What is Israel doing, exactly, off Gaza's coast?

Via a Tweet [by the IDF’s own Peter Lerner, @ptrlrnr] on Twitter, our attention was drawn to an Opinion piece published in the Los Angeles Times here in which the author, Amos N. Guiora, identified as a professor of law at the University of Utah’s S.J. Quinney College of Law, professor, wrote: “Since Hamas gained control in Gaza, Israel has carefully controlled the borders, and it established the sea blockade three miles off Gaza’s shoreline“.

Well, this is a broad brushstroke.

But, before unpacking the various components of the phrase, the last part of the phrase attacks immediate attention: “Since Hamas gained control in Gaza, Israel has … established the sea blockade three miles off Gaza’s shoreline“.

This is puzzling, and warrants close examination.

On 3 January 2009, we published a post on the formal announcement of the Israeli naval blockade of Gaza’s maritime space, here.

After many inquiries, I was informed — some 15 months later — that it was published, supposedly on 6 January 2009, which is three days after it was announced on the website of the Israeli Ministry of Transport [controlled, of course, by the Israeli government].   This does raise some questions — especially as this notice was not published on the main global reference site, which is that of the UK Hydrology Office.

This formal Israeli Notice to Mariners (No. 1 of 2009), entitled “Blockade of Gaza Strip“, is published here.

Since then, however, there has been something new.

We first drew attention to this in a review of the situation we published on 14 July 2010, entitled “Investigation: Gaza’s maritime space”, which is posted here.

This new element is apparently unchanged.

The UK Hydrology Office is the main reference for global maritime claims, and the most recent “National Claims to Maritime Jurisdiction” posted on its website still indicates, as we’ve reported previously, as it has for at least the past year-and-a-half, that Israel claims a 12-Nautical Mile territorial sea — with a footnote: and this Footnote 17 (Israel) states that Israel’s claims are “reduced to 3M off Gaza”.

It appears that Israel is now claiming (and has been since at least the end of 2010), as part of its own territorial sea, some 3 nautical miles off Gaza’s coast. This is the area to which Palestinian fishing has largely been restricted.

The Israeli Navy would, it seems obvious, not put seas that it claims as its own under embargo.

So, if the article Tweeted by the IDF’s Peter Lerner is correct (and if we understand it correctly), then the Israeli-proclaimed maritime embargo starts at 3 miles off the coast and extends to the 20 miles designated in maps attached to the Oslo Accords and signed by the parties and witnessed by the U.S. and Russia.

This would be consistent with information about where other ships have been intercepted by the Israeli navy in the past year or so.

We have previously asked the Israeli authorities about their limits of their naval embargo, and related questions, without response.

Continue reading What is Israel doing, exactly, off Gaza's coast?

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.

Continue reading Investigation: Gaza's maritime space

Gaza's Maritime Space – the Olso Map

A beautiful clean clear version of the Oslo Accords map of Gaza’s maritime space — where Israel has declared a formal naval blockade that went into effect on 3 January 2009, as the IDF began its ground offensive during Operation Cast Lead in the Gaza Strip, from the U.S. State Department archives, here:

Many thanks, again, to Aletheia Kallos for kindly posting this.

Pondering Israel's naval blockade of Gaza

Israel has asserted its security control over Gaza’s maritime space, but it does not have title to these Mediterranean waters — nor has Israel ever asserted a territorial claim on them.
Continue reading Pondering Israel's naval blockade of Gaza

Israel announces naval blockade of Gaza

The IDF spokesperson has announced a naval blockade of Gaza.

This announcement says that “In accordance with the decision of the Defense Minister and current security assessments, as of Saturday January 3rd, 2009, the IDF has begun enforcing a naval blockade for 20 nautical miles from the Gaza Strip. The length of Gaza’s shore is used by the Hamas terror organization, and the presence of its operatives on the shoreline and in the open sea constitutes a threat against the citizens of southern Israel”.

This announcement will apparently have legal consequences — but it basically encodes a situation that existed previously — and for rather a long time.  Only some five Free Gaza expeditions of international activists have actually managed to pass into and out of Gaza’s maritime space.  And Gaza’s fishermen have been forced to operate, for years, in far less than their alloted, allocated and agreed, fishing territory.

The 20-mile designation is interesting also — it is the limit of a “fishing” (and “economic”) zone allocated to Gaza in the Oslo Accords.

Gaza's maritime space as delimited by Oslo Accords - Israeli MFA website

One of the main aims may be to try to reinforce the Israeli claim that Gaza is not occupied — because Israel is not “controlling” Gaza’s maritime space (which would be one of the tests for a situation of occupation- Rather, the IDF announcement is saying, Israel has “begun enforcing a naval blockade” — which is an act of war, and/or a sign of an actual state of war.

This move also puts pressure on BG negotiators, who have re-opened discussions at Israel’s insistence after freezing them just over a year ago, on the development of the Gaza Gas wells located precisely within this Gaza maritime space … And one of the reasons (though not the main one) why the discussions on this gas deal have not been concluded already is precisely the questions posed about its status with Hamas in power in Gaza…