What is all this flotilla business?
https://kbowman274.substack.com/.../what-is-all-this...
The Gaza Flotilla and the Law of the Sea
In August, a group of 42 boats filled with humanitarian aid for Gazans—people trapped in a war zone with almost no access to food, water, energy, or medical supplies—set sail from Spain, bound for Gaza. After a month of sailing they began to approach the Gazan coast. Over several days starting on October 1, every vessel was intercepted by Israel, the last on Friday, roughly 42 nautical miles off the Gazan coast, in international waters.
The passengers on these ships—citizens of the UK, US, Italy, Jordan, Kuwait, Libya, Algeria, Mauritania, Malaysia, Bahrain, Morocco, Switzerland, Tunisia, and Turkey—were detained by Israeli authorities and are now being deported. Israel reported that all detainees were in good health. The detainees themselves, however, alleged mistreatment, including beatings, deprivation of food, and psychological pressure such as being forced to watch footage of the October 2023 Hamas attack. Israel strongly denies these claims.
A Long History of Interceptions
This is far from the first time a flotilla—defined as a small fleet of ships—has clashed with Israel while attempting to deliver aid to Gaza. Since 2008, various groups have launched ships in an effort to break the Israeli blockade. A few early attempts succeeded, but since 2010, Israel has consistently intercepted aid vessels in international waters.
The most infamous of these incidents occurred on May 31, 2010, when Israeli commandos stormed the Mavi Marmara, the largest of six ships carrying 10,000 tons of aid to Gaza. The raid, conducted in international waters, left nine activists dead and over 30 wounded.
Five separate investigations examined the 2010 Gaza Flotilla incident—the Eiland Committee, the Turkel Committee, the Turkish Committee, the UN Human Rights Council Committee, and the UN Secretary-General’s Committee. Only the Secretary-General’s Committee concluded that Israel’s actions were legal.
Subsequent flotillas in 2011, 2012, 2015, 2016, and 2018 were intercepted as well, though none resulted in the same level of violence.
Renewed Activism in 2025
In the past year, activists have again stepped up efforts to deliver desperately needed aid to Gaza.
May 2025: The vessel Conscience was reportedly struck twice by armed drones off Malta’s coast while preparing to sail. Israel’s involvement was never confirmed.
June 2025: The Madleen, carrying aid and activists including Greta Thunberg, was intercepted by Israeli forces in international waters. The crew was detained and deported.
July 2025: The vessel Handala was intercepted and its crew arrested.
October 2025: More than 40 civilian vessels—the Global Sumud Flotilla—were intercepted by the Israeli Navy. Hundreds of activists were detained, sparking protests and diplomatic tensions.
The Blockade: Legal and Moral Dimensions
Israel has controlled Gaza’s land, sea, and air space since occupying the territory in 1967. While the Oslo Accords allowed for a Gaza airport and seaport, both were destroyed by Israel in 2000–2001. In practice, Israel has permitted passage only by land—and under heavy restrictions.
Although Israel formally declared a “naval blockade” in 2009, it has effectively imposed maritime control since 1967. The declaration itself changed little operationally, but it reframed the situation under a legal doctrine of blockade—providing a legal justification for actions at sea.
Is the Blockade Legal?
A naval blockade is not inherently illegal under international law. However, it must meet specific conditions derived from customary international law, much of which is summarized in the 1994 San Remo Manual.
Four main criteria determine a blockade’s legality:
Formal Declaration: It must be publicly declared and notified to all neutral states.
Effective Enforcement: It must actually prevent access to the enemy’s coast.
Impartial Application: It must be applied equally to all ships, regardless of flag.
Humanitarian Provisions: It must allow for essential humanitarian aid.
Israel’s blockade may satisfy the first two criteria, but it fails the last two. It is not applied impartially, and it blocks humanitarian aid—amounting to collective punishment, which is prohibited under international law. The UN Human Rights Council reached the same conclusion in 2011.
The Law of the Sea and the 2025 Flotilla
When the Global Sumud Flotilla approached Gaza’s waters on October 1, 2025, the Israeli Navy intercepted all vessels roughly 70–75 nautical miles off the coast—well within international waters.
International law guarantees freedom of navigation on the high seas, codified in both the 1958 Convention on the High Seas (to which Israel is a party) and the 1982 UN Convention on the Law of the Sea (UNCLOS). These conventions establish that:
The high seas are open to all states.
Navigation must remain free and peaceful.
No state may claim sovereignty over any part of the high seas.
A vessel on the high seas is subject only to the jurisdiction of its flag state.
Exceptions exist for piracy, slave trading, drug trafficking, unauthorized broadcasting, or stateless vessels—but none of these apply to the civilian aid flotilla. Nor was there any UN Security Council authorization or “hot pursuit” justification.
In short, Israel’s interception of the flotilla violates international maritime law and the broader principle of freedom of navigation.
Why This Matters
It’s tempting to dismiss the flotilla as a symbolic gesture—an advocacy mission that was never likely to reach Gaza’s port. But legality matters, even when the outcome seems predictable.
International law exists to protect us all: our trade routes, our fishermen, our economies, and our security. When powerful states disregard these laws—and the international community fails to respond—those norms begin to erode.
Freedom of navigation on the high seas is one of the oldest and most essential principles of international law. Its violation in the name of blockade or security should alarm us all.
