Statement by Jurists for Palestine (Spain), May 2, 2025. Attack on the humanitarian vessel Conscience. Freedom Flotilla.
Statement by Jurists for Palestine (Spain), May 2, 2025, regarding the armed attack on thehumanitarian vessel Conscience, part of the Freedom Flotilla.Jurists for Palestine Spain expresses its strongest condemnation of the armed attack carried out inthe early hours of May 2 against the vessel Conscience, part of the Freedom Flotilla.According to information provided by various agencies and media outlets, the vessel, sailingunder the flag of Palau, was carrying human rights defenders of various nationalities as crewmembers and transporting humanitarian aid bound for Gaza.
The vessel was attacked at 12:23 a.m. local time, approximately 14 nautical miles (25.9 km) east of Malta, within its Exclusive Economic Zone (EEZ), an area where the right to freedom of navigation applies, according to the United Nations Convention on the Law of the Sea (UNCLOS).The armed action was carried out by drones (also armed), at least two of which hit the vessel,causing a fire on board, the destruction of its electrical system, and a breach in the hull thatleft it at serious risk of sinking. This act of violence, allegedly state-sponsored, by Israel,could have cost lives, as has happened on a previous occasion.Although the armed action did not cause deaths on this occasion, it also constitutes a flagrantviolation of international law, particularly human rights law, the law of the sea, andinternational humanitarian law.
We consider it necessary to highlight the following aspects.First, the purpose of the ship itself, as well as the mission of the people on board, were purelyhumanitarian in nature, as they were human rights defenders on their way to deliverhumanitarian aid to Gaza.Second, an attack of this type is not the first to occur. On May 31, 2010, Israeli forces hadalready boarded another Flotilla por la Libertad vessel in international waters, the MaviMarmara, which flew the flag of the Comoros Islands and was part of a flotilla of six vessels.That attack resulted in the murder of a dozen human rights defenders and more than 50 injuries.Thirdly, far from being an isolated incident, this armed action is part of the broader contextof siege and extermination against the Palestinian population, given that, in addition tothe systematic bombing of people and civilian facilities in Gaza, such as hospitals, schools,and shelters, without respecting the basic principles of international humanitarian law ofdistinction, proportionality, and precaution, massacres have been committed, dulydocumented by multiple organizations.And, fourthly, this vessel was intended to attempt to alleviate some of the dramaticconsequences of the current Israeli blockade, which prevents the population of Gazafrom accessing food, medicine, and essential supplies. As a result, various United Nationsagencies, including the Office for the Coordination of Humanitarian Affairs (OCHA), theWorld Food Programme (WFP), and UNRWA, have warned that the civilian population ofGaza is facing catastrophic levels of food insecurity, lack of access to clean water, medicine,and basic medical care, in what they describe as an unprecedented humanitarian crisis. Theimminent risk of mass famine has been documented as Phase 5, that is, "catastrophe," thehighest level of food emergency.
Ultimately, the act of the armed attack against a humanitarian vessel of Freedom Flotillacannot be separated from the serious, atrocious, and systematic crimes committed by Israelagainst the population of Gaza, which meet the defining elements of crimes against humanity,war crimes (as the International Criminal Court has made clear in relation to both categories,through its arrest warrants already issued against Israeli Prime Minister B. Netanyahu andformer Defense Minister Y. Gallant) and the crime of genocide.
Although the International Court of Justice has not yet ruled on the merits of the caseconcerning the Application of the Convention on the Prevention and Punishment of theCrime of Genocide in the Gaza Strip (initiated by South Africa v. Israel), it is not necessaryto wait for the ruling that the UN Court will eventually issue to classify the acts committed to date by Israel in Gaza as genocide. These acts certainly fall within Article II of the 1948Convention and Article 6 of the Rome Statute, given the trail of evidence that various Israeliauthorities and members of the armed forces have been laying down regarding the intentionto seek the partial or total destruction of the Palestinian people as a national and ethnic group.This evidence has been examined by various independent and prestigious expert bodies, suchas, among others, the UN Special Rapporteur on Human Rights in the Occupied PalestinianTerritories and non-governmental organizations such as Amnesty International and HumanRights Watch.It should be remarked that the Convention on the Prevention and Punishment of theCrime of Genocide imposes on all its States Parties the obligation to prevent and suppressthe commission of this horrendous crime.In addition to what has already been stated, Jurists for Palestine recalls that the Israelioccupation of the Palestinian Territories, including East Jerusalem, has been repeatedlydeclared contrary to international law by, among others, various United Nations bodies,particularly the International Court of Justice (through its Advisory Opinions of 2004 on theLegal Consequences of the Construction of a Wall in the Occupied Palestinian Territory andof 2024 on the Legal Consequences Arising from Israel's Policies and Practices in theOccupied Palestinian Territory, including East Jerusalem). These conclusions are in line withmultiple resolutions of the General Assembly (such as 77/247) and the United NationsSecurity Council, which demand an end to the occupation and respect for the Palestinianpeople's right to self-determination.Along with the above, Jurists for Palestine feels obliged to draw attention to, as well asdenounce, the double standards of many States. While they mobilize resources to help Israelin natural disasters such as the fires it is currently experiencing (for example, through theEuropean Civil Protection Mechanism), they remain complicit in the illegal blockade of Gazaand the aforementioned crimes, despite their seriousness.
Therefore, we must once again remember that international law requires all States to comply with and enforce international humanitarian law, as this is required by customary law and Article 1 common to the four Geneva Conventions for the protection of civilians in armed conflict, which have been ratified by all States in international society, and are therefore also part of their domestic law.The use of the aforementioned double standard implies a hierarchy of human lives in violationof the most basic norms of international and domestic law, enshrined in, among otherinstruments, the Universal Declaration of Human Rights.The lack of reaction by States constitutes a very serious failure that transcends the merelypolitical level, insofar as it has pernicious legal effects, as it can impede accountability,institutionalize impunity when it comes to Israel, pave the way for Israel's intolerablegenocide to continue in Gaza, and erode existing law, which will undoubtedly haverepercussions far beyond the Middle East, undoubtedly generating other negative impacts onour global society.In light of all the above, in relation to this latest attack on a Freedom Flotilla vessel,we propose that:* An independent international investigation be established to clarify the facts, paving theway for bringing the perpetrators and masterminds of the attack to justice.* The Office of the Prosecutor of the International Criminal Court should include thisattack in its examination of the situation in Palestine (Case ICC-01/18) and act without delay.Beyond the attack on the Freedom Flotilla ship, we refer to the actions we have beenrequesting through our previous statements and initiatives, which, in summary, can betranslated into measures focused on the following :1. Adoption of effective sanctions against Israel, both at the state level and within theframework of the European Union and other multilateral organizations, including acomprehensive arms embargo;2. Immediate suspension of all military, commercial, and diplomatic cooperation withIsrael, especially that which may facilitate or legitimize violations of internationalhumanitarian law, as long as the occupation persists;3. Demand that States Parties to the Geneva Conventions fulfill their obligation to"respect and ensure respect" for international humanitarian law (Article 1 common tothe four Geneva Conventions), by adopting, among other measures, concrete actions for theeffective protection of international humanitarian missions, including demanding guaranteesof non-repetition of attacks on civilian convoys on land, vessels at sea, or vehicles in airspace;4. Institutional and legal support for ongoing initiatives before the InternationalCriminal Court and the International Court of Justice, including the case brought bySouth Africa against Israel for genocide.5. Measures by states and businesses to prevent the private sector from continuing tosupport Israel's illegal occupation of Palestinian territories.
Jurists for Palestine reaffirms its commitment to the defense of international law, the rule oflaw, democracy, and human rights, including the dignity of all peoples and individuals.We cannot remain silent while Israel perpetrates, with impunity, systematic violations of theinternational legal order, which constitute war crimes, crimes against humanity, and the crimeof genocide.This passivity must end, and an appropriate response must be forthcoming. The law, as well as the principles of justice and humanity, demand a firm and consistent response from all of us.May the 2nd, 2025Jurists for Palestine, Spain (contact: juristasporpalestina@gmail.com )
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