Israel stops Gaza aid boat, detains Greta Thunberg
Israeli forces have stopped a Gaza-bound aid boat and detained Greta Thunberg and other activists who were on board, enforcing a longstanding blockade of the Palestinian territory that has been tightened during the war with Hamas.
The Freedom Flotilla Coalition (FFC), which had organised the voyage to deliver humanitarian aid to the Gaza Strip and protest Israel's blockade and wartime conduct, said the activists had been "kidnapped by Israeli forces" early on Monday and released pre-recorded messages from them.
"Greta Thunberg has been kidnapped by the Israeli military," it said in an Instagram post.
"The ship was unlawfully boarded, its unarmed civilian crew abducted, and its life-saving cargo - including baby formula, food and medical supplies - confiscated," it said in a statement.
Israel's Foreign Ministry cast the voyage as a public relations stunt, saying in a post on X that "the 'selfie yacht' of the 'celebrities' is safely making its way to the shores of Israel".
It said the passengers would return to their home countries and the aid would be delivered to Gaza through established channels. It later circulated footage of what appeared to be Israeli military personnel handing out sandwiches and water to the activists, who were wearing orange life vests.
Thunberg, a climate campaigner, was among 12 activists aboard the Madleen, which set sail from Sicily on Friday. Along the way, it had stopped on Thursday to rescue four migrants who had jumped overboard to avoid being detained by the Libyan coast guard.
"I urge all my friends, family and comrades to put pressure on the Swedish government to release me and the others as soon as possible," Thunberg said in a pre-recorded message released after the ship was diverted.
Rima Hassan, a French member of the European Parliament who is of Palestinian descent, was also among the volunteers on board. She has been barred from entering Israel because of her opposition to Israeli policies toward the Palestinians.
After a 10 week total blockade aimed at pressuring Hamas, Israel started allowing some basic aid into Gaza last month, but humanitarian workers have warned of famine unless the blockade is lifted and Israel ends its military offensive.
An attempt last month by Freedom Flotilla to reach Gaza by sea failed after another of the group's vessels was attacked by two drones while sailing in international waters off Malta. The group blamed Israel for the attack, which damaged the front section of the ship.
Israel and Egypt have imposed varying degrees of blockade on Gaza since Hamas seized power from rival Palestinian forces in 2007. Critics of the blockade say it amounts to collective punishment of Gaza's roughly two million Palestinians.
Israel sealed Gaza off from all aid in the early days of the war ignited by the Hamas-led attack on southern Israel on October 7, 2023, but later relented under US pressure. In early March, shortly before Israel ended a ceasefire with Hamas, the country again blocked all imports, including food, fuel and medicine.
Hamas-led militants killed around 1200 people, mostly civilians, in the October 7 attack and abducted 251 hostages, more than half of whom have since been released in ceasefire agreements or other deals. Hamas is still holding 55 hostages, more than half of them believed to be dead.
Israel's military campaign has killed more than 54,000 Palestinians, according to the Gaza Health Ministry, which has said women and children make up most of the dead. It doesn't say whether those killed are civilians or combatants.
The war has destroyed vast areas of Gaza and displaced around 90 per cent of the territory's population, leaving people there almost completely dependent on international aid.
with dpa and Reuters
Israeli forces have stopped a Gaza-bound aid boat and detained Greta Thunberg and other activists who were on board, enforcing a longstanding blockade of the Palestinian territory that has been tightened during the war with Hamas.
The Freedom Flotilla Coalition (FFC), which had organised the voyage to deliver humanitarian aid to the Gaza Strip and protest Israel's blockade and wartime conduct, said the activists had been "kidnapped by Israeli forces" early on Monday and released pre-recorded messages from them.
"Greta Thunberg has been kidnapped by the Israeli military," it said in an Instagram post.
"The ship was unlawfully boarded, its unarmed civilian crew abducted, and its life-saving cargo - including baby formula, food and medical supplies - confiscated," it said in a statement.
Israel's Foreign Ministry cast the voyage as a public relations stunt, saying in a post on X that "the 'selfie yacht' of the 'celebrities' is safely making its way to the shores of Israel".
It said the passengers would return to their home countries and the aid would be delivered to Gaza through established channels. It later circulated footage of what appeared to be Israeli military personnel handing out sandwiches and water to the activists, who were wearing orange life vests.
Thunberg, a climate campaigner, was among 12 activists aboard the Madleen, which set sail from Sicily on Friday. Along the way, it had stopped on Thursday to rescue four migrants who had jumped overboard to avoid being detained by the Libyan coast guard.
"I urge all my friends, family and comrades to put pressure on the Swedish government to release me and the others as soon as possible," Thunberg said in a pre-recorded message released after the ship was diverted.
Rima Hassan, a French member of the European Parliament who is of Palestinian descent, was also among the volunteers on board. She has been barred from entering Israel because of her opposition to Israeli policies toward the Palestinians.
After a 10 week total blockade aimed at pressuring Hamas, Israel started allowing some basic aid into Gaza last month, but humanitarian workers have warned of famine unless the blockade is lifted and Israel ends its military offensive.
An attempt last month by Freedom Flotilla to reach Gaza by sea failed after another of the group's vessels was attacked by two drones while sailing in international waters off Malta. The group blamed Israel for the attack, which damaged the front section of the ship.
Israel and Egypt have imposed varying degrees of blockade on Gaza since Hamas seized power from rival Palestinian forces in 2007. Critics of the blockade say it amounts to collective punishment of Gaza's roughly two million Palestinians.
Israel sealed Gaza off from all aid in the early days of the war ignited by the Hamas-led attack on southern Israel on October 7, 2023, but later relented under US pressure. In early March, shortly before Israel ended a ceasefire with Hamas, the country again blocked all imports, including food, fuel and medicine.
Hamas-led militants killed around 1200 people, mostly civilians, in the October 7 attack and abducted 251 hostages, more than half of whom have since been released in ceasefire agreements or other deals. Hamas is still holding 55 hostages, more than half of them believed to be dead.
Israel's military campaign has killed more than 54,000 Palestinians, according to the Gaza Health Ministry, which has said women and children make up most of the dead. It doesn't say whether those killed are civilians or combatants.
The war has destroyed vast areas of Gaza and displaced around 90 per cent of the territory's population, leaving people there almost completely dependent on international aid.
with dpa and Reuters
Israeli forces have stopped a Gaza-bound aid boat and detained Greta Thunberg and other activists who were on board, enforcing a longstanding blockade of the Palestinian territory that has been tightened during the war with Hamas.
The Freedom Flotilla Coalition (FFC), which had organised the voyage to deliver humanitarian aid to the Gaza Strip and protest Israel's blockade and wartime conduct, said the activists had been "kidnapped by Israeli forces" early on Monday and released pre-recorded messages from them.
"Greta Thunberg has been kidnapped by the Israeli military," it said in an Instagram post.
"The ship was unlawfully boarded, its unarmed civilian crew abducted, and its life-saving cargo - including baby formula, food and medical supplies - confiscated," it said in a statement.
Israel's Foreign Ministry cast the voyage as a public relations stunt, saying in a post on X that "the 'selfie yacht' of the 'celebrities' is safely making its way to the shores of Israel".
It said the passengers would return to their home countries and the aid would be delivered to Gaza through established channels. It later circulated footage of what appeared to be Israeli military personnel handing out sandwiches and water to the activists, who were wearing orange life vests.
Thunberg, a climate campaigner, was among 12 activists aboard the Madleen, which set sail from Sicily on Friday. Along the way, it had stopped on Thursday to rescue four migrants who had jumped overboard to avoid being detained by the Libyan coast guard.
"I urge all my friends, family and comrades to put pressure on the Swedish government to release me and the others as soon as possible," Thunberg said in a pre-recorded message released after the ship was diverted.
Rima Hassan, a French member of the European Parliament who is of Palestinian descent, was also among the volunteers on board. She has been barred from entering Israel because of her opposition to Israeli policies toward the Palestinians.
After a 10 week total blockade aimed at pressuring Hamas, Israel started allowing some basic aid into Gaza last month, but humanitarian workers have warned of famine unless the blockade is lifted and Israel ends its military offensive.
An attempt last month by Freedom Flotilla to reach Gaza by sea failed after another of the group's vessels was attacked by two drones while sailing in international waters off Malta. The group blamed Israel for the attack, which damaged the front section of the ship.
Israel and Egypt have imposed varying degrees of blockade on Gaza since Hamas seized power from rival Palestinian forces in 2007. Critics of the blockade say it amounts to collective punishment of Gaza's roughly two million Palestinians.
Israel sealed Gaza off from all aid in the early days of the war ignited by the Hamas-led attack on southern Israel on October 7, 2023, but later relented under US pressure. In early March, shortly before Israel ended a ceasefire with Hamas, the country again blocked all imports, including food, fuel and medicine.
Hamas-led militants killed around 1200 people, mostly civilians, in the October 7 attack and abducted 251 hostages, more than half of whom have since been released in ceasefire agreements or other deals. Hamas is still holding 55 hostages, more than half of them believed to be dead.
Israel's military campaign has killed more than 54,000 Palestinians, according to the Gaza Health Ministry, which has said women and children make up most of the dead. It doesn't say whether those killed are civilians or combatants.
The war has destroyed vast areas of Gaza and displaced around 90 per cent of the territory's population, leaving people there almost completely dependent on international aid.
with dpa and Reuters
Israeli forces have stopped a Gaza-bound aid boat and detained Greta Thunberg and other activists who were on board, enforcing a longstanding blockade of the Palestinian territory that has been tightened during the war with Hamas.
The Freedom Flotilla Coalition (FFC), which had organised the voyage to deliver humanitarian aid to the Gaza Strip and protest Israel's blockade and wartime conduct, said the activists had been "kidnapped by Israeli forces" early on Monday and released pre-recorded messages from them.
"Greta Thunberg has been kidnapped by the Israeli military," it said in an Instagram post.
"The ship was unlawfully boarded, its unarmed civilian crew abducted, and its life-saving cargo - including baby formula, food and medical supplies - confiscated," it said in a statement.
Israel's Foreign Ministry cast the voyage as a public relations stunt, saying in a post on X that "the 'selfie yacht' of the 'celebrities' is safely making its way to the shores of Israel".
It said the passengers would return to their home countries and the aid would be delivered to Gaza through established channels. It later circulated footage of what appeared to be Israeli military personnel handing out sandwiches and water to the activists, who were wearing orange life vests.
Thunberg, a climate campaigner, was among 12 activists aboard the Madleen, which set sail from Sicily on Friday. Along the way, it had stopped on Thursday to rescue four migrants who had jumped overboard to avoid being detained by the Libyan coast guard.
"I urge all my friends, family and comrades to put pressure on the Swedish government to release me and the others as soon as possible," Thunberg said in a pre-recorded message released after the ship was diverted.
Rima Hassan, a French member of the European Parliament who is of Palestinian descent, was also among the volunteers on board. She has been barred from entering Israel because of her opposition to Israeli policies toward the Palestinians.
After a 10 week total blockade aimed at pressuring Hamas, Israel started allowing some basic aid into Gaza last month, but humanitarian workers have warned of famine unless the blockade is lifted and Israel ends its military offensive.
An attempt last month by Freedom Flotilla to reach Gaza by sea failed after another of the group's vessels was attacked by two drones while sailing in international waters off Malta. The group blamed Israel for the attack, which damaged the front section of the ship.
Israel and Egypt have imposed varying degrees of blockade on Gaza since Hamas seized power from rival Palestinian forces in 2007. Critics of the blockade say it amounts to collective punishment of Gaza's roughly two million Palestinians.
Israel sealed Gaza off from all aid in the early days of the war ignited by the Hamas-led attack on southern Israel on October 7, 2023, but later relented under US pressure. In early March, shortly before Israel ended a ceasefire with Hamas, the country again blocked all imports, including food, fuel and medicine.
Hamas-led militants killed around 1200 people, mostly civilians, in the October 7 attack and abducted 251 hostages, more than half of whom have since been released in ceasefire agreements or other deals. Hamas is still holding 55 hostages, more than half of them believed to be dead.
Israel's military campaign has killed more than 54,000 Palestinians, according to the Gaza Health Ministry, which has said women and children make up most of the dead. It doesn't say whether those killed are civilians or combatants.
The war has destroyed vast areas of Gaza and displaced around 90 per cent of the territory's population, leaving people there almost completely dependent on international aid.
with dpa and Reuters
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Can Israel still claim self-defence to justify its Gaza war? Here's what the law says
On October 7, 2023, more than 1000 Hamas militants stormed into southern Israel and went on a killing spree, murdering 1,200 men, women and children and abducting another 250 people to take back to Gaza. It was the deadliest massacre of Jews since the Holocaust. That day, Israeli Prime Minister Benjamin Netanyahu told the country, "Israel is at war". The Israel Defence Forces (IDF) immediately began a military campaign to secure the release of the hostages and defeat Hamas. Since that day, more than 54,000 Palestinians have been killed, mostly women and children. Israel has maintained its response is justified under international law, as every nation has "an inherent right to defend itself", as Netanyahu stated in early 2024. This is based on the right to self-defence in international law, which is outlined in Article 51 of the 1945 United Nations Charter as follows: "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations[...]" At the start of the war, many nations agreed Israel had a right to defend itself, but how it did so mattered. This would ensure its actions were consistent with international humanitarian law. However, 20 months after the October 7 attacks, fundamental legal issues have arisen around whether this self-defence justification still holds. Can Israel exercise self-defence ad infinitum? Or is it now waging a war of aggression against Palestine? Self-defence has a long history in international law. The modern principles of self-defence were outlined in diplomatic exchanges over an 1837 incident involving an American ship, The Caroline, after it was destroyed by British forces in Canada. Both sides agreed that an exercise of self-defence would have required the British to demonstrate their conduct was not "unreasonable or excessive". The concept of self-defence was also extensively relied on by the Allies in the Second World War in response to German and Japanese aggression. Self-defence was originally framed in the law as a right to respond to a state-based attack. However, this scope has broadened in recent decades to encompass attacks from non-state actors, such as al-Qaeda following the September 11, 2001 terror attacks. Israel is a legitimate, recognised state in the global community and a member of the United Nations. Its right to self-defence will always remain intact when it faces attacks from its neighbours or non-state actors, such as Hamas, Hezbollah or the Houthi rebels in Yemen. However, the right of self-defence is not unlimited. It is constrained by the principles of necessity and proportionality. The necessity test was met in the current war due to the extreme violence of the Hamas attack on October 7 and the taking of hostages. These were actions that could not be ignored and demanded a response, due to the threat Israel continued to face. The proportionality test was also met, initially. Israel's military operation after the attack was strategic in nature, focused on the return of the hostages and the destruction of Hamas to eliminate the immediate threat the group posed. The legal question now is whether Israel is still legitimately exercising self-defence in response to the October 7 attacks. This is a live issue, especially given comments by Israeli Defence Minister Israel Katz on May 30 that Hamas would be "annihilated" unless a proposed ceasefire deal was accepted. These comments and Israel's ongoing conduct throughout the war raise the question of whether proportionality is still being met. The importance of proportionality in self-defence has been endorsed in recent years by the International Court of Justice. Under international law, proportionality remains relevant throughout a conflict, not just in the initial response to an attack. The principle of proportionality also provides protections for civilians. Military actions are to be directed at the foreign forces who launched the attack, not civilians. While Israel has targeted Hamas fighters in its attacks, including those who orchestrated the October 7 attacks, these actions have caused significant collateral deaths of Palestinian civilians. Therefore, taken overall, the ongoing, 20-month military assault against Hamas, with its high numbers of civilian casualties, credible reports of famine and devastation of Gazan towns and cities, suggests Israel's exercise of self-defence has become disproportionate. The principle of proportionality is also part of international humanitarian law. However, Israel's actions on this front are a separate legal issue that has been the subject of investigation by the International Criminal Court. My aim here is to solely assess the legal question of proportionality in self-defence and international law. Israel could separately argue it is exercising legitimate self-defence to rescue the remaining hostages held by Hamas. However, rescuing nationals as an exercise of self-defence is legally controversial. Israel set a precedent in 1976 when the military rescued 103 Jewish hostages from Entebbe, Uganda, after their aircraft had been hijacked. In current international law, there are very few other examples in which this interpretation of self-defence has been adopted - and no international consensus on its use. In Gaza, the size, scale and duration of Israel's war goes far beyond a hostage rescue operation. Its aim is also to eliminate Hamas. Given this, rescuing hostages as an act of self-defence is arguably not a suitable justification for Israel's ongoing military operations. If Israel can no longer rely on self-defence to justify its Gaza military campaign, how would its actions be characterised under international law? Israel could claim it is undertaking a security operation as an occupying power. While the International Court of Justice said in an advisory opinion last year that Israel was engaged in an illegal occupation of Gaza, the court expressly made clear it was not addressing the circumstances that had evolved since October 7. Israel is indeed continuing to act as an occupying power, even though it has not physically reoccupied all of Gaza. This is irrelevant given the effective control it exercises over the territory. However, the scale of the IDF's operations constitute an armed conflict and well exceed the limited military operations to restore security as an occupying power. Absent any other legitimate basis for Israel's current conduct in Gaza, there is a strong argument that what is occurring is an act of aggression. The UN Charter and the Rome Statute of the International Criminal Court prohibit acts of aggression not otherwise justified under international law. These include invasions or attacks by the armed forces of a state, military occupations, bombardments and blockades. All of this has occurred - and continues to occur - in Gaza. The international community has rightly condemned Russia's invasion as an act of aggression in Ukraine. Will it now do the same with Israel's conduct in Gaza? On October 7, 2023, more than 1000 Hamas militants stormed into southern Israel and went on a killing spree, murdering 1,200 men, women and children and abducting another 250 people to take back to Gaza. It was the deadliest massacre of Jews since the Holocaust. That day, Israeli Prime Minister Benjamin Netanyahu told the country, "Israel is at war". The Israel Defence Forces (IDF) immediately began a military campaign to secure the release of the hostages and defeat Hamas. Since that day, more than 54,000 Palestinians have been killed, mostly women and children. Israel has maintained its response is justified under international law, as every nation has "an inherent right to defend itself", as Netanyahu stated in early 2024. This is based on the right to self-defence in international law, which is outlined in Article 51 of the 1945 United Nations Charter as follows: "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations[...]" At the start of the war, many nations agreed Israel had a right to defend itself, but how it did so mattered. This would ensure its actions were consistent with international humanitarian law. However, 20 months after the October 7 attacks, fundamental legal issues have arisen around whether this self-defence justification still holds. Can Israel exercise self-defence ad infinitum? Or is it now waging a war of aggression against Palestine? Self-defence has a long history in international law. The modern principles of self-defence were outlined in diplomatic exchanges over an 1837 incident involving an American ship, The Caroline, after it was destroyed by British forces in Canada. Both sides agreed that an exercise of self-defence would have required the British to demonstrate their conduct was not "unreasonable or excessive". The concept of self-defence was also extensively relied on by the Allies in the Second World War in response to German and Japanese aggression. Self-defence was originally framed in the law as a right to respond to a state-based attack. However, this scope has broadened in recent decades to encompass attacks from non-state actors, such as al-Qaeda following the September 11, 2001 terror attacks. Israel is a legitimate, recognised state in the global community and a member of the United Nations. Its right to self-defence will always remain intact when it faces attacks from its neighbours or non-state actors, such as Hamas, Hezbollah or the Houthi rebels in Yemen. However, the right of self-defence is not unlimited. It is constrained by the principles of necessity and proportionality. The necessity test was met in the current war due to the extreme violence of the Hamas attack on October 7 and the taking of hostages. These were actions that could not be ignored and demanded a response, due to the threat Israel continued to face. The proportionality test was also met, initially. Israel's military operation after the attack was strategic in nature, focused on the return of the hostages and the destruction of Hamas to eliminate the immediate threat the group posed. The legal question now is whether Israel is still legitimately exercising self-defence in response to the October 7 attacks. This is a live issue, especially given comments by Israeli Defence Minister Israel Katz on May 30 that Hamas would be "annihilated" unless a proposed ceasefire deal was accepted. These comments and Israel's ongoing conduct throughout the war raise the question of whether proportionality is still being met. The importance of proportionality in self-defence has been endorsed in recent years by the International Court of Justice. Under international law, proportionality remains relevant throughout a conflict, not just in the initial response to an attack. The principle of proportionality also provides protections for civilians. Military actions are to be directed at the foreign forces who launched the attack, not civilians. While Israel has targeted Hamas fighters in its attacks, including those who orchestrated the October 7 attacks, these actions have caused significant collateral deaths of Palestinian civilians. Therefore, taken overall, the ongoing, 20-month military assault against Hamas, with its high numbers of civilian casualties, credible reports of famine and devastation of Gazan towns and cities, suggests Israel's exercise of self-defence has become disproportionate. The principle of proportionality is also part of international humanitarian law. However, Israel's actions on this front are a separate legal issue that has been the subject of investigation by the International Criminal Court. My aim here is to solely assess the legal question of proportionality in self-defence and international law. Israel could separately argue it is exercising legitimate self-defence to rescue the remaining hostages held by Hamas. However, rescuing nationals as an exercise of self-defence is legally controversial. Israel set a precedent in 1976 when the military rescued 103 Jewish hostages from Entebbe, Uganda, after their aircraft had been hijacked. In current international law, there are very few other examples in which this interpretation of self-defence has been adopted - and no international consensus on its use. In Gaza, the size, scale and duration of Israel's war goes far beyond a hostage rescue operation. Its aim is also to eliminate Hamas. Given this, rescuing hostages as an act of self-defence is arguably not a suitable justification for Israel's ongoing military operations. If Israel can no longer rely on self-defence to justify its Gaza military campaign, how would its actions be characterised under international law? Israel could claim it is undertaking a security operation as an occupying power. While the International Court of Justice said in an advisory opinion last year that Israel was engaged in an illegal occupation of Gaza, the court expressly made clear it was not addressing the circumstances that had evolved since October 7. Israel is indeed continuing to act as an occupying power, even though it has not physically reoccupied all of Gaza. This is irrelevant given the effective control it exercises over the territory. However, the scale of the IDF's operations constitute an armed conflict and well exceed the limited military operations to restore security as an occupying power. Absent any other legitimate basis for Israel's current conduct in Gaza, there is a strong argument that what is occurring is an act of aggression. The UN Charter and the Rome Statute of the International Criminal Court prohibit acts of aggression not otherwise justified under international law. These include invasions or attacks by the armed forces of a state, military occupations, bombardments and blockades. All of this has occurred - and continues to occur - in Gaza. The international community has rightly condemned Russia's invasion as an act of aggression in Ukraine. Will it now do the same with Israel's conduct in Gaza? On October 7, 2023, more than 1000 Hamas militants stormed into southern Israel and went on a killing spree, murdering 1,200 men, women and children and abducting another 250 people to take back to Gaza. It was the deadliest massacre of Jews since the Holocaust. That day, Israeli Prime Minister Benjamin Netanyahu told the country, "Israel is at war". The Israel Defence Forces (IDF) immediately began a military campaign to secure the release of the hostages and defeat Hamas. Since that day, more than 54,000 Palestinians have been killed, mostly women and children. Israel has maintained its response is justified under international law, as every nation has "an inherent right to defend itself", as Netanyahu stated in early 2024. This is based on the right to self-defence in international law, which is outlined in Article 51 of the 1945 United Nations Charter as follows: "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations[...]" At the start of the war, many nations agreed Israel had a right to defend itself, but how it did so mattered. This would ensure its actions were consistent with international humanitarian law. However, 20 months after the October 7 attacks, fundamental legal issues have arisen around whether this self-defence justification still holds. Can Israel exercise self-defence ad infinitum? Or is it now waging a war of aggression against Palestine? Self-defence has a long history in international law. The modern principles of self-defence were outlined in diplomatic exchanges over an 1837 incident involving an American ship, The Caroline, after it was destroyed by British forces in Canada. Both sides agreed that an exercise of self-defence would have required the British to demonstrate their conduct was not "unreasonable or excessive". The concept of self-defence was also extensively relied on by the Allies in the Second World War in response to German and Japanese aggression. Self-defence was originally framed in the law as a right to respond to a state-based attack. However, this scope has broadened in recent decades to encompass attacks from non-state actors, such as al-Qaeda following the September 11, 2001 terror attacks. Israel is a legitimate, recognised state in the global community and a member of the United Nations. Its right to self-defence will always remain intact when it faces attacks from its neighbours or non-state actors, such as Hamas, Hezbollah or the Houthi rebels in Yemen. However, the right of self-defence is not unlimited. It is constrained by the principles of necessity and proportionality. The necessity test was met in the current war due to the extreme violence of the Hamas attack on October 7 and the taking of hostages. These were actions that could not be ignored and demanded a response, due to the threat Israel continued to face. The proportionality test was also met, initially. Israel's military operation after the attack was strategic in nature, focused on the return of the hostages and the destruction of Hamas to eliminate the immediate threat the group posed. The legal question now is whether Israel is still legitimately exercising self-defence in response to the October 7 attacks. This is a live issue, especially given comments by Israeli Defence Minister Israel Katz on May 30 that Hamas would be "annihilated" unless a proposed ceasefire deal was accepted. These comments and Israel's ongoing conduct throughout the war raise the question of whether proportionality is still being met. The importance of proportionality in self-defence has been endorsed in recent years by the International Court of Justice. Under international law, proportionality remains relevant throughout a conflict, not just in the initial response to an attack. The principle of proportionality also provides protections for civilians. Military actions are to be directed at the foreign forces who launched the attack, not civilians. While Israel has targeted Hamas fighters in its attacks, including those who orchestrated the October 7 attacks, these actions have caused significant collateral deaths of Palestinian civilians. Therefore, taken overall, the ongoing, 20-month military assault against Hamas, with its high numbers of civilian casualties, credible reports of famine and devastation of Gazan towns and cities, suggests Israel's exercise of self-defence has become disproportionate. The principle of proportionality is also part of international humanitarian law. However, Israel's actions on this front are a separate legal issue that has been the subject of investigation by the International Criminal Court. My aim here is to solely assess the legal question of proportionality in self-defence and international law. Israel could separately argue it is exercising legitimate self-defence to rescue the remaining hostages held by Hamas. However, rescuing nationals as an exercise of self-defence is legally controversial. Israel set a precedent in 1976 when the military rescued 103 Jewish hostages from Entebbe, Uganda, after their aircraft had been hijacked. In current international law, there are very few other examples in which this interpretation of self-defence has been adopted - and no international consensus on its use. In Gaza, the size, scale and duration of Israel's war goes far beyond a hostage rescue operation. Its aim is also to eliminate Hamas. Given this, rescuing hostages as an act of self-defence is arguably not a suitable justification for Israel's ongoing military operations. If Israel can no longer rely on self-defence to justify its Gaza military campaign, how would its actions be characterised under international law? Israel could claim it is undertaking a security operation as an occupying power. While the International Court of Justice said in an advisory opinion last year that Israel was engaged in an illegal occupation of Gaza, the court expressly made clear it was not addressing the circumstances that had evolved since October 7. Israel is indeed continuing to act as an occupying power, even though it has not physically reoccupied all of Gaza. This is irrelevant given the effective control it exercises over the territory. However, the scale of the IDF's operations constitute an armed conflict and well exceed the limited military operations to restore security as an occupying power. Absent any other legitimate basis for Israel's current conduct in Gaza, there is a strong argument that what is occurring is an act of aggression. The UN Charter and the Rome Statute of the International Criminal Court prohibit acts of aggression not otherwise justified under international law. These include invasions or attacks by the armed forces of a state, military occupations, bombardments and blockades. All of this has occurred - and continues to occur - in Gaza. The international community has rightly condemned Russia's invasion as an act of aggression in Ukraine. Will it now do the same with Israel's conduct in Gaza? On October 7, 2023, more than 1000 Hamas militants stormed into southern Israel and went on a killing spree, murdering 1,200 men, women and children and abducting another 250 people to take back to Gaza. It was the deadliest massacre of Jews since the Holocaust. That day, Israeli Prime Minister Benjamin Netanyahu told the country, "Israel is at war". The Israel Defence Forces (IDF) immediately began a military campaign to secure the release of the hostages and defeat Hamas. Since that day, more than 54,000 Palestinians have been killed, mostly women and children. Israel has maintained its response is justified under international law, as every nation has "an inherent right to defend itself", as Netanyahu stated in early 2024. This is based on the right to self-defence in international law, which is outlined in Article 51 of the 1945 United Nations Charter as follows: "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations[...]" At the start of the war, many nations agreed Israel had a right to defend itself, but how it did so mattered. This would ensure its actions were consistent with international humanitarian law. However, 20 months after the October 7 attacks, fundamental legal issues have arisen around whether this self-defence justification still holds. Can Israel exercise self-defence ad infinitum? Or is it now waging a war of aggression against Palestine? Self-defence has a long history in international law. The modern principles of self-defence were outlined in diplomatic exchanges over an 1837 incident involving an American ship, The Caroline, after it was destroyed by British forces in Canada. Both sides agreed that an exercise of self-defence would have required the British to demonstrate their conduct was not "unreasonable or excessive". The concept of self-defence was also extensively relied on by the Allies in the Second World War in response to German and Japanese aggression. Self-defence was originally framed in the law as a right to respond to a state-based attack. However, this scope has broadened in recent decades to encompass attacks from non-state actors, such as al-Qaeda following the September 11, 2001 terror attacks. Israel is a legitimate, recognised state in the global community and a member of the United Nations. Its right to self-defence will always remain intact when it faces attacks from its neighbours or non-state actors, such as Hamas, Hezbollah or the Houthi rebels in Yemen. However, the right of self-defence is not unlimited. It is constrained by the principles of necessity and proportionality. The necessity test was met in the current war due to the extreme violence of the Hamas attack on October 7 and the taking of hostages. These were actions that could not be ignored and demanded a response, due to the threat Israel continued to face. The proportionality test was also met, initially. Israel's military operation after the attack was strategic in nature, focused on the return of the hostages and the destruction of Hamas to eliminate the immediate threat the group posed. The legal question now is whether Israel is still legitimately exercising self-defence in response to the October 7 attacks. This is a live issue, especially given comments by Israeli Defence Minister Israel Katz on May 30 that Hamas would be "annihilated" unless a proposed ceasefire deal was accepted. These comments and Israel's ongoing conduct throughout the war raise the question of whether proportionality is still being met. The importance of proportionality in self-defence has been endorsed in recent years by the International Court of Justice. Under international law, proportionality remains relevant throughout a conflict, not just in the initial response to an attack. The principle of proportionality also provides protections for civilians. Military actions are to be directed at the foreign forces who launched the attack, not civilians. While Israel has targeted Hamas fighters in its attacks, including those who orchestrated the October 7 attacks, these actions have caused significant collateral deaths of Palestinian civilians. Therefore, taken overall, the ongoing, 20-month military assault against Hamas, with its high numbers of civilian casualties, credible reports of famine and devastation of Gazan towns and cities, suggests Israel's exercise of self-defence has become disproportionate. The principle of proportionality is also part of international humanitarian law. However, Israel's actions on this front are a separate legal issue that has been the subject of investigation by the International Criminal Court. My aim here is to solely assess the legal question of proportionality in self-defence and international law. Israel could separately argue it is exercising legitimate self-defence to rescue the remaining hostages held by Hamas. However, rescuing nationals as an exercise of self-defence is legally controversial. Israel set a precedent in 1976 when the military rescued 103 Jewish hostages from Entebbe, Uganda, after their aircraft had been hijacked. In current international law, there are very few other examples in which this interpretation of self-defence has been adopted - and no international consensus on its use. In Gaza, the size, scale and duration of Israel's war goes far beyond a hostage rescue operation. Its aim is also to eliminate Hamas. Given this, rescuing hostages as an act of self-defence is arguably not a suitable justification for Israel's ongoing military operations. If Israel can no longer rely on self-defence to justify its Gaza military campaign, how would its actions be characterised under international law? Israel could claim it is undertaking a security operation as an occupying power. While the International Court of Justice said in an advisory opinion last year that Israel was engaged in an illegal occupation of Gaza, the court expressly made clear it was not addressing the circumstances that had evolved since October 7. Israel is indeed continuing to act as an occupying power, even though it has not physically reoccupied all of Gaza. This is irrelevant given the effective control it exercises over the territory. However, the scale of the IDF's operations constitute an armed conflict and well exceed the limited military operations to restore security as an occupying power. Absent any other legitimate basis for Israel's current conduct in Gaza, there is a strong argument that what is occurring is an act of aggression. The UN Charter and the Rome Statute of the International Criminal Court prohibit acts of aggression not otherwise justified under international law. These include invasions or attacks by the armed forces of a state, military occupations, bombardments and blockades. All of this has occurred - and continues to occur - in Gaza. The international community has rightly condemned Russia's invasion as an act of aggression in Ukraine. Will it now do the same with Israel's conduct in Gaza?
The Advertiser
32 minutes ago
- The Advertiser
Australian protest as activist boat hits Gaza blockade
Protesters have demonstrated outside Anthony Albanese's electorate office after Israel blocked a boat carrying desperately needed aid to Gaza. Climate advocate Greta Thunberg was among a dozen activists on board the Freedom Flotilla Coalition's vessel Madleen when it was intercepted by Israeli forces in the Mediterranean Sea early on Monday. They were prevented from entering the blockaded enclave. Students for Palestine, one of the groups that called for a snap protest at the prime minister's electorate office in Sydney among others around the country, said Australia should expel the Israeli ambassador. "The Madleen crew represent the hopes of all those who stand for humanity against the starvation and bombardment of Gazans, and they must be immediately released," the group's co-convenor Jasmine Duff said on Monday. Carrying placards and umbrellas on a rainy Monday they vocalised their anger and demanded Australia diplomatically increase pressure on Israel. "We call on Anthony Albanese and Penny Wong to immediately expel the Israeli ambassador, cut all military and economic ties with Israel, and pressure Israel to release the illegally kidnapped crew," Ms Duff added. The Sicily-based coalition said the humanitarian boat was "unlawfully boarded, its unarmed civilian crew abducted, and its life-saving cargo - including baby formula, food and medical supplies - confiscated." But the Israeli foreign ministry pointed the finger at Thunberg saying it was a "selfie yacht of celebrities" and those on board would be deported to their home countries. The progressive Jewish Council of Australia also urged Australia to place sanctions on Israel. "The world is watching," the council's executive officer Sarah Schwartz said. "We don't have to be a 'major player' to show our commitment to the basic humanity of Palestinians and be part of the global movement to pressure Israel through sanctions to comply with international law," The lack of food reaching Gaza caused by Israeli aid obstruction is leaving hundreds of thousands of Palestinians "vulnerable to starvation", the United Nations warned earlier in June. More than 54,000 Palestinians have been killed in Israel's ongoing military offensive, according to Gaza health officials. The retaliatory campaign was in response to Hamas militants killing 1200 Israelis and capturing more than 250 hostages in October 2023. Israel has imposed a naval blockade on the coastal enclave since Hamas took control of Gaza in 2007. Protesters have demonstrated outside Anthony Albanese's electorate office after Israel blocked a boat carrying desperately needed aid to Gaza. Climate advocate Greta Thunberg was among a dozen activists on board the Freedom Flotilla Coalition's vessel Madleen when it was intercepted by Israeli forces in the Mediterranean Sea early on Monday. They were prevented from entering the blockaded enclave. Students for Palestine, one of the groups that called for a snap protest at the prime minister's electorate office in Sydney among others around the country, said Australia should expel the Israeli ambassador. "The Madleen crew represent the hopes of all those who stand for humanity against the starvation and bombardment of Gazans, and they must be immediately released," the group's co-convenor Jasmine Duff said on Monday. Carrying placards and umbrellas on a rainy Monday they vocalised their anger and demanded Australia diplomatically increase pressure on Israel. "We call on Anthony Albanese and Penny Wong to immediately expel the Israeli ambassador, cut all military and economic ties with Israel, and pressure Israel to release the illegally kidnapped crew," Ms Duff added. The Sicily-based coalition said the humanitarian boat was "unlawfully boarded, its unarmed civilian crew abducted, and its life-saving cargo - including baby formula, food and medical supplies - confiscated." But the Israeli foreign ministry pointed the finger at Thunberg saying it was a "selfie yacht of celebrities" and those on board would be deported to their home countries. The progressive Jewish Council of Australia also urged Australia to place sanctions on Israel. "The world is watching," the council's executive officer Sarah Schwartz said. "We don't have to be a 'major player' to show our commitment to the basic humanity of Palestinians and be part of the global movement to pressure Israel through sanctions to comply with international law," The lack of food reaching Gaza caused by Israeli aid obstruction is leaving hundreds of thousands of Palestinians "vulnerable to starvation", the United Nations warned earlier in June. More than 54,000 Palestinians have been killed in Israel's ongoing military offensive, according to Gaza health officials. The retaliatory campaign was in response to Hamas militants killing 1200 Israelis and capturing more than 250 hostages in October 2023. Israel has imposed a naval blockade on the coastal enclave since Hamas took control of Gaza in 2007. Protesters have demonstrated outside Anthony Albanese's electorate office after Israel blocked a boat carrying desperately needed aid to Gaza. Climate advocate Greta Thunberg was among a dozen activists on board the Freedom Flotilla Coalition's vessel Madleen when it was intercepted by Israeli forces in the Mediterranean Sea early on Monday. They were prevented from entering the blockaded enclave. Students for Palestine, one of the groups that called for a snap protest at the prime minister's electorate office in Sydney among others around the country, said Australia should expel the Israeli ambassador. "The Madleen crew represent the hopes of all those who stand for humanity against the starvation and bombardment of Gazans, and they must be immediately released," the group's co-convenor Jasmine Duff said on Monday. Carrying placards and umbrellas on a rainy Monday they vocalised their anger and demanded Australia diplomatically increase pressure on Israel. "We call on Anthony Albanese and Penny Wong to immediately expel the Israeli ambassador, cut all military and economic ties with Israel, and pressure Israel to release the illegally kidnapped crew," Ms Duff added. The Sicily-based coalition said the humanitarian boat was "unlawfully boarded, its unarmed civilian crew abducted, and its life-saving cargo - including baby formula, food and medical supplies - confiscated." But the Israeli foreign ministry pointed the finger at Thunberg saying it was a "selfie yacht of celebrities" and those on board would be deported to their home countries. The progressive Jewish Council of Australia also urged Australia to place sanctions on Israel. "The world is watching," the council's executive officer Sarah Schwartz said. "We don't have to be a 'major player' to show our commitment to the basic humanity of Palestinians and be part of the global movement to pressure Israel through sanctions to comply with international law," The lack of food reaching Gaza caused by Israeli aid obstruction is leaving hundreds of thousands of Palestinians "vulnerable to starvation", the United Nations warned earlier in June. More than 54,000 Palestinians have been killed in Israel's ongoing military offensive, according to Gaza health officials. The retaliatory campaign was in response to Hamas militants killing 1200 Israelis and capturing more than 250 hostages in October 2023. Israel has imposed a naval blockade on the coastal enclave since Hamas took control of Gaza in 2007. Protesters have demonstrated outside Anthony Albanese's electorate office after Israel blocked a boat carrying desperately needed aid to Gaza. Climate advocate Greta Thunberg was among a dozen activists on board the Freedom Flotilla Coalition's vessel Madleen when it was intercepted by Israeli forces in the Mediterranean Sea early on Monday. They were prevented from entering the blockaded enclave. Students for Palestine, one of the groups that called for a snap protest at the prime minister's electorate office in Sydney among others around the country, said Australia should expel the Israeli ambassador. "The Madleen crew represent the hopes of all those who stand for humanity against the starvation and bombardment of Gazans, and they must be immediately released," the group's co-convenor Jasmine Duff said on Monday. Carrying placards and umbrellas on a rainy Monday they vocalised their anger and demanded Australia diplomatically increase pressure on Israel. "We call on Anthony Albanese and Penny Wong to immediately expel the Israeli ambassador, cut all military and economic ties with Israel, and pressure Israel to release the illegally kidnapped crew," Ms Duff added. The Sicily-based coalition said the humanitarian boat was "unlawfully boarded, its unarmed civilian crew abducted, and its life-saving cargo - including baby formula, food and medical supplies - confiscated." But the Israeli foreign ministry pointed the finger at Thunberg saying it was a "selfie yacht of celebrities" and those on board would be deported to their home countries. The progressive Jewish Council of Australia also urged Australia to place sanctions on Israel. "The world is watching," the council's executive officer Sarah Schwartz said. "We don't have to be a 'major player' to show our commitment to the basic humanity of Palestinians and be part of the global movement to pressure Israel through sanctions to comply with international law," The lack of food reaching Gaza caused by Israeli aid obstruction is leaving hundreds of thousands of Palestinians "vulnerable to starvation", the United Nations warned earlier in June. More than 54,000 Palestinians have been killed in Israel's ongoing military offensive, according to Gaza health officials. The retaliatory campaign was in response to Hamas militants killing 1200 Israelis and capturing more than 250 hostages in October 2023. Israel has imposed a naval blockade on the coastal enclave since Hamas took control of Gaza in 2007.
West Australian
44 minutes ago
- West Australian
Australian protest as activist boat hits Gaza blockade
Protesters have demonstrated outside Anthony Albanese's electorate office after Israel blocked a boat carrying desperately needed aid to Gaza. Climate advocate Greta Thunberg was among a dozen activists on board the Freedom Flotilla Coalition's vessel Madleen when it was intercepted by Israeli forces in the Mediterranean Sea early on Monday. They were prevented from entering the blockaded enclave. Students for Palestine, one of the groups that called for a snap protest at the prime minister's electorate office in Sydney among others around the country, said Australia should expel the Israeli ambassador. "The Madleen crew represent the hopes of all those who stand for humanity against the starvation and bombardment of Gazans, and they must be immediately released," the group's co-convenor Jasmine Duff said on Monday. Carrying placards and umbrellas on a rainy Monday they vocalised their anger and demanded Australia diplomatically increase pressure on Israel. "We call on Anthony Albanese and Penny Wong to immediately expel the Israeli ambassador, cut all military and economic ties with Israel, and pressure Israel to release the illegally kidnapped crew," Ms Duff added. The Sicily-based coalition said the humanitarian boat was "unlawfully boarded, its unarmed civilian crew abducted, and its life-saving cargo - including baby formula, food and medical supplies - confiscated." But the Israeli foreign ministry pointed the finger at Thunberg saying it was a "selfie yacht of celebrities" and those on board would be deported to their home countries. The progressive Jewish Council of Australia also urged Australia to place sanctions on Israel. "The world is watching," the council's executive officer Sarah Schwartz said. "We don't have to be a 'major player' to show our commitment to the basic humanity of Palestinians and be part of the global movement to pressure Israel through sanctions to comply with international law," The lack of food reaching Gaza caused by Israeli aid obstruction is leaving hundreds of thousands of Palestinians "vulnerable to starvation", the United Nations warned earlier in June. More than 54,000 Palestinians have been killed in Israel's ongoing military offensive, according to Gaza health officials. The retaliatory campaign was in response to Hamas militants killing 1200 Israelis and capturing more than 250 hostages in October 2023. Israel has imposed a naval blockade on the coastal enclave since Hamas took control of Gaza in 2007.
