Is it a ‘‘fact’’ in law that Israel is at war with Gaza?
The San Remo Manual of International Law Applicable to Armed Conflict at Sea, which Israel says it complied with in it’s actions against the flotilla, relates specifically to legal practices at a time of war.
If Israel is not at war with Gaza, then San Remo does not apply.
The expressions more often heard are ‘‘armed conflict’’ and ‘‘terrorists’’.
Well, ok then, so is Israel is in a state of armed conflict with these terrorists?
If it is, then any and all prisoners must be processed in a way compliant with the Geneva Convention and any and all prisoners are lawfully entitled to it’s full protection.
So, if Israel is saying it complied with San Remo, it is effectively saying it is at war with Gaza.
So the Gazans fighting back are not terrorists, they are soldiers.
After all, they are in a theatre if war ’ according to what Israel is claiming.
And, furthermore, under San Remo, it is illegal to enforce a blockade on the general population of a country.