By Dr Izyan Munirah Mohd Zaideen and Assoc Prof Dr Rudiah Md Hanafiah

The civil society initiative, Global Sumud Flotilla, has once again placed the maritime domain at the centre of international affairs. From a maritime security standpoint, the seizure of the flotilla in international waters constitutes a violation of the principle of freedom of navigation and has triggered diplomatic fallout.

Portraying itself as a humanitarian mission, the Sumud Flotilla transported food, medicine, and other essential supplies while raising global awareness of the ongoing humanitarian crisis in Gaza.

Comprising dozens of vessels crewed by international activists and humanitarian organisations, the flotilla directly challenged Israel’s long-standing naval blockade of Gaza.

In doing so, it asserted the right of free navigation guaranteed under the United Nations Convention on the Law of the Sea (UNCLOS 1982), emphasising that humanitarian passage through international waters must be respected and protected.

Violation of international maritime law

Since the flotilla was intercepted in international waters, Israel’s actions violated international maritime law. Under the UNCLOS 1982, only the flag state has jurisdiction unless the case involves piracy, slavery, or other narrowly defined exceptions. None of these applied, making the interception legally questionable.

International maritime law also affords protections for humanitarian missions, provided that vessels are transparent about their cargo, permit inspections, and refrain from hostile actions. If these conditions are met, as in the case of the flotilla, forcible seizure cannot be justified under international law.

Malaysia has voiced strong concern over the “illegal detention” of its citizens who participated under the Sumud Nusantara banner, a Southeast Asian solidarity initiative. Together with Italy, Spain, Turkey, France and Saudi Arabia, Malaysia has joined international efforts to push for peace initiatives and apply diplomatic pressure.

The government has called for immediate and unrestricted humanitarian access to Gaza, reiterating the mission’s legitimacy and Malaysia’s commitment to the welfare of its activists. These steps provide Malaysia with strong legal grounds to contest the flotilla’s seizure under both maritime and humanitarian law.

International humanitarian law allows for relief missions

From a scholarly perspective, the Sumud Flotilla serves as a valuable case study in the application and contestation of international law. The oceans are not only conduits for trade but also critical avenues for humanitarian and constitutional concerns.

Under international humanitarian law, relief missions for civilians in need must be allowed, subject to supervision of delivery. Since the flotilla had declared a purely humanitarian purpose, stopping it without providing safe alternatives could amount to a violation of international humanitarian law.

The seizure of the Sumud Flotilla highlights the need for humanitarian solidarity to be complemented by legal preparation and government protection. Malaysia’s involvement demonstrates lessons in citizen protection, legal advocacy, and the potential of humanitarian diplomacy.

The current situation represents both a challenge and an opportunity for Malaysia. The efforts of Malaysian activists have successfully raised global awareness while keeping the humanitarian spotlight on Gaza’s civilians. By safeguarding its people and championing human rights under international law, Malaysia can strengthen its standing as a principled voice for justice, solidarity, and the supremacy of law on the world stage.

-- BERNAMA

Dr Izyan Munirah Mohd Zaideen and Assoc Prof Dr Rudiah Md Hanafiah are senior lecturers at the Faculty of Maritime Studies, Universiti Malaysia Terengganu.