Gaza Flotilla Incident Case

Summary:1The facts:—On 31 May 2010, Israeli armed forces took action, on the high seas, against six vessels of the so-called Gaza flotilla, including, in particular, the Comoros-flagged vessel Mavi Marmara, in order to enforce the Israeli naval blockade of the Gaza Strip. Israel's attempt to board the Mavi Marmara met with significant armed resistance and in the course of the resulting violence nine people were killed and at least 55 injured.

A criminal complaint was lodged with the Federal Prosecutor General against unknown members of the Israel Defense Forces by three German nationals who, together with at least seven more German nationals, were on

The Gaza Strip, previously under Egyptian administration, was occupied by Israel following the Six Day War of June 1967. From then until 1982, the Gaza Strip was administered, initially by Israeli military commanders and, subsequently, by a “Civil administration” established by the Israeli armed forces. The Gaza Strip then became, together with the other occupied territories, the object of the Oslo I (1993) and the Gaza–Jericho (1994) agreements, entrusting various degrees of administrative responsibility to the newly created Palestinian Authority. The Oslo II Accord (1995) integrated these two agreements and provided a new treaty basis for Israeli–Palestinian relations. As part of its implementation, Israel Defense Forces retreated from the Gaza Strip, except for the location of Israeli settlements, main access routes to these settlements, and military installations along the southern border of the Gaza Strip with Egypt.

In September 2000, an uprising of the population in the Gaza Strip and the West Bank began. This violence, in view of a first uprising having occurred during 1987 and 1993, became widely referred to as the Second Intifada. It included cross-border rocket attacks from the Gaza Strip and Israeli military reactions. By December 2008, the conflict had resulted in the death of 5,500 Palestinians (593 of whom were killed as a result of intra-Palestinian violence), 1,062 Israelis and 64 foreigners.

In October 2004, the Knesset endorsed the Israeli Government's “Disengagement Plan” involving dismantling the Israeli settlements in the Gaza Strip and the withdrawal of Israel's security forces. The implementation of the plan was completed by September 2005. Beyond that date, Israel continued to exercise control over the borders, coastline and airspace of the Gaza Strip.

By June 2007, the Hamas organization established control over the Gaza Strip. It operated through a political bureau that directed its military wing, which consisted of various paramilitary units including combat troops, trained in the Gaza Strip and abroad and heavily armed. On 19 September 2007, Israel declared the Gaza Strip hostile territory and restricted the movement of goods into and out of Gaza as well as the movement of persons for security reasons. Throughout most of 2008, hostile acts were exchanged across the line between Israel and the Gaza Strip. Between 27 December 2008 and 18 January 2009, Israel conducted a large-scale military operation, called “Cast Lead”, against Hamas members and facilities in the Gaza Strip. Between “Cast Lead” and May 2010, there was an incessant exchange of hostile acts between Hamas and Israel.

On 3 January 2009, the Israeli Minister of Defence ordered a naval blockade off the coastline of the Gaza Strip as part of “Cast Lead” in order to prevent the coastline being used as a possible route for military supplies to Hamas. In implementing this order, the 20 nautical miles of the sea territory off the Gaza coastline was, through various channels, declared a restricted zone. This blockade was subsequently enforced on a number of occasions. At the same time, Israel declared that it would allow humanitarian assistance to the population of the Gaza Strip through the land route after verification in the Israeli port of Ashdod.

The Free Gaza Movement was a pro-Palestinian organization based in Nicosia. Its aim was to display solidarity with the population in the Gaza Strip and to draw international attention to that population's dire living conditions. The movement cooperated with a number of other non-governmental organizations to set up a flotilla to break the naval blockade of the Gaza Strip, thereby attracting attention from international media to the situation in the Gaza Strip. Consequently, there were many journalists on board vessels in the Gaza flotilla. The delivery of humanitarian assistance through this flotilla was of secondary importance. The Mavi Marmara, which was a passenger vessel and the largest vessel of the flotilla, was contributed by a Turkish organization (“the İHH”) which, at the time, was banned in Israel because of its alleged support for Hamas. On 30 and 31 May 2010, 575 persons were on board the Mavi Marmara, including the 29 crew members and 382 Turkish nationals. The 40 persons who were located on its upper deck throughout belonged to the ÍHH.

Israel's diplomatic efforts to prevent the flotilla from sailing were unsuccessful. The flotilla set course to the Gaza Strip from the meeting point at the high seas off Gaza's coastline on 30 May. While Israel's defence forces prepared for the possible interception of the flotilla, those on board its vessels were determined to pursue their course. The persons on the upper deck of the Mavi Marmara, in particular, equipped themselves with various weapons. Other passengers were instructed in peaceful resistance. Calls by Israel for the flotilla to change course were refused and Israel ended transmissions. Israel's operation against the flotilla began on 31 May while the flotilla was still on the high seas, 72 nautical miles off the coast. An initial attempt to board the Mavi Marmara proved unsuccessful. The Israeli navy then used helicopters to land soldiers on board. Whether or not live ammunition was used by Israel during this early phase...