Thurles Information

There is a growing tendency among our Irish politicians and officials to speak about international law on Gaza as though the legal position is completely settled and universally agreed.
It is not.

Whether people support or oppose Israel’s actions, it is important to state the law accurately rather than selectively.

Israel imposed a naval blockade on Gaza during an ongoing armed conflict with Hamas, which has controlled the territory since Hamas violently seized power in 2007. The blockade was formally declared in 2009 and was justified by Israel as a security measure aimed at preventing weapons smuggling by sea.

Under international law, naval blockades are not automatically illegal as our heads of government publically declare. In fact, the law of armed conflict at sea explicitly recognises them under certain conditions.

The most widely cited framework on this issue is the San Remo Manual on International Law Applicable to Armed Conflicts at Sea, found HERE. While it is not itself a treaty, it is widely regarded as an authoritative restatement of customary international law by legal and naval experts.

The San Remo Manual states that vessels attempting to breach a lawful naval blockade may be intercepted, including in international waters under certain circumstances.

This is not merely an Israeli interpretation. The 2011 UN Palmer Report concluded that Israel’s naval blockade was a legitimate security measure and that its enforcement had a legal basis under international law.

That does not mean every Israeli action is automatically lawful, nor does it mean there are no legitimate humanitarian concerns. Serious legal arguments have also been made that the blockade has become disproportionate or amounts to collective punishment due to the humanitarian consequences for civilians in Gaza.

But that is precisely the point: this is a disputed and highly contested area of international law. It is therefore misleading for Irish Government representatives to present the matter as though international law clearly and unanimously declares every interception at sea to be illegal. Many respected international lawyers, naval law experts, and even UN-linked inquiries have reached more nuanced conclusions.

People can oppose Israel politically or morally if they wish. But legal arguments should be based on the actual complexities of international law, not slogans or selective interpretations.