Maritime Arrangements in the Sea off the Coast of Gaza and Underlying Principles of International Maritime Law

The following is a summary of the current arrangements in effect with regard to the sea off the coast of Gaza from a legal point-of-view:
· In light of the ongoing security situation in the Gaza Strip, Israel has issued an advisory notice warning all foreign vessels to remain clear of the designated maritime zone off the coast of Gaza.
· Israel is engaged in ongoing security operations off the coast of Gaza in order to prevent seaborne terrorist attacks and the smuggling of arms and terrorist personnel into Gaza, in accordance with accepted practices of self-defense under international law and in accordance with the responsibility vested with the Israel Navy under the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip (1995) (hereinafter: the "Interim Agreement").
· It should be noted that as part of these preventative efforts, the Israel Navy has, in recent years, succeeded in thwarting arms smuggling attempts by Palestinian vessels and has confiscated significant amounts of explosive materials and weapons in the maritime areas off the coast of Gaza.
· It should be stressed that under International Law, Israel has the right to employ appropriate defensive measures in the sea off the coast of Gaza in order to ensure the security of its borders and citizens.

· It should be further stressed that, following implementation of the Disengagement Plan in 2005, the Israel Navy has continued to exercise its authority in the sea off the coast of Gaza in light of the security situation, in accordance with the arrangements set forth in the Interim Agreement.

· The Interim Agreement divides the sea off the coast of Gaza into three maritime zones: K, L, M, all 20 nautical miles in length, as measured from the coast of Gaza. Zones K and M are narrow areas designated as "closed zones" bordering Israel and Egypt, respectively, while Zone L constitutes the remaining maritime area off the coast of Gaza.

· The Interim Agreement sets forth explicitly that the Israel Navy is exclusively responsible for the safety and security of all of the maritime zones off the coast of Gaza, and is authorized to move freely throughout all three zones and undertake all actions necessary in order to prevent, inter alia, terrorist activity, the infiltration and the smuggling of arms, drugs and goods, and any other illegal activity.

· Furthermore, the Interim Agreement sets forth explicitly that no foreign vessel shall be allowed under any circumstances to enter the designated maritime areas off the coast of Gaza.

· In addition, the Interim Agreement stipulates that pending construction of a seaport in Gaza (by mutual agreement between the parties), all arrangements for entry and exit of vessels, passengers and goods by sea in transit to the West Bank and the Gaza Strip shall be made via Israeli ports, in accordance with applicable Israeli regulations. In this context it should be stressed that no port exists in Gaza that meets international maritime safety or other standards.

· In light of the role defined for the Israeli Navy under the Interim Agreement, Israel is responsible for enforcing the provisions of the agreement, as set forth above, and for taking all necessary measures in order to maintain peace and security in the sea off the coast of Gaza.

· It is important to emphasize that the above arrangements were undertaken by mutual consent by both the Palestinians and Israelis and witnessed by the United States, Russia, Egypt, Jordan, Norway and the European Union.

· Moreover, the international community has embraced the Interim Agreement and has called - and continues to call - upon both sides to respect and act in conformity with their obligations thereunder. Entry by a foreign vessel into the sea off the coast of Gaza in disregard of the arrangements established by such agreement undermines the mutual understandings that have already been achieved and mutually agreed upon by Israel and the Palestinians.

· In this context, it is also worth noting the principle of innocent passage. Under customary international maritime law, coastal states are bound to allow the innocent passage of foreign ships in their territorial waters.

· The passage of ships is considered non-innocent under international maritime law if, inter alia, the ship seeking passage engages in activities that involve:
- the threat or use of force against the sovereignty, territorial integrity or political independence of the coastal state;
- any act of propaganda aimed at affecting the defense or security of the coastal state;
- the loading or unloading of any commodity, currency or person contrary to the laws of the coastal State;
- any other activity not having a direct bearing on passage.
· From the above definition, it is clear that the civilian boats headed towards Gaza are seeking passage that is not innocent in nature and clearly aim to engage in acts of propaganda and possibly unload goods in a manner contrary to current binding arrangements.

· In the event of non-innocent passage, coastal states have the right to undertake proportionate action, as necessary, to prevent non-innocent passage in their territorial waters.


מח' מידע ואינטרנט – אגף תקשורת
14 אוגוסט 2008