The Curious Case of the Freedom Flotilla

Former Ambassador, Human Rights Activist

The departure of the spectacular “Freedom Flotilla” to Gaza carrying 5,500 tonnes of aid has been postponed (again), because the flag state of the major vessels, Guinea Bissau, has withdrawn their registration.

The key question is why the organisers were proceeding with such an unreliable flag state in the first place?

In the 2010 Freedom Flotilla, the vessel Mavi Marmara was boarded by Israeli troops and ten aid workers were executed in cold blood. Just days before sailing, the Mavi Marmara had changed its flag from Turkey to the Comoros Islands.

On a vessel at sea outside the twelve mile territorial limit of a state (as the Mavi Marmara was when boarded), the law that applies is that of the flag state. Had the vessel still been Turkish flagged, the murderers would have been within Turkish jurisdiction and subject to investigation by Turkey and prosecution in Turkish courts.

I flew to Izmir to investigate the case and I concluded that it was Turkish security services who had obliged the change of flag to the Comoros Islands, thus facilitating the Israeli murderous attack.

Plainly the Mavi Marmara incident should indicate to organisers of aid to Gaza the vital necessity of having a vessel registered to a flag state which would be able to react strongly to an attack by Israel on its ship, and indeed whose flag might deter Israel from such an attack.

So it makes no sense to me that the organisers intended to proceed under the flag of Guinea Bissau.

On 8 April I received a Whatsapp message from organisers asking me to publicise the flotilla. This was my reply.

Hi Irfan and thank you. May I ask what are the flag states of the four vessels?
This is extremely important.
The Mavi Marmara organisers made the literally fatal mistake of allowing the ship to reflag to the Comoros Islands before sailing. Outside the 12 mile territorial sea the vessels are under the law of and entitled to the protection of the flag state

After a holding reply I received

Sorry for the late reply. It is still to be confirmed sir

I reiterated

OK, I am very keen that people understand that it is crucially important.
I have always believed pro Israeli security services influenced the change of flag of the Mavi Marmara.
Any Israeli forces boarding the ships beyond the 12 mile territorial limit are subject to the law of the flag state of the vessel. I should be grateful if you confirm to me the organisers fully understand this.

The reply was simply

Thank you sir

I am therefore entirely perplexed that the organisers went with Guinea Bissau as the flag state rather than a state likely to stand up to Israel and the US. Of course it failed.

Is the problem incompetence, or is it again security service influence?

I should make plain that I absolutely support the aims and the strategy of the Gaza Freedom Flotilla. I have several friends on board, and I believe my good colleague Ann Wright is among the organisers. I am however intensely frustrated.

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