GSF: CIVILIANS HAVE A RIGHT TO HUMANITARIAN ASSISTANCE UNDER INTERNATIONAL LAW - MALAYSIAN BAR

KUALA LUMPUR, Oct 3 (Bernama) -- Humanitarian assistance to civilians is a right recognised under international law, and states are obliged to facilitate the rapid and unimpeded delivery of relief supplies to those in need, subject only to impartial and reasonable supervision, said the Malaysian Bar.

Its president, Mohamad Ezri Abdul Wahab, while condemning Israel’s interception of the Global Sumud Flotilla (GSF) and the detention of civilians - reportedly in international waters off Gaza - said reports of force being used against humanitarian vessels raise serious concerns of breaches of international obligations.

“At the time of this statement, 40 vessels were intercepted, and 23 Malaysians among the civilians have been illegally detained by the Israel Defence Forces.

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“Such conduct amounts to violations of customary international law codified in instruments, including Articles 17 and 87 of the United Nations Convention on the Law of the Sea, the Fourth Geneva Convention of 1949 and United Nations Security Council Resolution 2728,” he said in a statement today.

Mohamad Ezri said its statement forms part of a collective professional record to strengthen global efforts in securing humanitarian access, protecting civilians and achieving justice.

The Malaysian Bar also called on the international community to hold Israel accountable, urging that the detainees be promptly released in full compliance with international law.

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“While we note the Israeli Foreign Ministry’s announcement that the detainees are in good health and to 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,” he said. 

Mohamad Ezri also urged law societies and bar associations worldwide to press their governments to uphold the international rule of law, and called on the Malaysian government to explore all avenues in supporting the ongoing proceedings before the ICJ in the case South Africa v. Israel.

“The Malaysian Bar stands in solidarity with those detained, with others hindered from carrying out humanitarian missions and with the countless civilian lives lost in this crisis. All parties must be reminded that the protection of civilians is an obligation erga omnes - owed to all,” he said.

The GSF, comprising more than 500 activists from over 40 countries, including Malaysia, sailed towards Gaza as a symbol of solidarity and an effort to break the Israeli blockade.

The flotilla carried food and medical supplies, bearing a message of peace and demanding an end to the war and famine, as well as the immediate opening of humanitarian corridors into Gaza.

-- BERNAMA