Q. Did Israel commit piracy?
The short answer is no, states U.S. Navy Commander James Kraska, who teaches international humanitarian law (IHL, otherwise known as the Law of War) at the U.S. Naval War College. Article 101 of the United Nations Convention on the Law of Sea defines piracy as 'a private act, typically with some sort of pecuniary interest. And by private, that means it's not going to be a governmental act,' he explains.
Q. Can Israel intercept a blockade-runner in international waters?
Speaking in a private capacity, Major John Dehn, a law professor at the West Point Military Academy, says that, if a state has instituted a legal blockade, then it can board neutral ships in international waters. However, there must also be a reasonable belief that 'the vessel is trying to breach a blockade, and after prior warning they intentionally and clearly refuse to stop, or intentionally and clearly resist visit, search or capture.'
In radio exchanges with Israeli navy personnel on May 30, the flotilla crew made it clear that they intended to run the Gaza blockade. Therefore, Israel was well within its rights to stop the boats."
