An Israeli inquiry commission defended the actions of the country's troops during last year's deadly raid on a Gaza-bound protest flotilla sailing from Turkey, finding in a report released Sunday that Israel had not violated international law.
The IDF acted in self-defense against IHH terrorists in the on the Mavi Mamara boat, the Turkel investigative panel unanimously concluded Sunday.
The seven-member committee included two foreign observers, Brig. Gen. Ken Watkin of Canada and Lord David Trimble of Northern Ireland.
The panel, headed by retired High Court Justice Yaakov Turkel, stated that the Navy commandos’ counter terrorist actions "were found to be legal pursuant to the rules of international law."
The ship supposedly was carrying humanitarian cargo, but the Turkel panel verified previous evidence that there was none on board.
The report categorically declared that after the IDF commandos announced on loudspeaker that the ship could not proceed to Gaza, where Israel has declared a sea embargo to prevent smuggling of weapons and terrorists, IHH terror activists began to prepare weapons. They used an electric saw to cut metal bars and assembled more than 200 knives and other weapons for use against the commandos.
The terrorists "were armed with clubs,” which they used to attack commandoes as they landed on deck. Three soldiers were taken to the lower deck, and two others were shot and stabbed. Two of the soldiers jumped overboard to save their lives.
The commission also said that the blockade of Gaza does not violate international laws. "No one has the right to ignore the naval siege that was carried out by the flotilla on its way to Gaza," Justice Turkel said.
After the clash, the international community roundly criticized Israel, both before and after video evidence showing the attack by the IHH terrorists, nine of whom were killed in the battle. Four of those killed belonged to the IHH, four others were associated with Islamic terrorist groups, and one other was not known to be linked to a terror group, the committee added.
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Canadian Network for Israel Affairs
An Israeli inquiry commission defended the actions of the country's troops during last year's deadly raid on a Gaza-bound protest sailing from Turkey, finding in a report released Sunday that Israel had not violated international law.
While offering some criticism of the way the takeover was planned, the commission's conclusions exonerated the government, the military and individual soldiers.
The findings were unlikely to put to rest the international controversy over Israel's actions, which badly damaged its relations with Turkey and led to the formation of a investigation. Turkey's prime minister dismissed the report hours after its release.
Israeli naval commandos killed nine activists aboard the Turkish protest ship Mavi Marmara on May 31 after passengers violently resisted the takeover of the vessel in international waters. The condemnation that followed the bloodshed forced Israel to ease the blockade on the -ruled Gaza Strip.
The nearly 300-page report released Sunday by the government-appointed commission said the blockade of Hamas-ruled Gaza, the decision to intercept the protest flotilla in international waters and the soldiers' use of lethal force were legal.
"The actions carried out by Israel on May 31, 2010, to enforce the naval blockade had the regrettable consequences of the loss of human life and physical injuries," read the report. Nonetheless, "the actions taken were found to be legal pursuant to the rules of international law."
The commission, headed by a retired Supreme Court justice, included four Israeli members and two international observers — , a Nobel peace laureate from Northern Ireland, and Brig. Gen. Ken Watkin, Canada's former chief military prosecutor. All signed off on the conclusions.
A fifth Israeli participant, 93-year-old international law expert Shabtai Rosenne, passed away during the deliberations. Two other international experts, one German and one American, advised the commission.
Turkey recalled its ambassador to Israel after the incident and ties between the countries have not recovered. Turkey's prime minister, , promptly dismissed the conclusions of the Israeli inquiry.
"To my judgment there is no value or credibility to this report," he told reporters in Ankara on Sunday. Haneen Zoabi, an Arab member of Israel's parliament who was on board the Marmara, called the commission "a broad and open platform for Israeli propaganda."
The Gaza flotilla was dominated by an Islamic aid group from Turkey known by the acronym . The group has ties to Turkey's Islamic-rooted government and was banned by Israel in 2008 because of alleged ties to Hamas.
The flotilla aimed to bring attention to the Israeli blockade of Gaza, imposed after Hamas militants captured an Israeli soldier in 2006 and tightened after Hamas seized control of the territory the following year.
Soldiers were sent to commandeer the ships before dawn on May 31 after the flotilla ignored radio warnings to turn back and refused an offer to dock at an Israeli port and transfer humanitarian aid into Gaza overland. One of the ships radioed to the Israelis to "go back to Auschwitz," according to a military recording cited in the report.
Five small ships were commandeered without incident, but soldiers rappelling from helicopters onto the deck of the Marmara, with some 600 passengers on board, were mobbed by several dozen activists armed with bars, slingshots and knives as they landed on deck one by one, according to video footage released by the military.
The Israelis, who seemed not to have expected violent resistance, were beaten and some were thrown onto a lower deck. According to Sunday's report, two of the soldiers were shot, apparently with weapons wrested from the Israelis themselves. Both soldiers and activists have said they acted in self-defense.
The commission faulted the military planners for not taking into account the possibility of serious violence, saying "the soldiers were placed in a situation they were not completely prepared for and had not anticipated." Previous protest flotillas had surrendered without violence.
However, looking at 133 individual cases in which soldiers used force — 16 of them involving shooting to kill — the commission found soldiers had acted properly and that their lives had been in danger. The soldiers, the report said, "acted professionally in the face of extensive and unanticipated violence."
The commission said its report was based on the testimony of Israeli officials — including the prime minister and defense minister — and military officers, as well as testimony from the soldiers themselves and 1,000 hours of video footage taken from the military, the Marmara and its passengers.
The commission said activists on board the ship refused invitations to testify.
Alan Baker, a former legal adviser to Israel's Foreign Ministry, said the committee's makeup should boost its credibility among Israel's allies and predicted the U.N.'s investigative commission would take it seriously.
"Whether this will persuade Turkey is doubtful. Whether this will persuade the Arab countries is very doubtful. I think the serious countries will take it very seriously because of the people who were involved and because of the international observers," he said.
"I doubt very much whether it will make an impression on those elements of the international community who are pushing the anti-Israel hostility," he said.
Gisha, an Israeli advocacy group that opposes the blockade, criticized the inquiry's conclusion that the Israeli blockade did not constitute collective punishment of the civilian population. The blockade, meant to weaken Hamas, caused widespread damage to the economy while only strengthening the militants' grip on power.
"We don't understand how restricting the entrance of coriander, paper and industrial margarine into Gaza advances a legitimate military objective," said Sari Bashi, the group's director.
In the wake of heavy international criticism, Israel lifted virtually all restrictions on foods and consumer goods entering Gaza. But restrictions on exports, and the import of badly needed construction goods, remain in place.
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JERUSALEM (AP) — An Israeli panel on Sunday cleared the military and government of any wrongdoing during last year's deadly raid on a Gaza-bound international flotilla, but the finding appeared unlikely to repair damage to Israel's standing.
Nine pro-Palestinian activists, eight Turkish citizens and a Turkish American, were killed as Israeli commandos boarded one of the ships in the flotilla, the Mavi Marmara, last May 31. The report said the armed defense of Israel's maritime blockade of the Hamas-ruled coastal strip was justified under international law.
A wave of international condemnation of the raid forced Israel to ease the blockade.
The incident damaged relations with Turkey and led the U.N. chief to order an international investigation. Turkey swiftly condemned Sunday's report, saying it was "surprised, appalled and dismayed."
Israeli Prime Minister Benjamin Netanyahu praised the inquiry.
"I hope all those who rushed to judgment against Israel and its soldiers will read this report and learn the truth about what happened," Netanyahu said. "The truth is that our soldiers were defending our country — and defending their very lives."
The nearly 300-page report echoed an earlier military investigation that faulted the planning and execution of the operation. Even so, it said the blockade of Gaza and the raid were legal and justified.
"The actions carried out by Israel on May 31, 2010, to enforce the naval blockade had the regrettable consequences of the loss of human life and physical injuries," read the report. Nonetheless, "the actions taken were found to be legal pursuant to the rules of international law."
The flotilla aimed to bring attention to the blockade of Gaza, which Israel imposed after Hamas militants captured an Israeli soldier in 2006 and tightened after Hamas seized control of the territory the following year.
Israel said the blockade was needed to prevent Hamas, an armed group that has fired thousands of rockets at Israel, from building up its arsenal. Critics have noted the blockade did little to weaken Hamas or halt weapons smuggling, while causing widespread economic hardship and shortages of foods and other basic items.
Israeli forces were sent to commandeer the ships before dawn after the flotilla ignored radio warnings to turn back and refused an offer to dock at an Israeli port and transfer humanitarian aid into Gaza overland. One of the ships radioed to the Israelis to "go back to Auschwitz," according to a military recording cited in the report.
Five small ships were commandeered without incident, but soldiers rappelling from helicopters onto the deck of the Marmara, with some 600 passengers on board, were attacked by several dozen activists armed with bars, slingshots and knives as they landed on deck one by one, according to video footage released by the military.
The Israelis, caught off guard, were beaten, and some were thrown onto a lower deck. According to Sunday's report, two soldiers were shot, apparently with weapons wrested from the Israelis.
Both soldiers and activists have said they acted in self-defense.
The flotilla was organized by an Islamic aid group from Turkey known by the acronymIHH. Israel banned IHH, which has ties to Turkey's Islamic-oriented government, in 2008 because of alleged ties to Hamas.
Turkey, formerly one of Israel's closest allies, recalled its ambassador to Israel after the incident, and ties between the former allies have not recovered.
An official Turkish commission investigating the incident condemned the Israeli findings Sunday, saying the blockade amounted to illegal "collective punishment" of Gaza's 1.5 million people. It also accused Israel of using unnecessary and excessive force.
"Our commission is surprised, appalled and dismayed that the national inquiry process in Israel has resulted in the exoneration of the Israeli armed forces," it said.
In New York, U.N. spokesman Martin Nesirky said investigators there had received a copy of the Israeli report.
"As you know, to help complete their important mandate it is essential for the (U.N.) panel to review material provided by both sides, Israel and Turkey," he said.
Israel was forced by the outcry to ease the blockade. Virtually all foods and consumer goods can now enter Gaza. But restrictions on many exports and the import of badly needed construction goods remain in place.
Israel ordered the official inquiry two weeks after the incident.
The commission, headed by retired Supreme Court justice Jacob Turkel, included four Israeli members and two international observers — David Trimble, a Nobel peace laureate from Northern Ireland, and Brig. Gen. Ken Watkin, Canada's former chief military prosecutor. All signed off on the conclusions.
A fifth Israeli participant, 93-year-old international law expert Shabtai Rosenne, died during the deliberations.
Looking at 133 individual cases in which soldiers used force — 16 of them involving shooting to kill — the commission found soldiers had acted properly and that their lives had been in danger. The soldiers, the report said, "acted professionally in the face of extensive and unanticipated violence."
The report was based on the testimony of Israeli officials, including the prime minister, defense minister and military chief. It also looked at testimony from soldiers gathered by the military and 1,000 hours of video footage taken from the military, the Marmara and its passengers.
The commission said activists on board the ship refused invitations to testify.
Alan Baker, a former legal adviser to Israel's Foreign Ministry, said the committee's makeup gave the report international credibility, but the findings would have little impact on Israel's critics.
"I doubt very much whether it will make an impression on those elements of the international community who are pushing the anti-Israel hostility," he said.
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Associated Press writer Ben Hubbard in Jerusalem and Erol Israfil in Istanbul, Turkey, contributed to this report.
