Israeli Commanders Face Trial in Turkish CourtStephen Lendman, Contributor Theyre accused of ordering the May 31, 2010 Mavi Marmara massacre. Israeli commandos attacked the ship with orders to assassinate targeted victims. Nine Turkish nationals were killed. Dozens more were wounded. Everyone on board was terrorized. Nonviolent humanitarian activists were attacked in international waters. They were trying to deliver humanitarian aid to Gaza. Turkish/Israeli relations became strained. Ankara demanded an apology and compensation for families of victims. Israel never says its sorry. Prime Minister Recep Tayyip Erdogan warned diplomatic relations might be severed unless Israel apologized, consented to an independent international investigation, and ended its Gaza siege. Israel refused and stonewalled. Frayed relations followed. In fact, they began deteriorating earlier despite years of close military, economic, political, technological, cultural, academic, and practical ties. After the second Intifada erupted in September 2000, then Prime Minister Bulent Ecevit criticized Israel harshly. The 2003 Iraq caused friction. Each country differed on policy. Israel wanted regime change. Turkey urged status quo. Ankara opposed partitioning Iraq and establishing a de facto Kurdistan on its border. Prime Minister Erdogan bluntly accuses Israel of repeated crimes of war and against humanity. He said Netanyahus government threatens global peace. At the 2009 World Economic Forum, he walked off the platform after a heated exchange with Israeli President Shimon Peres. At issue also is jockeying for Middle East influence and dominance. Turkey wants to be an indispensable regional player. At the same time, it tries to balance East/West ties. Months earlier, Foreign Minister Affairs Ahmet Davutoglu said: The new global order must be more inclusive and participatory.Turkey will be among those active and influential actors who sit around the table to solve problems rather than let them fester. Nonetheless, Turkish/Israeli tensions escalated. Ankara cancelled earlier joint military exercises. Mavi Marmara killings remain unresolved. In late May, arrest warrants were issued for four ex-IDF commanders. They include Chief of Staff Gabi Ashkenazi, military intelligence head Amos Yadlin, naval commander Eliezer Marom, and air force intelligence head Avishai Levi. On June 4, Todays Zaman headlined First Mavi Marmara court hearing scheduled for November 6, saying: Trial proceedings will begin. Istanbul Prosecutor Mehmet Akif Ekinci seeks 10 consecutive life sentences. Its for nine deaths plus another victim still in a coma. Charges include voluntary manslaughter, attempted voluntary manslaughter, intentional injury, incitement to assault with a deadly weapon, robbery, abduction or confiscation of maritime vessels, property damage, false arrest, and mistreatment of prisoners. A court proceedings report accepted by the Istanbul 7th High Criminal Court says one copy of the indictment will be sent to the Israeli authorities after being translated into English. The report also added that the court will also instruct the Istanbul Bar Directorate to appoint lawyers for the suspects. Initial hearings will proceed from November 6 9. Weeks more will follow. Hundreds of complainants will be invited to testify. Conclusions from an internal Turkish investigation accused Israel of banditry, piracy, and state-sponsored terrorism. Israel held its own inquiry. It whitewashed truth and absolved culpable commanders. Turkish investigators said they were surprised, appalled and dismayed that the national inquiry process in Israel has resulted in the exoneration of the Israeli armed forces. Israels ambassador was expelled. Military agreements were suspended. Differences between the two nations remain unresolved. Prosecuting former Israeli commanders will heighten tensions further. Defendants wont appear in court. Reports are theyll be arrested if enter Turkish territory. Proceedings will be held in absentia. Ankaras Foreign Minister, Ahmet Davutoglu expressed resolve to defend the rights of Turkish citizens. New York Times Fronts for Israel Fact check Moreover, blockades are acts of war. Theyre defined as: International water interdictions constitute piracy. Under Article 101 of the 1958 Geneva Convention on the High Seas and 1982 UN Convention on the Law of the Sea (UNCLOS), maritime piracy includes: any illegal acts of violence or detention, or any act of depredationagainst a ship, aircraft, persons or property in a place outside the jurisdiction of any State (and) any act of inciting or of intentionally facilitating (such) an act. Free, unimpeded humanitarian relief cant be blocked. Even under conditions of armed conflict, the San Remo Manual on International Law Applicable to Armed Conflict at Sea (June 1994), states: If the civilian population of the blockaded territory is inadequately provided with food and other objects essential for its survival, the blockading party must provide for free passage of such foodstuffs and other essential supplies. According to The Times: (a) United Nations report concluded last September that Israel had been within its legal rights but had used excessive force in the action. Israel also claimed its commandos acted in self-defense during the raid, opening fire to save their own lives after they encountered tough resistance on the ships deck. Fact check It called its assault brutal and disproportionate. Based on eyewitness testimonies, forensic evidence, video footage, and other photographic material, it: concluded that a series of violations of international law, including international humanitarian and human rights law, were committed by the Israeli forces during the interception of the flotilla and during the detention of passengers in Israel prior to deportation. The preponderance of evidence from impeccable sources is far too overwhelming to come to a contrary opinion. HRC criticized Israels outrageous attack on aid ships attempting to breach a blockade on the Gaza Strip. It called doing so piracy, (an) act of aggression, (a) brutal massacre, (an) act of terrorism, (a) war crime, (a) crime against humanity unprovoked, unwarranted, atrocious, (and) brutal. It described activists onboard as peaceful, innocent, noble, unarmed, (and) defenseless. The so-called UN report The Times mentioned whitewashed indisputable facts the Human Rights Council (HRC) and independent observers revealed. Headed by former New Zealand Prime Minister Geoffrey Palmer, it included former Colombian President Alvaro Uribe. His resume reads like a police rap sheet. It includes corruption, scandal, links to his countrys drug cartels, involvement with paramilitary death squads, ties to US imperialism, and other high crimes against humanity. Including him on a human rights panel was the equivalent of a jury of serial killers impanelled to judge one of their own. In response to Turkeys indictment, Netanyahu stood defiant, saying: I would like to say clearly to the soldiers and commanders of the Israel Defense Forces: the state of Israel will always stand beside you, wherever you are and in any situation. You defended us; we will protect you. As head of state, Netanyahu controls Israels military. Chain of command authority is similar to Americas. Israels Minister of Defense is the equivalent of Washingtons Secretary of Defense. Military commanders report to them. They serve under chief executives. In both countries, heads of state appoint top officials. Netanuahu bears full responsibility for Israeli crimes of war and against humanity. They include Mavi Marmara assassinations. Indicting him for high crimes is warranted. Perhaps testimonies in November will cite him. Hopefully complainants will demand prosecuting him and others in his chain of command. At issue is accountability under inviolable international law. No one stands above it, especially heads of state empowered to enforce it. Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening. http://www.progressiveradionetwork.com/the-progressive-news-hour/ linkwithin_text=Related Articles: 