Investigation: Gaza's maritime space

As we have mentioned on this website before, Palestinians have a recognized maritime space in the Mediterranean Sea off the coast of the Gaza Strip.

In a map attached to the Oslo Accords in 1994 and 1995, Gaza’s maritime space is recognized by an agreement with Israel, which was witnessed (is this a guarantee?) by the United States, Russia, and Egypt.

Gaza’s maritime space extends 20 miles off Gaza’s coastline, straight out into the Mediterranean Sea.

This is where Israel has imposed a formal declared naval blockade.

In the map attached to the Oslo Accords, Gaza’s maritime space includes zone L for fishing and economic activities.  This was upheld by an Israeli court when challenged by Israeli interests in the year 2000. (Though it was not announced at the time this map was first prepared, in 1994, it is clear that Israeli and possibly also Palestinian negotiators were aware of natural gas deposits that lie off the Gaza Coast — conveniently, the Gaza Marine wells  fall, for the most part, just within the Oslo definition of Gaza’s maritime space.)

It is limited by two special security zones:
(1) the first, zone K, 1.5 miles deep, running along the top of this maritime space, abutting Israeli territorial water; and
(2) the second one, zone M, is 1 mile deep. running along the bottom of this maritime space, abutting Egyptian territorial waters.

According to the Oslo Accords, Israeli has security control of both of the special zones (M and K).

A beautiful clean clear version of the Oslo Accords map of Gaza’s maritime space — from the U.S. State Department archives — can be seen here (click on MEDIUM or LARGE if  the very large ORIGINAL is hard to navigate, though it is by far the most clear version).

A less clear version of the map of Gaza’s maritime space attached to the Oslo Accords is posted on the website of the Israeli Ministry of Foreign Affairs, here.

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Formal + declared Israeli naval blockade of Gaza’s Maritime Space

On 3 January 2009, as we reported at the time here, Israel declared a formal naval blockade of Gaza’s maritime space, during the IDF’ s three-week unprecedented military attacks in Gaza (against Hamas targets, it was stated).  It was announced and went into effect on the day Israel started the ground operation phase of  Operation Cast Lead (27 December 2008 to 18 January 2009).

The announcement of the Israeli naval blockade went unchallenged at the time.

The required public notification of this naval blockade  is published as a Notice to Mariners from the Israeli Navy which can be found on the Israeli Ministry of Transportation website, here. (The given publication date is 6 January 2009, three days after the blockade went into effect) 

It is not entirely clear, however, that this Notice to Mariners was actually published in January 2009, or whether it could have been rather more recently.

In addition, there does not appear to be notification on the website of the UK Hydrographic Office (http://www.ukho.gov.uk), which is one of the main world-wide reference sites for such information, particularly of this significance.

NO. 1/2009 Blockade of Gaza Strip
Tuesday, 06 January 2009 00:00

1. Subject: Blockade of Gaza Strip
2. Source : Israeli Navy

All mariners are advised that as of 03 January 2009, 1700 UTC, Gaza maritime area is closed to all maritime trafic [sic] and is under blockade imposed by Israeli Navy until further notice.

(see below for the coordinates …)

I discovered this Notice to Mariners about the Israeli naval blockade of Gaza’s maritime space only very recently (in early June), from a  tip-off left, pseudonymously, in a comment posted on my blog.

Previously, Israeli military spokespersons did not reply to any of my requests, over an extended period of time, for information about where this notice was published, and — more recently — whether or not the naval blockade was still in effect.

On 25 May 2010 (five days before the Israeli Navy’s capture of six ships sailing together toward Gaza as a Freedom Flotilla), the Israeli Ministry of Foreign Affairs (MFA) sent around a message featuring a Youtube interview (conducted by themselves) with one of the MFA legal experts, Sarah Weiss Maudi, who said to the camera: “The reason why ships can’t come into Gaza currently is because a maritime blockade is currently in effect off the coast of Gaza. Such a blockade has been imposed by Israel because Israel is currently in a state of armed conflict with the Hamas regime that controls Gaza.  Hamas has repeatedly bombed civilian targets in Israel proper with weapons that have been smuggled into Gaza by various routes, including the sea.  Under international maritime law, when a maritime blockade is in effect, no vessels can enter the blockaded area. That includes both civilian vessels and enemy vessels.  Any vessel that violates or attempts to violate the maritime blockade may be captured or even attacked.  Maritime blockades are a legitimate and recognized measure under international law, and may be implemented as part of an armed conflict at sea”.

Was there an “armed conflict at sea” ?

Weiss Maudi is, the MFA says, the ministry legal expert on maritime and humanitarian law — but she is very young. No senior Israeli government official spoke so clearly, publicly, on these matters — until the day after the Israeli naval raid at sea of six ships travelling together in what they called a Freedom Flotilla.

Weiss Maudi duly noted “the requirement to give due notice” of the blockade, and to “publicize the existence of the maritime blockade in effect” — and, she says, Israel has “published the exact coordinates of the blockade via the accepted international professional maritime channel”. (See the Youtube video — here — starting at 1’16”.

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Recent Israeli claim of sovereignty on part of Gaza’s maritime space?

Israel, like many countries in the world, claims a 12-mile territorial sea off its shoreline.

But Israel now also, since 2009, seems to claim 3 miles out to see all along Gaza’s coastline, according the British Admiralty notices to mariners: “reduced to 3M off Gaza” – see footnote 17 on latest list of Maritime Claims here, from the UK Hydrographic Office (www.ukho.gov.uk).

In fact, this footnote on Israel’s claim looks rather like a new territorial claim — for whatever reason — 3 miles of water out from Gaza’s shores, and it adds one more question that must be addressed by those who argue that Israel’s occupation of Gaza ended with Israel’s unilateral “disengagement” in 2005.

[To find national claims to jurisdiction, go here, then choose number 12 on list: National claims to Maritime Jurisdiction.]

(It should be noted that there are also, now, new references in the Israeli media to a new “extended” definition of Israel’s territorial waters.  These are apparently related to recent discoveries, in 2009 and 2010, of large deposits of undersea natural gas found some 60 miles off the coast of Haifa — both the Tamar and the Leviathon deposits.)

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Israel’s Notices to Mariners + The Free Gaza Movement

The Free Gaza movement began a series of eight of its own expeditions to “break the siege” of Gaza, starting in August 2008.

Two Israeli Notices to Mariners concerning Israeli restrictions in Gaza’s maritime space were issued at that time in an apparent effort to discourage the Free Gaza Movement.

In total, there were eight Free Gaza expeditions departing from Cyprus to Gaza — six in 2008, and two in 2009.   After initial threats, the early expeditions managed to arrive safely and without incident in Gaza.  It was explained at the time that there had been a decision by the Israeli political echelon to let the boats through in order not to allow the Free Gaza activists a “propaganda victory”.

The Israeli response evolved — and escalated.

Two of the last three Free Gaza expeditions actually took place during massive military activities of the IDF’s Operation Cast Lead:
(1) On 30 December 2008, the Free Gaza movement reported, “Israeli gunboats deliberately and repeatedly rammed the DIGNITY, almost sinking that ship” — it limped into a Lebanese port for months of efforts at repairs. Four days later, the formal Israeli naval blockade was declared.

(2) In mid-January 2009, the Free Gaza organizers sent the SPIRIT OF HUMANITY.  Challenged at sea by the Israeli Navy, the participants decided to turn back, and announced: “We had no choice” and ” Rather than endanger the lives of its passengers, the SPIRIT is now returning to Cyprus“.  We reported this fully earlier here, and here.   In fact, on 15 January 2009, the Free Gaza movement reported that “At roughly 3am UST (1am GMT), in international waters 100 miles off the coast of Gaza, at least five Israeli gunboats surrounded the SPIRIT OF HUMANITY and began recklessly cutting in front of the slow-moving civilian craft. The Israeli warships radioed the SPIRIT, demanding that the ship turn around or they would open fire and ‘shoot’. When asked if the Israeli navy was acknowledging that they intended to commit a war crime by deliberately firing on unarmed civilians, the warships replied that they were prepared to use ‘any means’ to stop the ship” … The Free Gaza message also states that “Israel’s reckless and shocking threats against an unarmed ship on a mission of mercy are a violation of both international maritime law and the UN Convention on the Law of the Sea, which states that ‘the high seas should be reserved for peaceful purposes“.  This is posted here.

At the end of June 2009, nearly six months after the Gaza war, the last Free Gaza-led expedition set off, also in the SPIRIT OF HUMANITY that  sailed from Cyprus despite strong warnings from the Cypriot authorities.  The Israeli Navy intercepted, boarded, and forced the ship to proceed (it may have been towed) to Ashdod Port.  The activists on board were detained for about ten days.  Much, but not all, of the aid on board eventually was sent to Gaza.

More recently… despite the formal Israeli naval blockade, and the evident intention of Israel to enforce it, the Free Gaza movement reported in early May this year that John Ging, the Director of Operations of the UN Relief and Works Agency for Palestine Refugees (UNRWA) in Gaza, “called upon the international community to break the siege on the Gaza Strip by sending ships loaded with humanitarian aid”. Ging actually said, according to the Free Gaza movement, that “the sea is open”.

Ging apparently said these words to former UN Assistant-Secretary-General Dennis Halliday, who was himself a participant in the Freedom Flotilla, and sailed on board the MV Rachel Corrie before it was intercepted 35 miles off Gaza on 4 June.

The intentions of the Freedom Flotilla were announced months ahead of the expedtition that finally met up and set off towards Gaza at the end of May.  It was by far the largest effort by activists to date, and involved a new coalition grouping that had, for the first time the addition of a Turkish humanitarian relief organization IHH.  There were to be some nine ships, it was announced, and nearly 1,000 passengers, as well as some 10,000 tons of aid and civilian supplies.

The Free Gaza movement categorically rejected repeated Israeli offers (which Israel is still making) to deliver aid (any aid? all aid?  this appeared to be negotiable) to Gaza if activists would only bring it to Israel’s Ashdod Port, instead.

However, the Free Gaza movement spurned this offer.  In a statement published on the website, IrishinGaza, the Free Gaza movement argued  that “Israel claimed that its blockade is directed simply at the Hamas government in Gaza, and is limited to so-called ‘security’ items. Yet when U.S. Senator John Kerry visited Gaza last year, he was shocked to discover that the Israeli blockade included staple food items such as lentils, macaroni and tomato paste. Furthermore, Gisha, the Israeli Legal Center for Freedom of Movement, has documented numerous official Israeli government statements that the blockade is intended to put ‘pressure’ on Gaza’s population, and collective punishment of civilians is an illegal act under international law … Israel claims that if we wish to send aid to Gaza, all we need do is go through ‘official channels,’ give the aid to them and they will deliver it. This statement is both ridiculous and offensive. Their blockade, their ‘official channels,’ is what is directly causing the humanitarian crisis in the first place … From fuel and electricity cuts that hinder the proper functioning of hospitals, to the deliberate obstruction of humanitarian aid delivery through Israeli-controlled borders, Israel’s policies towards the Gaza Strip have turned Gaza into a man-made humanitarian disaster … Given the continuing and sustained failure of the international community to enforce its own laws and protect the people of Gaza, we strongly believe that we all, as citizens of the world, have a moral obligation to directly intervene in acts of nonviolent civil resistance to uphold international principles. Israeli threats and intimidation will not deter us. We will sail to Gaza again and again and again, until this siege is forever ended and the Palestinian people have free access to the world“.   This is posted here.

On 27 May, IrishinGaza published a press statement (that, it indicated, was written by the Free Gaza team on 25 May, datelined Crete,  and entitled “We will resist Israel’s attempts to stop us“), stating: “Reports coming from the Israeli Navy say they will jam the flotilla’s signals and communications, isolating those on board the ships, and barring the world from witnessing what could become a confrontation or prolonged naval stand-off. The strategy of the Freedom Flotilla, however, is to resist any attempts by the Israeli Navy to hijack its ships or to divide cargo ships from passenger vessels. ‘The message from Israel is clear: ‘We will stop you. And no-one can prevent us from stopping you’. said Free Gaza chair, Huwaida Arraf.   ‘However, we will non-violently resist Israeli attempts to seize our boats’.  Thousands of people have contributed to making this flotilla a reality, and the people of Gaza are expecting us. ‘We will not allow our flotilla to be divided. We will stay with our cargo ships – they are the core of the flotilla carrying essential construction materials denied entry into Gaza – cement, steel, and houses … Ewa Jasiewicz added, ‘We are not breaking the law, we are upholding it. We are acting out of necessity to prevent a greater crime from taking place – the collective punishment of 1.5 million people imprisoned in Gaza’.”   This statement was published here.

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The Evolution of Israeli Restrictions in Gaza’s Maritime Space

Some — but only some, and not all — of the Israeli Notices to Mariners are published on the site of the UK Hydrographic Office, which is a world-wide reference.   To find Notices to Mariners published on the UKHO website, go here here,and enter chart number 2634 (Beirut to Gaza) — and that brings you here.

Some other Israeli Notices to Mariners are published on what is appears to be a partial list of Israel’s Notices to Mariners, posted on the website of the Israeli Ministry of Transport, here.

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In 2004, prior to Israel’s unilateral “disengagement” from Gaza, these Israeli Notices to Mariners (Resttricted area + cautionary note) were published on the UKHO website:

2454/2004 ISRAEL – Mediterranean Sea Coast – Ashqelon South-westwards – Restricted area.
Source: Israeli Notice 5/04
Chart 2634 ED50 DATUM
Insert limit of restricted area, Ç, joining:
(a) 31° 35´·18N., 34° 28´·34E.
(b) 31° 35´·45N., 34° 29´·29E. (shore)
(c) 31° 46´·57N., 34° 09´·79E.
(d) 31° 45´·32N., 34° 08´·82E.
legend, Security Area K, within: (a)-(d) above

2846/2004 ISRAEL – Mediterranean Sea Coast – Ashqelon South-westwards –
Legend. Cautionary note.
Source: Israeli Notice 5/04
Chart 2634 ED50 DATUM
Amend legend to, Security Area K (see Note), centred on: 31° 41´·5N., 34° 17´·2E.
Insert the accompanying note, SECURITY AREA K, centred on: 31° 35´·5N., 35° 00´·5E.
Cautionary-Note-Magenta

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In 2006, new or modified (expanded?) limits for restricted areas were published on the UKHO website:

3696/2006 ISRAEL – Mediterranean Sea Coast – Ashqelon Westwards – Restricted areas.

Legends.
Source: Israeli Notice 6/06
Chart 2634 ED50 DATUM
Insert limit of restricted area, Ç, joining:
31° 35´·9N., 34° 29´·6E.(shore)
31° 37´·8N., 34° 27´·1E.
31° 38´·8N., 34° 27´·8E.
31° 44´·0N., 34° 18´·7E.
31° 42´·6N., 34° 17´·6E.
31° 35´·8N., 34° 29´·5E.(shore)
and
31° 41´·7N., 34° 22´·7E.
31° 40´·5N., 34° 21´·8E.
31° 37´·6N., 34° 26´·7E.
31° 38´·9N., 34° 27´·6E.
legend, Area No 611, centred on: 31° 42´·5N., 34° 19´·0E.
legend, Area No 611A , centred on: 31° 40´·0N., 34° 24´·0E.

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Meanwhile, in mid-2008, as preparations for the first Free Gaza expedition by sea from Cyprus to Gaza were in full swing, Israeli issued a Notice to Mariners concerning all ships entering Zone L (which it referred to as “Security Area L” ) —  specifically saying that these ships would be “subject to supervision and inspection” .

Published on the website of the UK Hydrographic Office, which offers British Admiralty services here, this notice was clearly designed specifically to deter the Free Gaza efforts:

Chart Update NM 5452/2008 for Chart 2634
SECURITY AREA L
(31° 33´·8N., 34° 10´·6E.)

Vessels are advised to remain clear of Security Area L extending north-westwards
from the coast of the Gaza Strip. Vessels approaching this area are requested to
maintain radio contact with the Israeli Naval Forces on VHF channel 16
and will be subject to supervision and inspection.

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Then, in mid-August 2008, the Israeli Ministry of Transport published this Notice to Mariners on its own website, here :

5452/2008 ISRAEL – Mediterranean Sea Coast – Gaza Westwards –
Restricted area. Legend. Cautionary note.
Source: Israeli Notice 6/08
Chart 2634 ED50 DATUM

No. 6 / 2008 13 August, 2008
All mariners be advised:
Please not the following notice from the Israeli Navy:

1. The Israeli Navy is operating in the maritime zone off the coast of
the Gaza Strip.  In light of the security situation, all foreign
vessels are advised to remain clear of area A in the attached map (a simplified version  of the Oslo map, with different coding).
bound by the following coordinates:

E   –   N
1. 34.10.02   31.46.08
2. 33.56.41   31.33.48
3. 34.29.28   31.35.42
4. 34.13.06   31.19.23

Delivery of humanitarian supplies to the civilian population in the
Gaza Strip is permitted through the land crossings between Israel
and the Gaza Strip, subject to prior coordination with the Israeli Authorities.

2. Vessels approaching the maritime zone off the coast of the Gaza
Strip are requested to maintain radio contact with Israel Naval
Forces on channel 16 and will be subject to supervision and inspection.

3. In accordance with the agreements between Israel and the
Palestinian Authority, entry of foreign vessels to the maritime
zone adjacent to the Gaza Strip is prohibited due to the security
situation and in light of these agreements, foreign vessels are
barred from such entry.

4. This notice is published in order to ensure safe navigation and to
prevent vessels from approaching areas in which their safety may
be endangered due to the security situation in those areas.

ADVISORY NOTICE (MARITIME ZONE OFF THE COAST OF GAZA STRIP) – AUG. 11, 2008

This is published here.

.

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Finally, when the formal Israeli naval blockade was declared on 3 January 2009, it was published on the website of the Israeli Ministry of Transport (date of publication – 6 January 2010?)

NO. 1/2009 Blockade of Gaza Strip

Tuesday, 06 January 2009 00:00

1. Subject: Blockade of Gaza Strip
2. Source : Israeli Navy

All mariners are advised that as of 03 January 2009, 1700 UTC, Gaza maritime area is closed to all maritime trafic [sic] and is under blockade imposed by Israeli Navy until further notice.

The Notice to Mariners continues: