104. We have made it clear that we consider that Israel was entitled to impose the
naval blockade. It follows that Israel was also entitled to enforce it. The manner of its
enforcement, however, raises serious issues of concern.
108. On the best view we can form of the matter we believe it was reasonable in the
circumstances for the Israeli Navy to conclude that the vessels of the flotilla intended to
proceed to Gaza. That is what they repeatedly said. That intention was consistent with
an intention to breach the blockade.
109. For Israel to maintain the blockade it had to be effective, so it must be enforced.
That is a clear legal requirement for a blockade.344 Such enforcement may take place on
the high seas and may be conducted by force if a vessel resists. To this point in the
analysis no difficulty arises. But the subsequent steps taken raise serious questions as to
whether the enforcement was executed appropriately in the circumstances.
124. The Panel accepts, therefore, that soldiers landing from the first helicopter faced
significant, organized and violent resistance from a group of passengers when they
descended onto the Mavi Marmara. Material before the Panel confirms that this group
was armed with iron bars, staves, chains, and slingshots, 388 and there is some indication
that they also used knives. 389 Firearms were taken from IDF personnel and passengers
disabled at least one by removing the ammunition from it. 390 Two soldiers received
gunshot wounds. 391 There is some reason to believe that they may have been shot by
passengers, 392 although the Panel is not able to conclusively establish how the gunshot
wounds were caused. Nevertheless, seven other soldiers were wounded by passengers,
some seriously. 393
125. Both reports concur that three soldiers were overpowered by the passengers as
they descended from the first helicopter and were taken below the deck of the vessel. 394
The Panel is not persuaded that claims that the three were taken below merely to receive
medical assistance 395 are plausible, although it accepts that once below deck other
passengers intervened to protect them and ensure that assistance was provided. 396 It is
established to the Panel’s satisfaction that the three soldiers in question were captured, mistreated and placed at risk during the incident. 397 In the face of such a response, the
IDF personnel involved in the operation needed to take action for their own protection
and that of the other soldiers.
33. Israeli Defense Forces personnel faced significant, organized and violent
resistance from a group of passengers when they boarded the Mavi Marmara requiring them to use force for their own protection. Three soldiers were captured,
mistreated, and placed at risk by those passengers. Several others were wounded.
Комиссия так не полагает, причём антиизральского настроя у неё не было.
В общем, посокрушавшись, комиссия рекомендовала сторонам успокоиться и помириться
169.
The Panel recommends that:
. An appropriate statement of regret should be made by Israel in respect of the incident in light of its consequences.
.Israel should offer payment for the benefit of the deceased and injured victims and their families, to be administered by the two governments through a joint trust fund of a sufficient amount to be decided by them.
.Turkey and Israel should resume full diplomatic relations, repairing their relationship in the interests of stability in the Middle East and international peace and security. The establishment of a political roundtable as a forum for exchanging views could assist to this end.
а заодно и позаботиться о нуждах угнетенных обитателей Газы
Israel should continue with its efforts to ease its restrictions on movement of goods and persons to and from Gaza with a view to lifting its closure and to alleviate the unsustainable humanitarian and economic situation of the civilian population. These steps should be taken in accordance with Security Council resolution 1860, all aspects of which should be implemented.
>Комиссия так не полагает, причём антиизральского настроя у неё не было.
А что ей оставалось сакзать, если "Turkey and Israel should resume full diplomatic relations, repairing their relationship in the interests of stability in the Middle East and international peace and security. The establishment of a political roundtable as a forum for exchanging views could assist to this end." ?
>В общем, посокрушавшись, комиссия рекомендовала сторонам успокоиться и помириться
Ну вот Израиль с рекомедациями согласился. А Истамбул недоволен.