Are Arab states bound by law to protect the Gaza Sumud Flotilla?
The Sumud flotilla includes dozens of citizens from Arab League states, including 28 Tunisians, 17 Algerians, 7 Moroccans, and 1 Mauritanian.
A Gaza-bound aid flotilla is pressing forward into contested waters, bracing for Israeli interception, even as legal experts warn that governments whose citizens are on board could face liability if they fail to protect them.
The Global Sumud Flotilla (GSF), the largest maritime mission ever assembled, set sail from Spain on 31 August with more than 40 ships and delegations from at least 44 countries.
Its organisers describe it as both a humanitarian mission and a political challenge to Israel's naval blockade of Gaza, which has been in place since 2007.
On Wednesday, flotilla leaders said two of their vessels were harassed overnight by an Israeli warship. They were not boarded, but Israel has been threatening to detain hundreds of activists on board before reaching Gaza's shores.
The flotilla includes dozens of citizens from Arab League states, including 28 Tunisians, 17 Algerians, 7 Moroccans, and 1 Mauritanian, who are part of the Sumud Maghreb organising committee.
Several Libyan activists are sailing separately aboard "the Omar Al Mokhtar", a vessel carrying former Libyan prime minister Omar al-Hassi and British journalist Yvonne Ridley.
That ship was barred from joining the main flotilla after organisers said it had not undergone the strict vetting and training protocols required of all participants. It was later converted into a "hospital ship," according to Turkey's Anadolu news agency.
The vessel is believed to be sailing just behind the flotilla, but does not appear on its tracker.
Legal obligations
"States, including Arab states, are already under legal obligations to protect and bring humanitarian aid to Gaza under the Genocide Convention", Luigi Daniele, an associate professor in International Law at the University of Molise, told The New Arab.
"If they fail to protect their citizens, they might be liable to human rights complaints," he added.
A UN Human Rights Council inquiry released in September concluded that Israel has committed genocide in Gaza, citing four of the five acts defined in the 1948 Genocide Convention.
That convention obliges states to take action to prevent genocide, whether through prosecutions, sanctions, or other concrete measures.
Flotilla organisers say several legal instruments protect their voyage.
The UN Convention on the Law of the Sea guarantees freedom of navigation on the high seas, which organisers cite as allowing their passage.
The Fourth Geneva Convention obliges states to permit the unimpeded movement of humanitarian aid, which organisers say covers their mission to deliver supplies to Gaza.
Organisers also invoke UN Security Council resolutions 2720 and 2728 to back their demand for unimpeded access for humanitarian assistance.
They also reference the Rome Statute of the International Criminal Court, which criminalises both the obstruction of aid and the use of starvation as a method of warfare.
Despite these frameworks, activists say they expect Israeli confrontation, considering its long history of attacking ships trying to break the 18-year-long siege on Gaza.
Israel has accused flotilla members of links to Hamas, an allegation they reject and warn that Tel Aviv could use to legitimise deadly attacks on the fleet. |
Naval escorts and limited protection
Since 25 September, naval ships from Italy, Spain and Turkey have accompanied the flotilla after several drone attacks, which organisers believe to be orchestrated by Israel.
Both Spain and Italy have stressed that they will not confront Israel, but are present to safeguard their citizens.
Italy's defence ministry said its frigate will withdraw 150 nautical miles from Gaza, urging the flotilla to offload aid in Cyprus — a proposal organisers called sabotage.
The Flotilla organisers say their boats have passed the 120 nautical mile mark.
Meanwhile, the UK government said it cannot provide diplomatic protection to its citizens on the flotilla, even after Alma, a British-flagged vessel, was targeted while docking in Tunisian waters. At least 13 British citizens are taking part.
Despite several calls from the French opposition party La France Insoumise (LFI) on President Emmanuel Macron to guarantee protection for at least 4 French nationals on board the Flotilla, Paris didn't respond.
The European Union has warned Israel against the use of force, stressing that "the freedom of navigation under international law must be upheld."
Activists have called on their governments, including in Tunisia and Morocco, to follow the examples of Italy and Spain.
"Attacks on ships sailing under a state's flag legitimise military acts from that state in self-defence, especially when those onboard are civilians," said Daniele in his interview with TNA.
Israel's history of attacks on aid missions
The risk of violence is far from hypothetical. Since 2010, when Israeli commandos boarded the Mavi Marmara in international waters, killing 10 activists and injuring dozens more, flotillas have been intercepted, often with force.
This time, flotilla members reported drone strikes last Tuesday, forcing them to take shelter in Greek waters until Saturday.
Organisers said they believed a larger attack had been imminent. On Sunday night, the flotilla spent its first uninterrupted night in international waters since the voyage began, after Italian and Spanish naval ships joined in.
On Tuesday night, activists said Israeli ships disrupted the electronics of Alma, the British vessel leading the convoy, before diverting attention to another lead ship, Sirius.
Both times, the rest of the fleet continued sailing toward Gaza. Organisers described the manoeuvres as an Israeli attempt to test whether the flotilla would stop if its lead vessels were targeted.
"The answer is no. Even if 47 ships are stopped, the 48th will continue to Gaza," said Wael Naouar, a Tunisian organiser of Sumud Flotilla.
The Sumud Maghreb flotilla warned that if participants were harmed, a second land convoy would be launched toward Gaza in response. "All eyes must remain on Gaza," the statement said, "and on the crimes being committed there, even as the world watches our journey to break the blockade."
For now, the Global Sumud Flotilla continues its course, with activists reporting high morale onboard. "See you on Khan Younis beach, my dears," wrote Wael Naouar on Facebook, sharing a video of children in Gaza.