Legal Opinion by Hüseyin Dişli, Legal Advisor of the Freedom Flotilla Coalition, on Israel's Attack on the Conscience Ship:
"The Freedom Flotilla is not a symbolic protest movement; it is a legitimate and legal initiative of last resort, compelled by the grave negligence of the international community in stopping the ongoing genocide against the Palestinian people in Gaza—particularly the campaign of extermination through starvation. The organizers and passengers of this mission are doing what the states, which have deliberately abandoned their binding legal obligations, have failed to do. This humanitarian convoy must be recognized and protected as a lawful initiative under international law. Any state that refuses to provide a port, logistical support, or protection to the Freedom Flotilla will be complicit in violations of international humanitarian law and the Genocide Convention.
Any attack against the Freedom Flotilla constitutes a multi-layered violation of international law. The law is clear: the ships of the Freedom Flotilla have the right to free navigation in international waters. All states—including Israel—are not only obliged to refrain from obstructing this passage but are also responsible for facilitating the delivery of humanitarian aid to Gaza. Yet, Israel envisions an international legal order that serves its genocidal policies.
If the armed conflict between Palestinians and the Israeli regime is classified as a non-international armed conflict, then the imposition of a blockade cannot be deemed a legitimate measure. In such a case, the applicable legal regime would be the Law of the Sea, under which state vessels have the right to innocent passage through territorial waters. Therefore, both the blockade and any interference with a ship carrying humanitarian aid are unlawful.
On the other hand, if the conflict between the Palestinians and the Israeli regime is deemed an international armed conflict, the blockade remains unlawful. According to the International Court of Justice’s Advisory Opinion from July 2024, Israel is considered an occupying power over Gaza, and under the law of occupation, the imposition of a blockade is illegal (See: Declaration concerning the Laws of Naval War, London, 26 February 1909, Article 1). Moreover, a blockade is inherently incompatible with the obligations of a belligerent under International Humanitarian Law—regardless of whether the party has accepted these obligations. A blockade is unlawful unless it is conducted in accordance with the lawful means and methods of warfare. This includes circumstances where a blockade starves civilians, constitutes collective punishment, obstructs life-sustaining resources, or inflicts disproportionate harm relative to its military advantage (See: Additional Protocol I, Articles 51 and 54; San Remo Manual, paragraphs 102–104). Under these conditions, the continuation of the blockade is not only illegal, but also obliges Israel to actively facilitate, not obstruct, initiatives like the Freedom Flotilla. Thus, the Israeli blockade is inherently and entirely unlawful, as it blatantly violates the principle of proportionality, has been preliminarily determined to constitute genocide, and renders all of Israel’s defenses and justifications invalid.
Failing to persuade various governments to halt the aid flotilla and failing to intimidate the participants—including activists, healthcare workers, humanitarian personnel, journalists, and state representatives—Israel has used its influence over current and potential flag states. Before the flotilla even set sail, all possible bureaucratic obstructions were employed. Ultimately, as explained above, even actions like stopping, inspecting, or denying passage to the flotilla ships are illegal. Yet Israel has gone further by directly attacking the Conscience ship. Israeli terror has reached the doorstep of Europe.
Because the mission of the flotilla aligns with the provisional measures ordered by the International Court of Justice, protecting the flotilla is a legal obligation for all states—and a moral responsibility for all peoples. Providing political, military, or diplomatic support to the peaceful and lawful Freedom Flotilla, or at the very least not obstructing it, is a duty under international law. This is confirmed by the ICJ’s ruling of 26 January 2024 and UN Security Council Resolution 2728. The duty to prevent genocide includes not only the obligation to stop it but also to take active preventive measures (See: Bosnia and Herzegovina v. Serbia).
Therefore, we call on all peoples of the Mediterranean region: go to the nearest ports in your countries, protest, and invite the Freedom Flotilla ships to dock. Make this demand clear to your governments.
We call on all states to act by all necessary means to ensure the safe and unhindered passage of the flotilla. We call on states and UN bodies to provide civilian or military escort to the flotilla within the framework of international law and the Responsibility to Protect (R2P). This is essential to prevent further attacks and ensure the safe delivery of humanitarian aid to Gaza. Failing to publicly support, protect, or provide port access or safe passage to the flotilla—especially after this attack—constitutes a violation of obligations and participation in the crime.
It is now clear that Israel’s actions aim to block, seize, and destroy the aid intended for Gaza, and to prevent the breaking of its unlawful blockade. But, as Ismail Beheshti Songür once said, “What Israel fears will inevitably come to pass.”