The Free Gaza Flotilla: Opinion on international law by Prof. em. Norma Paech University of Hamburg

The Opinion comes to the following conclusion:

"Upon legal analysis, both the blockade and renewed occupation of the Gaza Strip and also the sea blockade and the attack on the Free Gaza Flotilla are seen to be serious breaches of international law. Without doubt, the persons responsible could be made accountable before the International Criminal Court (ICC) at Den Hague if Israel had subjected itself to the decisions of the ICC. In the circumstances, it remains for criminal investigation proceedings against those responsible to be initiated by those criminal prosecution authorities which, such as those in Germany, Norway, Belgium or Spain, have international criminal law under which the victims of international crimes may prosecute the perpetrators even outside their own territory. In this way, to date, passengers of the Free Gaza Flotilla from Norway and Germany have made a criminal complaint against those responsible for the attack. In addition, the injured persons are considering taking civil action for the loss of their property, which was taken from them by the Israeli military. Apart from court actions, however, an independent international commission is needed to investigation the details of the Israeli attack and of the events on the ships, which have still not been clarified. By reason of its greatly restricted powers of investigation (for example no 12 examination of the soldiers involved), the inquiry committee set up by the Israeli government cannot satisfy the requirements of independence and completeness"

The full opinion can be donwloaded

Free Gaza Flotilla Opinion on International law.pdf (255.24 Ko)