102. The declaration or establishment of a blockade is prohibited if: (a) it has the sole purpose of starving the civilian population or denying it other objects essential for its survival; or (b) the damage to the civilian population is, or may be expected to be, excessive in relation to the concrete and direct military advantage anticipated from the blockade.
Diversion for the purpose of visit and search 121. If visit and search at sea is impossible or unsafe, a belligerent warship or military aircraft may divert a merchant vessel to an appropriate area or port in order to exercise the right of visit and search. Measures of supervision 122. In order to avoid the necessity of visit and search, belligerent States may establish reasonable measures for the inspection of cargo of neutral merchant vessels and certification that a vessel is not carrying contraband. 123. The fact that a neutral merchant vessel has submitted to such measures of supervision as the inspection of its cargo and grant of certificates of non-contraband cargo by one belligerent is not an act of unneutral service with regard to an opposing belligerent. 124. In order to obviate the necessity for visit and search, neutral States are encouraged to enforce reasonable control measures and certification procedures to ensure that their merchant vessels are not carrying contraband. SECTION VI : CAPTURE OF NEUTRAL MERCHANT VESSELS AND GOODS 146. Neutral merchant vessels are subject to capture outside neutral waters if they are engaged in any of the activities referred to in paragraph 67 or if it is determined as a result of visit and search or by other means, that they: (a) are carrying contraband; (b) are on a voyage especially undertaken with a view to the transport of individual passengers who are embodied in the armed forces of the enemy; (c) are operating directly under enemy control, orders, charter, employment or direction; (d) present irregular or fraudulent documents, lack necessary documents, or destroy, deface or conceal documents; (e) are violating regulations established by a belligerent within the immediate area of naval operations; or (f) are breaching or attempting to breach a blockade. Capture of a neutral merchant vessel is exercised by taking such vessel as prize for adjudication. 147. Goods on board neutral merchant vessels are subject to capture only if they are contraband. 148. Contraband is defined as goods which are ultimately destined for territory under the control of the enemy and which may be susceptible for use in armed conflict. 149. In order to exercise the right of capture referred to in paragraphs 146(a) and 147, the belligerent must have published contraband lists. The precise nature of a belligerent's contraband list may vary according to the particular circumstances of the armed conflict. Contraband lists shall be reasonably specific. 150. Goods not on the belligerent's contraband list are 'free goods', that is, not subject to capture. As a minimum, 'free goods' shall include the following: (a) religious objects; (b) articles intended exclusively for the treatment of the wounded and sick and for the prevention of disease; (c) clothing, bedding, essential foodstuffs, and means of shelter for the civilian population in general, and women and children in particular, provided there is not serious reason to believe that such goods will be diverted to other purpose, or that a definite military advantage would accrue to the enemy by their substitution for enemy goods that would thereby become available for military purposes; (d) items destined for prisoners of war, including individual parcels and collective relief shipments containing food, clothing, educational, cultural, and recreational articles; (e) goods otherwise specifically exempted from capture by international treaty or by special arrangement between belligerents; and (f) other goods not susceptible for use in armed conflict, 151. Subject to paragraph 152, a neutral vessel captured in accordance with paragraph 146 may, as an exceptional measure, be destroyed when military circumstances preclude taking or sending such a vessel for adjudication as an enemy prize, only if the following criteria are met beforehand: (a) the safety of passengers and crew is provided for; for this purpose the ship's boats are not regarded as a place of safety unless the safety of the passengers and crew is assured in the prevailing sea and weather conditions, by the proximity of land, or the presence of another vessel which is in a position to take them on board; (b) documents and papers relating to the captured vessel are safeguarded; and (c) if feasible, personal effects of the passengers and crew are saved. Every effort should be made to avoid destruction of a captured neutral vessel. Therefore, such destruction shall not be ordered without there being entire satisfaction that the captured vessel can neither be sent into a belligerent port, nor diverted, nor properly released. A vessel may not be destroyed under this paragraph for carrying contraband unless the contraband, reckoned either by value, weight, volume or freight, forms more than half the cargo. Destruction shall be subject to adjudication. 152. The destruction of captured neutral passenger vessels carrying civilian passengers is prohibited at sea. For the safety of the passengers, such vessels shall be diverted to an appropriate port in order to complete capture provided for in paragraph 146. -----Original Message----- From: Michael Dinowitz [mailto:[email protected]] Sent: Monday, May 31, 2010 11:28 AM To: cf-community Subject: Re: Israel attacks and kills peace activists in international waters. Sorry, but you're wrong. International Maritime law applies here: http://www.icrc.org/ihl.nsf/385ec082b509e76c41256739003e636d/7694fe2016f347e 1c125641f002d49ce 67. Merchant vessels flying the flag of neutral States may not be attacked UNLESS they: (a) are believed on reasonable grounds to be carrying contraband or breaching a blockade, and after prior warning they intentionally and clearly refuse to stop, or intentionally and clearly resist visit, search or capture; (b) engage in belligerent acts on behalf of the enemy; (c) act as auxiliaries to the enemy s armed forces; (d) are incorporated into or assist the enemy s intelligence system; (e) sail under convoy of enemy warships or military aircraft; or (f) otherwise make an effective contribution to the enemy s military action, e.g., by carrying military materials, and it is not feasible for the attacking forces to first place passengers and crew in a place of safety. Unless circumstances do not permit, they are to be given a warning, so that they can re-route, off-load, or take other precautions. A, B, and E all apply. On Mon, May 31, 2010 at 11:34 AM, Vivec <[email protected]> wrote: > > Read up on international law. > > Isreal had ZERO right to BOARD the ship with armed commandos. > > The crew and passengers on those ships are the ones who had a right to > self defence. > > On 31 May 2010 11:26, Larry C. Lyons <[email protected]> wrote: >> >> Read up on the right of self defense. They had every right. > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Order the Adobe Coldfusion Anthology now! http://www.amazon.com/Adobe-Coldfusion-Anthology-Michael-Dinowitz/dp/1430272155/?tag=houseoffusion Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:319877 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/groups/cf-community/unsubscribe.cfm
