Background and Legal Analysis
On May 31, 2010, Israeli forces intercepted the Turkish flotilla ship Mavi Marmara. The ship’s crew attacked Israeli forces, which resulted in the deaths of nine Turkish citizens. The following article offers insight into the issues that have not been touched upon before.
Mavi Marmara records reveal that the ship was registered in Comoros, a small island nation with a population of 800,000. Why would a flotilla organized by a Turkish humanitarian organization – The Foundation for Human Rights and Freedoms and Humanitarian Relief (IHH) – license a ship under the Comoros flag? When the IHH purchased the Mavi Marmara from the municipal authority of Istanbul, it applied to the Undersecretariat for Maritime Affairs, which specified a list of maintenance required for an international journey. However, the IHH decided that it would cost too much time and money so it registered Mavi Marmara under the Comoros flag while still flying the Turkish flag.
This is an important issue, because According to the United Nations Convention on the Law of the Sea, Article 110/d, a warship which encounters a foreign ship on the high seas can interfere if it has grounds for suspecting that the ship is without nationality, and according to Article 92 of the same convention, “A ship which sails under the flags of two or more States, using them according to convenience, may not claim any of the nationalities in question with respect to any other State, and may be assimilated to a ship without nationality.” Those laws should end the debates about intervention on international waters. Mavi Marmara was cruising under two flags and according to UN conventions Israeli forces had a right to intercept it.
Mavi Marmara records reveal that the ship was registered in Comoros, a small island nation with a population of 800,000. Why would a flotilla organized by a Turkish humanitarian organization – The Foundation for Human Rights and Freedoms and Humanitarian Relief (IHH) – license a ship under the Comoros flag? When the IHH purchased the Mavi Marmara from the municipal authority of Istanbul, it applied to the Undersecretariat for Maritime Affairs, which specified a list of maintenance required for an international journey. However, the IHH decided that it would cost too much time and money so it registered Mavi Marmara under the Comoros flag while still flying the Turkish flag.
This is an important issue, because According to the United Nations Convention on the Law of the Sea, Article 110/d, a warship which encounters a foreign ship on the high seas can interfere if it has grounds for suspecting that the ship is without nationality, and according to Article 92 of the same convention, “A ship which sails under the flags of two or more States, using them according to convenience, may not claim any of the nationalities in question with respect to any other State, and may be assimilated to a ship without nationality.” Those laws should end the debates about intervention on international waters. Mavi Marmara was cruising under two flags and according to UN conventions Israeli forces had a right to intercept it.
Rising anti-Semitism in Turkey Bulent Yildirim, President of the IHH, stated that they had been warned by Israeli authorities, yet they did not expect the unfortunate outcome. He confirmed that the crew attacked Israeli soldiers with iron bars and chairs and took their weapons, but he defended this behavior by saying, “We just used our rights to defend ourselves.” He reiterated that they will keep sending ships to Gaza until the Israeli government revokes the embargo. This statement proves that the goal of the Mavi Marmara was not to aid Gaza; rather, it was to provoke Israel and pierce the embargo. There are even rumors that, according to a journalist who was aboard Mavi Marmara during the attacks, IHH officials told them that they are going to be martyrs.1
Furkan Dogan, 19 years old, was one of the people who lost his life on May 31, 2010. After his tragic death, his high school principal, Muhammet Duru, stated that he is proud of him and added, “What he did will constitute an example to his friends.” This shows the danger that emerges from Turkish high schools administered by the AKP government. A high school principal encourages children to join protests that can cost them their life instead of encouraging them to focus on their education. This is no different than jihad education.
After the injured passengers arrived in Turkey, government officials were so suspicious about the Israeli government poisoning them that they were sent to hospitals in order to get toxicology screenings. This unbelievable conspiracy theory reveals that the relations between the two countries have been incredibly damaged during the AKP era, and they need a lot of time and a new government for restoration.
Furkan Dogan, 19 years old, was one of the people who lost his life on May 31, 2010. After his tragic death, his high school principal, Muhammet Duru, stated that he is proud of him and added, “What he did will constitute an example to his friends.” This shows the danger that emerges from Turkish high schools administered by the AKP government. A high school principal encourages children to join protests that can cost them their life instead of encouraging them to focus on their education. This is no different than jihad education.
After the injured passengers arrived in Turkey, government officials were so suspicious about the Israeli government poisoning them that they were sent to hospitals in order to get toxicology screenings. This unbelievable conspiracy theory reveals that the relations between the two countries have been incredibly damaged during the AKP era, and they need a lot of time and a new government for restoration.
The AKP’s behavior toward Israel After the undiplomatic “one-minute” outburst of Turkish Prime Minister Recep Tayyip Erdogan at the Davos economic forum, Israeli-Turkish relations have been continuously deteriorating, and after the flotilla incident they have reached an all-time low. Soner Cagaptay, Director of the Turkish Research Program at Washington Institute for Near East Policy, perfectly explained the reason for the damaged relations. According to him, the AKP sees Samuel Huntington’s Clash of Civilizations everywhere it looks, and that is why it has failed to be an objective negotiator for the problems surrounding the Middle East.
The flotilla incident shows that the AKP is becoming the problem itself instead of being a peaceful negotiator. Considering Turkey’s current political structure it seems the AKP will most likely lose its seat in the next general elections. This is why the AKP is trying to boost its votes by playing the foreign policy card and increasing its attacks toward Israel.
While he was giving a speech at the Chatham House in London, Turkish Foreign Minister Ahmet Davutoglu said that, “One day, East Jerusalem will be given to Palestine, and we will all pray in those lands. This is not a fantasy – it is a vision.”2 This shows that the priority of AKP’s Turkish foreign policy is not the EU accession, nor solving the Armenian or Cyprus issue, its main objective is to become a sovereign power in the Middle East by inciting anti-Israeli lobby in the area.
The flotilla incident shows that the AKP is becoming the problem itself instead of being a peaceful negotiator. Considering Turkey’s current political structure it seems the AKP will most likely lose its seat in the next general elections. This is why the AKP is trying to boost its votes by playing the foreign policy card and increasing its attacks toward Israel.
While he was giving a speech at the Chatham House in London, Turkish Foreign Minister Ahmet Davutoglu said that, “One day, East Jerusalem will be given to Palestine, and we will all pray in those lands. This is not a fantasy – it is a vision.”2 This shows that the priority of AKP’s Turkish foreign policy is not the EU accession, nor solving the Armenian or Cyprus issue, its main objective is to become a sovereign power in the Middle East by inciting anti-Israeli lobby in the area.
Israeli and Turkish public opinions
Despite the AKP’s attacks, the Israeli government and Israeli public approaches the situation very sensitively. Of all the protests that occurred in Israel, nearly all of the public was protesting the AKP government and Turkish Prime Minister Erdogan, not Turkey. Moreover Israeli government does not take any diplomatic actions (For example, recognizing Armenian issue as a genocide) against Turkey. This shows us that unlike the AKP government, the Israeli government is still trying to have good relations with its strategic ally.
Like every other issue in Turkey, the AKP government has been successful in polarizing the public with the flotilla incident. Most of the religious areas in Turkey see Erdogan as a hero and the ultimate defender of Muslims in the Middle East, while others think that Turkish government should spare more time for Turkey’s problems instead of causing international crises with its allies.
Despite the AKP’s attacks, the Israeli government and Israeli public approaches the situation very sensitively. Of all the protests that occurred in Israel, nearly all of the public was protesting the AKP government and Turkish Prime Minister Erdogan, not Turkey. Moreover Israeli government does not take any diplomatic actions (For example, recognizing Armenian issue as a genocide) against Turkey. This shows us that unlike the AKP government, the Israeli government is still trying to have good relations with its strategic ally.
Like every other issue in Turkey, the AKP government has been successful in polarizing the public with the flotilla incident. Most of the religious areas in Turkey see Erdogan as a hero and the ultimate defender of Muslims in the Middle East, while others think that Turkish government should spare more time for Turkey’s problems instead of causing international crises with its allies.
Conclusion Despite the Israeli government’s persistent warnings, the AKP government sent a flotilla of six ships to another country’s national waters in order to pierce the embargo and gain more votes from religious regions in Turkey. Due to this undiplomatic attempt, nine Turkish citizens lost their lives. Instead of trying to normalize relations with Israel, one of Turkey’s most strategic allies, AKP still chases anti-Semitic policies. Fortunately, many people from both sides acknowledge that Israel and Turkey are still close allies and the AKP government does not reflect the whole of Turkey’s public opinion.
