MFA legal expert Sarah Weiss Maudi on the legal aspects of Gaza aid
Ministry of Foreign Affairs 26 May 2010

A maritime blockade has been imposed by Israel off the coast of Gaza because
Israel is currently in a state of armed conflict with the Hamas regime that
controls Gaza.

Transcript:

Interviewer: Today we are with Sarah Weiss Maudi. She is the Israel Foreign
Ministry's expert on maritime and humanitarian law. Sarah, we would like to
ask you a few questions about Gaza. First of all, why is it that Israel can
prevent ships from reaching Gaza?

Ms. Weiss Maudi: The reason why ships can't come into Gaza currently is
because a maritime blockade is currently in effect off the coast of Gaza.
Such a blockade has been imposed by Israel because Israel is currently in a
state of armed conflict with the Hamas regime that controls Gaza. Hamas has
repeatedly bombed civilian targets in Israel proper with weapons that have
been smuggled into Gaza by various routes, including the sea. Under
international maritime law, when a maritime blockade is in effect, no
vessels can enter the blockaded area. That includes both civilian vessels
and enemy vessels. Any vessel that violates or attempts to violate the
maritime blockade may be captured or even attacked. Maritime blockades are a
legitimate and recognized measure under international law, and may be
implemented as part of an armed conflict at sea.

Interviewer: So this is a recognized maritime practice?

Ms. Weiss Maudi: Exactly. Various naval manuals, including the naval manuals
of the US and UK recognize the maritime blockade as an effective naval
measure that can be implemented in times of armed conflict. And those
manuals give various criteria for making a blockade valid, including the
requirement to give due notice of the blockade. Israel, in accordance with
the requirements of international law, has publicized the existence of the
blockade currently in effect and has published the exact coordinates of the
blockade via the accepted international professional maritime channels.

Interviewer: Okay. So this blockade should not surprise anyone.

Ms. Weiss Maudi: Exactly.

Interviewer: Now, let's talk about the transfer of supplies over land. Why
can Israel decide what goes in and what can't?

Ms. Weiss Maudi: In order to answer that question, we need to think about
the events of the past few years.

In 2005, Israel completed its disengagement plan and completely withdrew
from the Gaza Strip, so that no Israeli military or civilian presence
remained in the Gaza Strip. The disengagement plan ended Israel's effective
control of the Gaza Strip after almost 40 years of effective control.

Interviewer: Does this mean that Israel no longer occupies Gaza?

Ms. Weiss Maudi: Exactly. The effective control of Gaza has ended. What
currently exists is a state of armed conflict. What happened after
disengagement was that Israel had hoped that the disengagement would be used
as a springboard for more positive relations with our neighbors in Gaza. But
actually, the opposite occurred and instead of positive relations happening,
the terrorist organization of Hamas seized power in Gaza and stepped up the
rocket and mortar attacks on Israeli communities and towns in Israel proper
adjacent to the Gaza Strip.

Therefore, in light of the Hamas-sponsored attacks on Israeli civilian
targets, Israel undertook a number of measures against the Hamas regime. One
of these measures is the imposition of economic sanctions against the Hamas
regime in Gaza.

Interviewer: Is this a common practice?

Ms. Weiss Maudi: It is a very common practice. Under international law,
every state gets to decide what goes in and out of its borders. Also under
international law, every state gets to decide whether it wants to forge
economic relationships with any entity or state. Similarly, a country has a
sovereign right to decide whether to impose economic sanctions on any enemy
state or entity.

I want to emphasize that this is not an act of collective punishment - the
imposition of economic sanctions. Rather, this is a measure to put pressure
on a regime that is attacking Israel's citizens. Under international law
Israel has a basic right to defend and protect its citizens.

Such economic penalties have been imposed throughout modern history. There
are many examples of bilateral sanctions: the US against Syria, against
Libya, and these policies are imposed as a consequence of certain policies
undertaken by a certain regime. In the international arena these are
considered a legitimate and effective tool to exert pressure on terrorist or
other regimes, such as that of the Hamas terrorist regime.

Interviewer: So how do we make sure that our actions are against the regime,
but not against the citizens?

Ms. Weiss Maudi: Well, Israel has a humanitarian obligation to make sure
that certain vital humanitarian interests are met and that supplies go in.
But I want to emphasize that Israel is under no obligation to supply
non-vital goods or goods that could give Hamas a military or economic
advantage. That is why Israel limits, for example, the supply of concrete
into the Gaza Strip. Concrete could be used to mould rockets. It could be
used to build reinforced bunkers which are clearly for military purposes
against Israel.

I want to emphasize that Israel supplies Gaza with large quantities of
humanitarian supplies. These include baby formula, meat, dairy products,
etc. And in the last year and a half it has supplied Gaza with over a
million tons of goods.

The Israel Supreme Court constantly reviews these supplies to make sure that
Israel is in line with its requirements under both Israeli domestic law and
international law to supply vital civilian goods that are needed. And
indeed, it has confirmed that Israel has been meeting its obligations under
international and domestic law.

Interviewer : Thank you Sarah for helping us understand these issues.

Ms. Weiss Maudi: You're welcome.