September 2, 2011 Leave a comment
The Palmer report is finally out after weeks of delay allowing the Israelis to reach an agreement with the Turks, who insisted that Israel apologizes for the killing of their civilians in the Flotilla in 2010 and compensates the families financially.
Unlike previous reports such as the Goldstone report, the Palmer report was conducted under the sponsorship of the UN Secretary General Ban Ki Moon, rather than the Human Rights Council, which has been accused by Israel, the US and even Goldstone himself amongst others of bias against Israel. This very important fact enabled Israel to cooperate fully rather than to confiscate it under the claim that it has no mandate.
The report itself is a 105 pages document, which bases its findings on the two independent investigations done by Turkey and Israel, as well as examining independent evidence. As expected the two investigations varied significantly on some fundamental points. For example the Turkish government claims that the blockade on Gaza is illegal, because it does not follow the naval agreement protocol as well as, the fact that Gaza does not qualify as an international conflict. The Israelis on the other hand, claim that it is an international conflict between two governments and that it has followed the correct protocol in enforcing the blockade.
Other points of dispute are: the validity of Israel to board the ships in order to stop them, whether this was a humanitarian mission or publicity stunt as well as whether the ships changed their course to Egypt after the Israeli navy warnings. Both reports included their interpretation of the events and one could see that both reports were written with an agenda.
Israel in general should be quite pleased with the report, as it clearly determines that the blockade over Gaza is a defence measure and therefore legal. The report also examines the timelines and events and determines that there is no reason to believe that the naval blockade is tied together with the land restriction of transferring goods and furthermore, does not appear to be a collective punishment measure, as it corresponds with security events, rather than political moves. Basing their facts on communication prior to the boats leaving and throughout the journey, the report determines that there is no reason to believe that publicity was not a main goal of IHH and accordingly that the boats did or would change their destination to Egypt.
Turkey on the other hand did not come off the report lightly. The report did recognize that the government advised the IHH people not to risk themselves by travelling to Gaza and trying to break the blockade, however the report found that they did not do enough to stop them.
While it was determined that Israel had the right to defend the blockade, Israel was criticized harshly for the planning of the operation. One of the main points was Israel’s failure to reassess the situation after the military’s speed boats sailing alongside the Mavi Marmara were attacked by projectiles. The panel examining the facts believed that more could have been done to stop the ship from continuing prior to boarding it with soldiers. The other main criticism was that once the soldiers were on board there was excess violence used., since some of the dead were injured from shots from close range as well as in their back.
The conclusion of the report is that this encounter should have never happened in the first place. It blamed the IHH of being reckless in trying to break the blockade as well as for organized violence and intentions of publicity rather than practicality of supplying aid into Gaza. For example the report argued that the Mavi Marmara was too big for the Gaza port, which meant that had it reached Gaza, the goods would have had to be offloaded onto smaller boats out at sea, this would be much less practical than delivering the goods by land via Egypt. Another conclusion was that Israel did use excess force and should therefore express regret and pay financial compensation to the families of the dead.
While this report is probably the least damning report about Israel to come out of the UN in the last 30 years, there is still a sense amongst Israelis that it was watered down, in order not to vilify Turkey as well as leave an opening for a Turkish-Israeli reconciliation. For example the report does not recognize that during battle there is always room for errors and uncertainty, which does not fall under anyone’s responsibility, nor did they consider that some of the dead were shot in the back or from close range as a result of the intense combat. It is not unreasonable to believe that one soldier seeing a fellow soldier attacked and in danger next to him, would shoot the attackers to prevent harm to the soldier, this shot is more likely to be to the back rather than the front and it is not any less valid or necessary if it is taken from close range.
However despite the watering down that may or may have not been applied, the report had not managed to make things better between Turkey and Israel. The Israeli government after long considerations of the impact of a cold relationship with Turkey, decided not to apologize to the Turkish government and not to compensate the families of the dead. Israel did, express regret about the deaths, but was adamant about its right to protect itself and enforce the blockade. Furthermore, the report was only due to come out on the 2nd of September, however, it was leaked to the media a day earlier and as a result Turkey has called a press conference, in which it accused Israel of leaking the report and declared a list of measures it would take against Israel. Some of these measures include downgrading the diplomatic relationship between the countries, stopping the military cooperation, supporting the Palestinian state vote in the UN and aiding Turkish citizens wishing to sue Israel in the international court of law. It must be said that most of these actions, while not official, were already happening in practice since the Flotilla in 2010.
Interestingly, despite the report being produced by the UN, Turkey’s Foreign Minister Davutoglu has already said that he does not recognize the report’s conclusions as valid. These statements, while harsh, are probably a comforting point to Israel, since it seems that Turkey is not being reasonable and had Israel apologized as requested, it would have made little difference to the already deteriorating relationship. It will also be interesting to see the choices Turkey makes, as it seems like its position in the Middle East is quickly being compromised with Syria’s regime being toppled, shortly after tightening their relationship, the Kurdish community carrying out more daring operations and as a result reprisals from the Turkish army killing hundreds drawing some criticism and Iran suffering economic difficulties, as China is slowly moving to the US’s side and reducing its trade with it.