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An American solidarity activist was shot in the face with a tear gas canister during a demonstration in Qalandiya, today. Emily Henochowicz is currently in Hadassah Hospital in Jerusalem undergoing surgery to remove her left eye, following the demonstration that was held in protest to Israel's murder of at least 10 civilians aboard the Gaza Freedom Flotilla in international waters this morning.This YouTube video, posted by RussiaToday, appears to show Emily being carried to safety following a protest in Qalandiya.
21-year old Emily Henochowicz was hit in the face with a tear gas projectile fired directly at her by an Israeli soldier during the demonstration at Qalandiya checkpoint today. Israeli occupation forces fired volleys of tear gas at unarmed Palestinian and international protesters, causing mass panic amongst the demonstrators and those queuing at the largest checkpoint separating the West Bank and Israel.
A word on the legal position, which is very plain. To attack a foreign flagged vessel in international waters is illegal. It is not piracy, as the Israeli vessels carried a military commission. It is rather an act of illegal warfare.
Because the incident took place on the high seas does not mean however that international law is the only applicable law. The Law of the Sea is quite plain that, when an incident takes place on a ship on the high seas (outside anybody’s territorial waters) the applicable law is that of the flag state of the ship on which the incident occurred. In legal terms, the Turkish ship was Turkish territory.
There are therefore two clear legal possibilities.
Possibility one is that the Israeli commandos were acting on behalf of the government of Israel in killing the activists on the ships. In that case Israel is in a position of war with Turkey, and the act falls under international jurisdiction as a war crime.
Possibility two is that, if the killings were not authorised Israeli military action, they were acts of murder under Turkish jurisdiction. If Israel does not consider itself in a position of war with Turkey, then it must hand over the commandos involved for trial in Turkey under Turkish law.
In brief, if Israel and Turkey are not at war, then it is Turkish law which is applicable to what happened on the ship. It is for Turkey, not Israel, to carry out any inquiry or investigation into events and to initiate any prosecutions. Israel is obliged to hand over indicted personnel for prosecution.
The Israeli army and navy, under direct supervision and orders from the Israeli government, prepared a plan dubbed “Operation Sky Wind” to attack the Freedom Flotilla” heading to Gaza and kidnap and the activists onboard.