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 the
humanitarian 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, sailing
under the flag of Palau, was carrying human rights defenders of various nationalities as crew
members 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 that
left 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 flagrant
violation of international law, particularly human rights law, the law of the sea, and
international 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 purely
humanitarian in nature, as they were human rights defenders on their way to deliver
humanitarian aid to Gaza.
Second, an attack of this type is not the first to occur. On May 31, 2010, Israeli forces had
already boarded another Flotilla por la Libertad vessel in international waters, the Mavi
Marmara, 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 context
of siege and extermination against the Palestinian population, given that, in addition to
the systematic bombing of people and civilian facilities in Gaza, such as hospitals, schools,
and shelters, without respecting the basic principles of international humanitarian law of
distinction, proportionality, and precaution, massacres have been committed, duly
documented by multiple organizations.
And, fourthly, this vessel was intended to attempt to alleviate some of the dramatic
consequences of the current Israeli blockade, which prevents the population of Gaza
from accessing food, medicine, and essential supplies. As a result, various United Nations
agencies, including the Office for the Coordination of Humanitarian Affairs (OCHA), the
World Food Programme (WFP), and UNRWA, have warned that the civilian population of
Gaza 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. The
imminent risk of mass famine has been documented as Phase 5, that is, "catastrophe," the
highest level of food emergency.

Ultimately, the act of the armed attack against a humanitarian vessel of Freedom Flotilla
cannot be separated from the serious, atrocious, and systematic crimes committed by Israel
against 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 and
former Defense Minister Y. Gallant) and the crime of genocide.

Although the International Court of Justice has not yet ruled on the merits of the case
concerning the Application of the Convention on the Prevention and Punishment of the
Crime of Genocide in the Gaza Strip (initiated by South Africa v. Israel), it is not necessary
to 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 1948
Convention and Article 6 of the Rome Statute, given the trail of evidence that various Israeli
authorities and members of the armed forces have been laying down regarding the intention
to 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, such
as, among others, the UN Special Rapporteur on Human Rights in the Occupied Palestinian
Territories and non-governmental organizations such as Amnesty International and Human
Rights Watch.
It should be remarked that the Convention on the Prevention and Punishment of the
Crime of Genocide imposes on all its States Parties the obligation to prevent and suppress
the commission of this horrendous crime.
In addition to what has already been stated, Jurists for Palestine recalls that the Israeli
occupation of the Palestinian Territories, including East Jerusalem, has been repeatedly
declared contrary to international law by, among others, various United Nations bodies,
particularly the International Court of Justice (through its Advisory Opinions of 2004 on the
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory and
of 2024 on the Legal Consequences Arising from Israel's Policies and Practices in the
Occupied Palestinian Territory, including East Jerusalem). These conclusions are in line with
multiple resolutions of the General Assembly (such as 77/247) and the United Nations
Security Council, which demand an end to the occupation and respect for the Palestinian
people's right to self-determination.
Along with the above, Jurists for Palestine feels obliged to draw attention to, as well as
denounce, the double standards of many States. While they mobilize resources to help Israel
in natural disasters such as the fires it is currently experiencing (for example, through the
European Civil Protection Mechanism), they remain complicit in the illegal blockade of Gaza
and 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 violation
of the most basic norms of international and domestic law, enshrined in, among other
instruments, the Universal Declaration of Human Rights.
The lack of reaction by States constitutes a very serious failure that transcends the merely
political 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 intolerable
genocide to continue in Gaza, and erode existing law, which will undoubtedly have
repercussions far beyond the Middle East, undoubtedly generating other negative impacts on
our 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 the
way for bringing the perpetrators and masterminds of the attack to justice.
* The Office of the Prosecutor of the International Criminal Court should include this
attack 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 been
requesting through our previous statements and initiatives, which, in summary, can be
translated into measures focused on the following :
1. Adoption of effective sanctions against Israel, both at the state level and within the
framework of the European Union and other multilateral organizations, including a
comprehensive arms embargo;
2. Immediate suspension of all military, commercial, and diplomatic cooperation with
Israel, especially that which may facilitate or legitimize violations of international
humanitarian 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 to
the four Geneva Conventions), by adopting, among other measures, concrete actions for the
effective protection of international humanitarian missions, including demanding guarantees
of 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 International
Criminal Court and the International Court of Justice, including the case brought by
South Africa against Israel for genocide.
5. Measures by states and businesses to prevent the private sector from continuing to
support Israel's illegal occupation of Palestinian territories.

Jurists for Palestine reaffirms its commitment to the defense of international law, the rule of
law, democracy, and human rights, including the dignity of all peoples and individuals.
We cannot remain silent while Israel perpetrates, with impunity, systematic violations of the
international legal order, which constitute war crimes, crimes against humanity, and the crime
of 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, 2025
Jurists for Palestine, Spain (contact: juristasporpalestina@gmail.com )