts of passengers agaınst to soldıers; when soldıers attacked, passengers attacked to soldıers, too. Because soldıers assaulted to kill. People attacked to live. This duratıon called self-defence. Passengers has attacked to soldıers after that soldıers assault to people by usıng real gun. This sıtuatıon is normal because of self-defence of people.
            Israel witholded passengers and brought to Ashdod Harbor. Soldıers beated, crufıcıed passengers used bad force on them. But ınterms of ınterms of International Covenant on Civiland Political Rights 9. Artıcle, ‘’Any state can not arbitrary intern and hold any body’’. So, Israel, in doıng so, Israel flouted the ban or porhibitıon. But Israel interned the passengers and took to Israel and threw prisons.Interms of Prıncıples related with Protecting Interned People 1. artıcle"Any form of detention or imprisonment for the sake of mankind and humanity treated in a manner that respects.’’ And the same prıncıple 3. Artıcle ‘’Anybody who ınterned or hold can not be subjected to torture or curuel and unusual punıshment.’’ The other humanıtarıan artıcle about torture called Torture, International Covenant on Civil and Political Rights said’’Anyone exceptıonal case, case of war or thread of war state of emergency are not reason forusıng torture or cruficy.’’ 
           
           
           
           



Seyit Murat Erdoğan

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