VFP Palestine Working Group Statement on Mavi Marmara Attack Anniversary

The Attack on Mavi Marmara

One year ago on May 31, 2010, the
Israeli armed forces conducted a military attack upon the Gaza Freedom
Flotilla in international waters bound for the "open air prison" of Gaza
to deliver humanitarian supplies and challenge the illegal blockade of
Gaza.

Veterans for Peace deeply regrets and
deplores the complicity of our government in this attack by (1) allowing
use of American weapons, (2) failing to prevent or condemn the attack,
(3) failing to protect American citizens, and (4) failing to support the
findings of the UN Human Rights Council investigation.

By storming ships on the high seas
exercising their lawful right to navigate international waters, killing
nine civilians including one U.S. citizen, injuring many dozens of other
civilian passengers, abducting and imprisoning several hundred civilian
passengers including U.S. citizens, and stealing personal property
worth hundreds of thousands of dollars, Israel committed flagrant
violations of international law to which the U.S. is a signatory. The
UN Convention on the Laws of the Seas provides for general freedom of
navigation on the high seas (Article 87(a)). Article 88 of the convention states:
"The high
seas shall be reserved for peaceful purposes." Article 89
states: "No State may validly purport to subject any part of the high seas
to its sovereignty."

To document violations of international
law, the United Nations Human Rights Council conducted an extensive
investigation that included interviews with more than 100 witnesses in
Geneva, London, Istanbul and Amman, all of whom "impressed the
members as persons genuinely committed to the spirit of humanitarianism
and imbued with a deep and genuine concern for the welfare of the
inhabitants of Gaza." Salient findings include:

The "deplorable situation" caused by
the blockade that was challenged by the flotilla "is unlawful and cannot
be sustained in law."

"...the action of the Israel Defense
Force in intercepting the Mavi Marmara on the high seas in the
circumstances and for the reasons given was clearly unlawful.
Specifically, the action cannot be justified in the circumstances even
under Article 51 of the Charter of the United Nations."

"The conduct of the Israeli military
and other personnel towards the flotilla passengers was not only
disproportionate to the occasion but demonstrated levels of totally
unnecessary and incredible violence. It betrayed an unacceptable level
of brutality. Such conduct cannot be justified or condoned on security
or any other grounds. It constituted a grave violation of human rights
law and international humanitarian law."

"...there is clear evidence to support
prosecutions of the following crimes within the terms of article 147 of
the Fourth Geneva Convention:

• Wilful killing;
• Torture or inhuman
  treatment;
• Wilfully causing great
  suffering or serious injury to body or health."

"The Mission also considers that a
series of violations of Israel 's obligations under international human
rights law have taken place, including:

• • Right to life (art. 6,
  International Covenant on Civil and Political Rights);
• • Torture and other cruel,
  inhuman or degrading treatment or punishment (art.7, International
  Covenant; Convention against Torture);
• • Right to liberty and
  security of the person and freedom from arbitrary arrest or detention
  (art. 9, International Covenant);
• • Right of detainees to be
  treated with humanity and respect for the inherent dignity of the human
  person (art. 10, International Covenant);
• • Freedom of expression
  (art. 19, International Covenant)."

"The Mission notes that the retention
by the Israeli authorities of unlawfully seized property remains a
continuing offence..."

In recommending referral to the
International Criminal Court, international attorney Francis Boyle
stated, " Israel 's attack arguably constituted the crimes against
humanity of murder, imprisonment, torture and other inhumane acts under
Article 7 of the ICC Statute. The attack also arguably constituted
numerous war crimes under Article 8 of the ICC Statute."

The use of U.S. supplied weapons funded
by U.S. taxpayers implicates all Americans in these international
crimes. These weapons included the boats, helicopters and lethal
weapons used, made by nine U.S. companies:

• The Sa'ar 5-class corvette warship built by Northrup-Grumman,
  armed with Honeywell torpedoes and surface-to-surface missiles made by
  McDonnell Douglas

• Sikorsky UH-60 Blackhawk helicopters, armed with Hellfire SSM
  laser-guided missiles made by Boeing, that lowered the Israeli
  commandoes onto the ship decks

• Morena Rigid-Hull Inflatable Boats made by U.S.M.I. Louisiana
  with Caterpillar 3126 turbocharged diesel engines

• US M4 Carbine Rifles, a magazine-fed, selective fire,
  shoulder-fired weapon made by Colt

• Raytheon radar systems

• MK13 Stun Grenades made by American Rheinmetall

Based upon these facts, Veterans for
Peace advocates cessation of all military aid to Israel under the Arms
Export Control Act (P.L. 80-829) which stipulates that countries
purchasing or receiving U.S. weapons cannot use them against civilians.

Veterans for Peace also recommends that
these facts be widely distributed in communities represented by Congress
members who support Israeli impunity from international law.

...VFP Palestine Working Group