Bar condemns Global Sumud Flotilla interception

The Malaysian Bar condemns Israel’s interception of civilian vessels as part of the Global Sumud Flotilla and the illegal detention of our Malaysian nationals, which reportedly occurred on international waters off the Gaza coast.

At the time of this statement, 40 vessels were intercepted and 23 Malaysians have been illegally detained by the Israel Defense Forces. Such conduct amounts to violations of customary international law that are codified in international legal instruments, including:

• Articles 17 and 87 of the United Nations Convention on the Law of the Sea
• the Fourth Geneva Convention of 1949
• United Nations Security Council Resolution 2728

Humanitarian assistance to civilians is a right recognised under international law. States have an obligation to facilitate the rapid and unimpeded passage of relief supplies to civilians in need, subject only to impartial and reasonable supervision.

Reports of force being employed against humanitarian vessels raise concerns of breaches of these obligations.

The role of the Malaysian Bar in this context is clear: our statement forms part of a collective professional record that strengthens global efforts to secure humanitarian access, protect civilians and achieve eventual justice.

As the former chair of the UN special committee to investigate Israeli practices affecting the human rights of the Palestinian people and other Arabs of the occupied territories, Mohan Pieris, warned: “Under our watch, we have been permitting the clock to turn back to an era of unchecked barbarity… So I ask the question: to what end does our silence ultimately serve? Surely, it is serving to tear lives apart, fuel endless cycles of violence, set an entire region ablaze, and dismantle the very protections we established to safeguard humanity – all for the short-term geopolitical interests of a few … I urge each and every one of you: do not turn a deaf ear. History will not forgive or forget our inaction and complicity.”

Given these realities, the Malaysian Bar’s calls for action are as follows:

• While we note the Israeli foreign ministry’s announcement that the detainees are in good health and will be deported to Europe, we stress that Israel must follow through by ensuring full compliance with international law by securing their prompt release.
• Israel must comply fully with the provisional measures ordered in the case of South Africa v Israel by the International Court of Justice (ICJ).
• Israel must comply with the recommendations outlined in Part VIII of the Legal analysis of the conduct of Israel in Gaza pursuant to the Convention on the Prevention and Punishment of the Crime of Genocide by the Independent International Commission of Inquiry on the occupied Palestinian territory, including East Jerusalem, and Israel.
• The government of Malaysia should explore all avenues in supporting the ongoing proceedings before the ICJ in the case of South Africa v Israel.
• The international community must protect civilians and hold Israel accountable for its actions.
• Law societies and bar associations across the globe must persist in holding their governments accountable to the international rule of law.

The Malaysian Bar is in solidarity with those who have been detained, the many more who have been hindered from carrying out humanitarian initiatives, and the civilian lives lost during this crisis.

All parties must be reminded that the protection of civilians is an obligation erga omnes – towards all. – Bar

Mohamad Ezri Abdul Wahab is the president of the Malaysian Bar.

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