The Mavi Marmara Murders
By Craig Murray on May 16, 2013
I can claim to have had a small hand in instigating the legal complaint to the International Criminal Court by the Comoros Islands against the murders by Israeli troops on the Mavi Marmara. The Washington Post writes:
In a filing, lawyers from the Istanbul-based law firm Elmadag argued that the events that took place on the Mavi Marmari should be considered as having occurred on the territory of Comoros.
As though this were in any sense a matter of dispute. That crimes committed on any ship outside of territorial waters are under the jurisdiction of the flag state of the ship, is both customary international law of ancient standing and a fundamental provision of the United Nations Convention on the Law of the Sea.
Article 92:
Ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in this Convention, shall be subject to its exclusive jurisdiction on the high seas.
The Comoros Islands are a tiny state off the East coast of the continent. They are part of the disgraceful system where small or failed states lease out their shipping registers – often corruptly – to western companies who run them, enabling major shipping owners to evade safety, conditions, qualifications and pay regulations of more serious states. Liberia has been the most notorious example. The Comoros government therefore deserves huge congratulation for taking its flag state responsibility so seriously, and so bravely, in taking on Israel.
It is a responsibility Turkey deliberately shed just before the Mavi Marmara was attacked.
There is, in this regard, as I reported from my meetings with organisers and bereaved families of the Mavi Marmara in Izmir two years ago, something extremely disturbing about the case of the Mavi Marmara:
Shortly before sailing, the registration was switched from Turkey to the Comoros Islands. This exempted Turkey from the responsibility of jurisdiction. It also made discussion at NATO much easier for the US; if the Israelis had attacked in international waters a ship flying the flag of a NATO state, that would have been a much more difficult thing for the alliance to ignore.
It turns out that the change was made at the insistence of the Turkish Ministry of Transport. They carried out a number of inspections of the Mavi Marmara prior to the Gaza trip and made repeated demands for changes: mattresses and cushions had to have more modern, fire resistant foam. Internal walls had to be upgraded for fire resistance. Whatever changes were then made, the Ministry found new faults. In the end, the Ministry had said that the Mavi Marmara would be impounded unless it changed its registration, as it could not meet the safety requirements for a Turkish flagged ship.
The strange thing is that the Mavi Marmara had been Turkish flagged for years, and had been running tourist cruises out of Istanbul. None of the faults the Ministry found resulted from any changes, yet none had apparently been a problem on past inspections. The family told me that, before the Mavi Marmara sailed, they had been in no doubt the Turkish government had been deliberately obstructive and had forced the change of flag.
Part of the Turkish state was insistent on giving the Mavi Marmara no protection. You have to ask the question, did these people know in advance the Mavi Marmara was to be attacked? The fatal shootings on board were mostly not random – they were targeted shots to the head of selected people. If Israel had planned this, how long in advance, where did they get their intelligence on who was aboard? If they had assistance from within the Turkish state, of course the Turkish state would want to ensure they did not have legal responsibility over the killings.
Let me be plain. I am not accusing the current government of Turkey. But they inherited a bureaucracy and political establishment riddled, especially at the most senior levels, with ultra-nationalists and relatives and connections of the Turkish military. The Turkish Foreign Office in particular is notoriously ultra and completely penetrated and corrupted by Israel. The Turkish government has had a most difficult job in changing the direction of the country without provoking violent nationalist reaction. That has been a process; and the result is that those apparently in power did not in reality get control of all the levers of power at once.
We are a long way yet from knowing the full truth about the Mavi Marmara: and Israel is not the only place to look.
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May 16, 2013 - Posted by aletho | Solidarity and Activism, Subjugation - Torture, Timeless or most popular, War Crimes | Comoros, Craig Murray, Human rights, International Criminal Court, Israel, Mavi Marmara, MV Mavi Marmara, Turkey
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The issue at LAW is one of Good Faith.
the so-called “Israeli’s’ [Khazar Proselytes]… cannot act in Good Faith.
the so-called “jewish” religion – TALMUDIC JUDAISM is in fact a manifestation of BAD FAITH.
http://adask.wordpress.com/2013/05/02/international-law-for-christian-nations/
while it may seem pedantic to HOLD {this} ground…{FAST} the presumption at Law in Christian Nations is that both parties show up In Good Faith…hence the blind fold…
However so-called “jews” cannot “show up” in Good Faith as being a Jew is synonymous with being a lying murderer…John 8:44.
the presentation of the {notice to cure} affidavit must state this fact FIRST,
…and no other issue should be “Heard” until this issue is settled.
something to consider, but the Palestinians like the Davidians must make their appeal to the good faith inhabitants of Earth as there are apparently no Justice tribunals that are not afflicted with the leaven of the Pharisees.
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“As though this were in any sense a matter of dispute”
No, not for people who have knowledge and facts…. yes were it concerns the establishment of the facts in juris!
Israel has claimed, that every attempt to enter national territory of Israel, and the waters of the Gaza strip are national territory of Israel due to the occupation of the Gaza Strip as claimed by the state of Israel, is illegal when and if there is no approval for such entry, and Israel claims that it has the right to board vessels that attempt to enter national territory of Israel, and claims even to have that right when those vessels are in international waters, based on national security, if those vessels are actually and factually in international waters.
Internationally there is no dispute about the illegality of the latter, it is illegal to board vessels that are in international waters. I think it is important to have established by the ICC (or for that matter any international court or institution) that vessels in international waters can not be boarded UNLESS those vessels carry weapons or other means of danger to a state or individual(s).
By the way, I am doubtful that when the ICC decides, or rules that what Israel was unlawful and a criminal act, it will help anything…. as Israel does not recognize the ICC, and ignores the rulings of the ICC. As it did with the ruling by the ICC that the Wall was illegal and must be removed……..
I think that when the ICC rules against Israel, the member states that acknowledge the ICC must be forced to carry out the ruling, by for instance refuse to cooperate with Israel, or supply weapons or other material to Israel.
The ICC is a United Nations institution, and the UNGA can force all member states to submit to the rulings of the ICC…………
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As to the fact of the switch from Turkey registration to Commoros Islands registration of the vessel……
I think we should be real here, Turkey would have been forced to request the assistance of the NATO alliance when the vessel would have been attacked by Israel when the vessel would have been sailing under the Turkish flag. No member state of the NATO alliance would have reacted to the request for assistance by the Turks, it would have been the realization and creation of a war between NATO (inclusive the USA) and Israel.
Considering the fact that the USA would never be involved in a conflict between NATO and Israel, per definition a military conflict as NATO is a military alliance and not a social or commercial alliance, the switch from Turkey to the Commoros Islands may have been a very wise switch, although hypocrite!
NOW a complaint can be filed, and taken upon by the ICC!
Otherwise it would have caused a huge, uncontrollable diplomatic conflict!
NOW the ICC can, and has accepted the complaint and the Court can sit on it!
Just my opinion!
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Anyone recall the flag which the Dignity sailed under carrying former Congresswoman Cynthia McKinney? Israel had no problems even though it rammed and practically sank the boat.
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At the following link there could be more info on that:
http://latimesblogs.latimes.com/babylonbeyond/2008/12/gaza-aid-boat-d.html
I think that the flag seen is the Lebanese flag, but anyone with better view and or info do correct me!
Adrian
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The issue at Law is the fact that Khazar Proselytes cannot be Israel as Israel cannot be a “Jewish” state of mind…Talmudia…{stool sculpture deity cult compound}
despite their chutzpah / Lies and protests to the contrary… & Threats of nuclear annihliation included…..notwithstanding.
http://kennysideshow.blogspot.com/2013/05/guest-post-from-salina-khan.html
….calling Elephants Giraffes doesn’t make it so.
http://www.israelect.com/reference/Willie-Martin/
the point that I am trying to make is that appealing to servants or “Institutions” established to LOOK THE OTHER WAY is a virtual waste of time…
http://indigenouspeoplesissues.com/index.php?option=com_content&view=article&id=17570:israel-bedouin-resist-israeli-shove&catid=29&Itemid=62
if the issue is in fact one of JUSTICE….and not just trying to avoid the offense of stepping on the toes of zionist hasbara agents…
http://buelahman.wordpress.com/2013/05/15/its-all-in-the-acoustics/
The whole world must unite against LIES and Lying MURDERERS…for filthy lucre.
http://www.worldjewishcongress.org/en/issues/6
you know…like for Truth & Justice…
is there truly any evidence that there were in fact “Yiddish” speaking Khazar “Jews” from Khazaria living in Ancient Egypt ?
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