Sinking the Gaza Flotilla with Lawfare

Dear [Shurat HaDin Supporter],
from Nitsana Darshan-Leitner, Shurat HaDin – Israel Law Center

It was almost one year ago that Islamic extremists from Turkey and anti-Israel NGOs joined forces to organize a naval flotilla seeking to violate Israel’s coastal blockade of the Hamas controlled Gaza Strip. The terrorists’ mid-sea confrontation with the IDF resulted in the deaths of nine armed militants and serious injury to numerous Israeli soldiers. Now the same groups are once again planning to breach the Gaza blockade. On June 12th numerous boats loaded with contraband and up to a thousand passengers, including members of the EU Parliament, intend to set sail for Gaza from Greece, Turkey, France, Ireland and Cyprus. The organizers are hoping, once again, to provoke a massive public confrontation with the IDF and compel our soldiers to use force to detain them. They are hoping the IDF will kill some of the Flotilla participants and create another international condemnation of the IDF. In addition, there is a real concern that weapons, money and other contraband might be smuggled on the boats to the Hamas terrorists. Recall that in January 2002, the IDF seized Arafat’s “Karine A” ship that was loaded with 50 tons of Iranian-supplied weaponry making its way to Gaza.

Instead of sitting passively by and waiting for another international diplomatic crisis to play out into the Islamic extremists’ hands, Shurat HaDin is embarking on a campaign to try and legally block the extremist from setting sail. Every boat that travels from any country’s seaports or marinas needs to have maritime insurance. Without insurance a ship is not permitted to set sail. Yet, the maritime insurance companies insuring the boats utilized by the Gaza Flotilla surely have no idea that the passenger boats that they are indemnifying are being used by the organizers to run the coastal blockade, violently challenge the IDF and smuggle weapons into Gaza. No legitimate insurance company nor its shareholders would reasonably agree to insure an expedition like that.

As such, we have begun to send letters placing the maritime insurance companies on notice concerning the Gaza Flotilla and warning them that if they provide insurance (a necessary component in the effort to smuggle contraband to the terrorists) that they themselves will be legally liable for any future terrorist attacks perpetrated by Hamas. The letters are being sent to all the maritime insurance firms in Europe and Turkey. We are cautioning them that if they knowingly insure one of the Flotilla boats providing material resources to Hamas, they will also be indemnifying the Hamas rocket crews for all future Qassam missile attacks as the terror victims will surely sue them! We are hoping that when their legal departments review our letters and inform the corporation’s officials of the potential massive liability being risked they will act to ensure that none of their ships are being utilized by the terrorists.

The major Israeli daily newspaper ran an article in this past Weekend’s Yediot Aharonot. The headline reads: “Israeli Legal Group Warns International Insurance Companies — INSURE THE FLOTILLA TO GAZA? WE’LL SUE YOU.”

The government and the IDF are extremely adept at adopting to new military threats and battlefield suprises. They do not seem to be able to get a handle on the new way the delegitimization game is being played globally. The escalating attacks on Israel from all directions requires new and innovative responses before its too late and we are simply overwhelmed. Its time for those who support the Jewish State to start to employ some ingenuity and passion and begin to fight back.

Nitsana Darshan-Leitner
Shurat HaDin – Israel Law Center
10 Hata’as St. Ramat Gan, 52512 Israel
Phone: 972-3-7514175 | Fax: 972-3-7514174
info@israellawcenter.org
http://www.israellawcenter.org

May 16, 2011 | 14 Comments »

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14 Comments / 14 Comments

  1. This is rational, but short-sighted.

    You know how they’d spin it:

    Jews… money…

    Good point. Maybe only ships found containing contraband be seized, because it would be difficult for the Islamofascists and their allies to cloak themselves in the guise of peace when they’re discovered carrying arms and ammunition.

    Wouldn’t international law be on the side of the Israelis though? After all, these ships would be violating Israel’s sovereign
    territory, their lies about “humanitarian aid” notwithstanding.

  2. why not warn all insurers and owners no more boats will be returned. all will be either sunk to create a barrier reef or sold or broken into scrap. or else sold back to owners but at costs which include all of israel’s costs plus a penalty. no more will owners be let off the hook saying they did not know. now they must find out or else be surprised. and if another german owned or flagged or insured ship is caught its price will be a significant portion of the german subs israel is buying. not only confiscate but rub their nose into the floor.

  3. “Why sink a valuable asset when you can merely seize it and make money off it?”

    This is rational, but short-sighted.

    You know how they’d spin it:

    Jews… money…

  4. I would go further and warn the insurers that The IDF intends to send to the bottom any vessel which tries to bring contaband into Gaza – they should take that into account in any premium they demand!

    Why not seize the ship and all its cargo? Then sell it on the open market. Why sink a valuable asset when you can merely seize it and make money off it?

  5. I like the idea, but would recommend sending the letters to insurers in North America as well. Letters to the “names” at Lloyd’s might also be useful.

    I would do something else as well: since Hamas is publicly committed to genocide, Israel should announce that anyone found aboard any flotilla craft will be brought to trial under the provisions of the genocide convention which is the only law I know of that has sanctions for intentions. European parliamentarians in particular might think twice about doing something that could result in their being adjudged war criminals.

  6. It’s not that difficult to shoot out a rudder or foul a propeller and leave the ship disabled and let them sit there in the sun and figure out how to get back home.

  7. Legal action re insurance is very clever and should be undertaken. But why can’t Israel organise a group of civilian activist volunteers as privateers, to board and disable the boats, which could then be assisted to Ashkelon by the Israeli navy, where they could then be treated as war booty. The privateers could souvenir everything not nailed down or worn to maintain minimal modesty, to pay for the expense of the exercise. The anti-Israel games must stop before any Jew gets killed.

  8. It’s time for the Israel government to wake up. It’s 1948 all over again. Stop with the words. Praise the Lord and pass the ammunition. Sink the Gaza flotilla and shoot the “protesters”. It’s an all out war against Israel and it’s time for the government to come to its senses and stop talking nonsense about a two state solution. It will be a one state solution and the question is which state will it be? Israel or an Arab state?

  9. I would go further and warn the insurers that The IDF intends to send to the bottom any vessel which tries to bring contaband into Gaza – they should take that into account in any premium they demand!

  10. “Lawfare? How about a 5 inch deck gun round? Much cheaper than an attorney!”

    Cheaper in the short term, yes (and more satisfying too, TBS). Not sure how cheap the attorney’s fees would be in the diplo aftermath, however.

    However, this idea from Shurat haDin shows considerable promise — and not only for the present project, but also for future such ventures.

  11. Put a large hole below the waterline in every boat in the flotilla – and do this several miles from Israel – and only a few miles from whence they came.