2) Claim: The blockade of Gaza is illegal and constitutes a form of collective punishment
NGO quotes:
Amnesty International- “‘The activists on the ships made it clear that their primary purpose was to protest against the continuing Israeli blockade, which constitutes a form of collective punishment and so a breach of international law,’ said Malcolm Smart.”
Human Rights Watch- “The blockade, which amounts to the unlawful collective punishment of Gaza's civilian population…”
Center for Constitutional Rights- “Since its inception nearly three years ago, CCR has condemned the blockade as a form of collective punishment.”
War on Want- “The British government must act immediately to put pressure on Israel to end the illegal blockade of Gaza and its military occupation of Palestinian land.”
Analysis:
Is the blockade a form of collective punishment?
Restrictions on the flow of goods in a war environment do not constitute “collective punishment” under international law. “Collective punishment” refers to the imposition of criminal penalties and does not refer to the legal act of retorsion (e.g. sanctions, blockades). In fact, pursuant to Article 23 of the Geneva Convention (which sets standards for the provision of limited humanitarian aid), Israel has no obligation to provide any goods, even minimal humanitarian supplies, if it is “satisfied” that such goods will be diverted or supply of such goods will aid Hamas in its war effort. As numerous credible accounts have reported, Hamas has diverted supplies from Gaza’s civilian population. Although Israel is under no legal obligation, Israel continues to provide hundreds of tons of humanitarian supplies to Gaza on a weekly basis. The cargo carried by the Gaza flotilla was equivalent to approximately the amount of humanitarian aid crossing from Israel into Gaza on a single day.