Interception of Arms On Board the Ship "Victoria"

Legal Aspects - An Initial Brief

Table of contents
Principles

 

Since October 2000, Israel has been involved in an ongoing armed conflict with the terrorist organizations operating in the Gaza Strip.

As part of this armed conflict, these terrorist organizations deliberately target Israeli civilians by launching deadly rocket and missile attacks.

A significant quantity of the arms and ammunition used by these terrorist organizations is smuggled into the Gaza strip on a route involving transfer by sea.

 

In Resolution 1860 (January 8, 2009), the UN Security Council called upon all Member States to intensify efforts to sustain calm in the Gaza Strip, including to prevent illicit trafficking in arms and ammunition to the Gaza Strip. In resolution 1373 (September 28, 2001), the UN Security Council called upon States to refrain from the provision of any form of support to terrorist organizations and to eliminate the supply of weapons to such groups.

 

According to the Law of Armed Conflict at Sea, a State which is a party to an armed conflict has the right to conduct a visit and search of merchant vessels outside of the territorial waters of neutral States to the extent that there are reasonable grounds to believe that the vessels are carrying contraband.

"Contraband" consists of goods destined for the enemy of a belligerent which may be susceptible to use in an armed conflict. The most obvious examples of contraband are arms and munitions.

 

If a visit and search at sea is impossible or unsafe, or in other cases in which the captain of the vessel consented, the State may divert the merchant vessel to an appropriate area or port in order to exercise the right to conduct a visit and search.

If the merchant vessel is found to be carrying contraband, both the contraband and the vessel may be seized and confiscated.

 

Israel respects the freedom of navigation on the high seas and a flag State's jurisdiction as to vessels flying its flag. However, during an armed conflict, under the Law of Armed Conflict at Sea, the right to conduct a visit and search and the right to capture contraband supersede these concepts.

 


Implementation

 

"Victoria" is a merchant vessel, flying the flag of Liberia, owned by a German corporation and operated by a French corporation. The ship first visited a port in Syria. The ship was later stopped and boarded on route from Turkey to Egypt.

 

The IDF had reasonable grounds to believe that the vessel was carrying arms and ammunition destined for terrorist organizations in the Gaza Strip.

Therefore, according to the Law of Armed Conflict at Sea, the IDF had the right to conduct a visit and search on board the vessel, when in international waters.

 

It should be noted that such transfer of weaponry to terrorist organizations in the Gaza Strip constitutes a blatant violation of UN Security Council Resolutions 1860 and 1373.

 

The IDF initially approached the vessel in international waters, and consensually boarded and searched the vessel. Force was not used during the operation.

 

Since arms were found on board the vessel, it was diverted to an Israeli port in order to facilitate a more thorough examination of its cargo. Under the Law or Armed Conflict at Sea, Israel has the right to capture and confiscate any arms found on board.

 

The operation is ongoing. Further updates will be provided as available.

 


Annex

 

Relevant Articles from the San Remo Manual on International Law Applicable to Armed Conflicts at Sea

 

118. In exercising their legal rights in an international armed conflict at sea, belligerent warships and military aircraft have a right to visit and search merchant vessels outside neutral waters where there are reasonable grounds for suspicion that they are subject to capture.

 

119. As an alternative to visit and search, a neutral merchant vessel may, with its consent, be diverted from its declared destination.

 

121. 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.

 

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;

 

* San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994, prepared by international lawyers and naval experts convened by the International Institute of Humanitarian Law, published by Cambridge University Press. The manual is not a legally binding document, but is considered, in most parts, reflecting customary international law.