A substantial humanitarian convoy, known as the Global Sumud Flotilla, has ventured into a volatile maritime area on its journey to the Gaza Strip. This zone has historically been the site of previous aid missions encountering interceptions and hostilities. Reports from Israel’s public broadcaster, Kan, indicate that the Israeli military is preparing to deploy naval commandos and warships to 'take control' of the fleet. However, it's suggested that not all vessels will be towed, with some potentially being scuttled at sea. The intention is reportedly to apprehend hundreds of activists on board, interrogate them, and subsequently deport them via Ashdod port.
Originating from Spain on August 31st, the Global Sumud Flotilla marks the largest maritime undertaking of its kind bound for Gaza. Comprising over 50 ships and featuring delegations from at least 44 nations, this international initiative seeks to challenge the long-standing naval blockade on Gaza and deliver essential humanitarian assistance to the beleaguered enclave.
This impending confrontation raises a critical legal question: Does Israel possess the authority to intercept vessels navigating in international waters? The answer, according to established international maritime law, is generally no. To understand this, it's crucial to distinguish between various maritime zones. Coastal nations exercise full sovereignty over their 'territorial waters,' extending up to 12 nautical miles (22 km) from their coastline, mirroring their authority over land. Beyond this, an 'Exclusive Economic Zone' (EEZ) stretches up to 200 nautical miles (370 km), where states possess rights over resources and specific economic activities, yet must uphold the freedom of navigation for other nations. France boasts the largest EEZ globally, followed by the US, Australia, Russia, and the UK.
The vast majority of the ocean, approximately 64 percent, constitutes the 'high seas,' which lie beyond any national territorial or economic zones. These waters are not under the control of a single state; instead, their use is governed by a framework of international agreements. The 1982 UN Convention on the Law of the Sea (UNCLOS) is the cornerstone of this governance, affirming the freedom of movement for ships and aircraft across the high seas.
UNCLOS also permits activities such as the laying of subsea cables and pipelines, fishing, scientific research, and the construction of islands, all subject to specific international regulations. Crucially, vessels on the high seas are generally subject only to the jurisdiction of the flag they fly, with exceptions primarily for piracy and certain unauthorized activities.
Numerous "Freedom Flotilla" missions have previously attempted to breach the Gaza blockade since 2010. Almost all were intercepted or attacked by Israeli forces, predominantly in international waters where Israel holds no territorial rights. The most tragic incident occurred on May 31, 2010, when Israeli commandos boarded the Mavi Marmara in international waters, resulting in the deaths of 10 activists, mostly Turkish nationals, and injuring many more. This event ignited widespread international condemnation and severely strained relations between Israel and Turkey.
In 2024, amidst ongoing humanitarian flotilla efforts to Gaza, United Nations experts unequivocally affirmed: "The Freedom Flotilla has the right of free passage in international waters, and Israel must not interfere with its freedom of navigation, long recognised under international law." The current Sumud Flotilla, having traversed international waters, is asserted to have a legal right to navigate and deliver humanitarian aid within Palestinian territorial waters.
Stephen Cotton, the General Secretary of the International Transport Workers’ Federation (ITF), which represents over 16.5 million transport workers globally, strongly condemned such actions. He stated, "The law of the sea is clear: attacking or seizing non-violent, humanitarian vessels in international waters is illegal and unacceptable." Cotton emphasized that such interference endangers lives and compromises the fundamental principles ensuring maritime safety for all, whether on commercial, humanitarian, or fishing vessels. He stressed that states cannot selectively adhere to international law, and the seas must not become a battleground.
The Freedom Flotilla Coalition maintains that its mission is not only fully compliant with international law but also protected by a comprehensive suite of international legal instruments.
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Originally published at: https://www.aljazeera.com/news/2025/10/1/gaza-sumud-flotilla-how-israel-breaks-international-maritime-law
