Thursday, September 1, 2011

The Palmer Report and Common Sense.

A few months ago Opinio Juris - one of the most respected blogs on international law, had a huge discussion on the legality of the Israeli blockade. The main argument was whether the conflict between Israel and Hamas can be seen as a conflict between states (and hence a blockade is legal), or whether Gaza Strip was not a state - and hence a blockade was illegal.

In the Palmer report, leaked by the NYT, there is this single sentence in reference to this legal dilemma:

The Panel notes in this regard that the uncertain legal status of Gaza under international law cannot mean that Israel has no right to self-defence against armed attacks directed toward its territory.

Common sense will ever triumph legal arguments.

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