Taken from: http://www.zeit.

de/politik/ausland/2011-06/seeblockade-gaza-interview

Gaza convoy Israel cannot and should not let humanitarian ships through
The first attempt ended in bloodshed. Now another humanitarian convoy is headed for Gaza with the aim of breaking the Israeli sea blockade. Israel has no choice but to act, says maritime law expert Heintschel von Heinegg. Hugh Gordon/IDF via Getty Images

Israeli patrol boat in the Mediterranean ZEIT ONLINE: The deployment of Israeli forces in May of last year against a humanitarian convoy headed for Gaza unleashed cries of protest worldwide. Now a second and far larger international convoy is on its way to Gaza a convoy that aims to break Israelis sea blockade of Gaza. Is this blockade even allowable from a legal standpoint? Wolff Heintschel von Heinegg: Well that depends on how you characterize the conflict between Israel and the Palestinians. When jurists come together, they often disagree on this matter. But theres definitely a consensus on one thing namely that what you have here is an armed conflict. Which means that the laws governing such conflicts apply; and under these laws, sea blockades are allowed. ZEIT ONLINE: But doesnt the conflict also have to involve two or more States? W. Heintschel v. Heinegg

 Universitt Viadrina Wolff Heintschel von Heinegg is an international and maritime law expert who teaches at Europa-Universitt Viadrina in Frankfurt. He has also served as an adviser to the Turkel Commission that Israel established in the summer of 2010. The commission has been tasked with determining how and why violence erupted on 31 May 2010 between passengers on the Gaza humanitarian convoy and Israeli soldiers. Heintschel von Heinegg: Right. And the problem is that Palestine is not a State at least not yet which is why many feel that the conflict is not an international armed conflict. And if you take that view, then blockade laws dont apply. But if you take an objective look at the relevant legal analyses, its readily apparent that the basic admissibility of the Israeli blockade has never been called into question. ZEIT ONLINE: You yourself have characterized Israels action against the convoy in 2010 as being perfectly legitimate. Why is that? Heintschel von Heinegg: If a blockade is allowable in this conflict, then its also allowable to take measures to set up such a blockade. Theres only one principle that characterizes a blockade: the principle of effectiveness. In other words, the blockade has to prevent ships from entering or leaving the blockade zone. If the blockade fails to do this even once, it is ineffective and thus immediately becomes legally ineffective as well. ZEIT ONLINE: So this means that when it comes to this blockade, Israel is in a catch-22 situation, right? Heintschel von Heinegg: Right. The Israelis simply cant afford to let any ship through, if they want to prevent another ship from passing through the blockade zone a few hours later. ZEIT ONLINE: The operators of the 2010 humanitarian convoy said right from the outset that the ships were headed for Gaza. Didnt saying this make them subject to criminal prosecution? Heintschel von Heinegg: The mere fact that they set sail for Gaza does not constitute a criminal act. But: if you come out and say, in a public forum, that youre heading to Gaza for the express purpose of breaking the blockade, this is clear evidence of a blockade breaking attempt. And when that happens, the State that has imposed the blockade doesnt need to wait until the ship in question reaches the 20 nautical mile boundary; instead, its got the right to intervene beforehand. Because

the State thats imposing the blockade is not only entitled but also duty bound to maintain its blockade. ZEIT ONLINE: What do you think the people onboard the current humanitarian convoy are going to be facing? Heintschel von Heinegg: Any ship that actually breaks the blockade simply has to reckon with the fact that that military force is going to be used against them. Plus the State thats imposing the blockade is under no obligation to wait until someone actually crosses the blockade line. All that has to happen is for there to be clearly discernible intent in which case measures can be taken long before the blockade line is crossed. ZEIT ONLINE: What form could or should such measures take? Heintschel von Heinegg: Normally such measures unfold without any major problems. The State imposing the blockade stops the vessel, orders it to proceed to a specific port, inspects the ships cargo, and then turns the matter over to the courts. But if theres resistance to the measures taken by the State thats imposing the blockade, then this State needs to quell this opposition. Which means that any attempt to evade the blockade or the forces enforcing it needs to be met with reasonable force.