THE LEGAL LINE
Under UNCLOS, the high seas begin 12 nautical miles from a coast. Beyond that, no state has jurisdiction over a foreign-flagged vessel except in piracy, slavery, or unauthorized broadcasting. Boarding a civilian ship in international waters is a use of force against the flag state.
THE MAVI MARMARA PRECEDENT
In May 2010, Israeli commandos boarded the Turkish-flagged Mavi Marmara 130 km off Gaza, killing 10 activists. A UN Human Rights Council panel called the boarding unlawful; a separate UN Palmer Report called the blockade itself legal but the force excessive. Turkey severed military ties with Israel for six years.
WHY DEPORT, NOT CHARGE
Charging foreign activists creates discoverable trial records — radio logs, boarding orders, command emails — that surface in a public courtroom. Deportation closes the file in days with no judicial review. The 168-vs-2 split signals selective treatment of organisers without the evidentiary cost of a prosecution.
THE CAST OBJECTING
Spain and Brazil are not random. Both have foreign ministers who have publicly compared Gaza to genocide; Spain recognised Palestine in May 2024, Brazil recalled its ambassador to Israel in 2024. Summoning an envoy is the second-strongest diplomatic protest short of expulsion.
ADALAH
Adalah — Arabic for 'justice' — is the legal centre representing Palestinian citizens of Israel and detainees since 1996. It is the primary domestic litigant against Israeli detention practices, operating inside the Israeli court system rather than international forums, which gives it standing the ICRC and UN bodies lack.
BLOCKADES UNDER LAW
The San Remo Manual (1994) — the customary law on naval warfare — permits blockades only in armed conflict, requires public declaration, and forbids starvation of civilians as the sole purpose. The Palmer Report applied this to Gaza; UN Special Rapporteurs have since argued conditions on the ground breach the starvation clause.