When the UN Secretary General announced on August 2, 2010 that a panel of inquiry had been established to investigate the May 31, 2010 Israeli attacks on the Mavi Marmara and five other ships carrying humanitarian aid to the beleaguered people of Gaza, there was widespread hope that international law would be vindicated and the Israelis would finally be held accountable.
With the release of the report this past week, these hopes have been largely dashed: The report failed to address the central international law issues in a credible and satisfactory manner. Turkey, not surprisingly, responded strongly that it was not prepared to live with the central finding of the 105-page report, which found that the Israeli blockade of the Gaza Strip is lawful and could legally be enforced by Israel against a humanitarian mission, even in international waters.
Perhaps this outcome should not be surprising. The panel was woefully ill-equipped to render an authoritative result. Former New Zealand Prime Minister and environmental law professor Geoffrey Palmer, the chair of the panel, was not particularly knowledgeable about either international maritime law or the law of war. And incredibly, the only other independent member of the panel was Alvaro Uribe, the former President of Colombia. Uribe has no professional credentials related to the issues under consideration. He is notorious both for his horrible human rights record while holding office, and for forging intimate ties with Israel through arms purchases and diplomatic cooperation. The fact that he received "The Light Unto The Nations" award from the American Jewish Committee should have been sufficient in itself to cast doubt on his suitability for this appointment.
Alvaro Uribe's presence on the panel compromised the integrity of the process, and made one wonder how such an appointment could be explained, let alone justified. The remaining two members were designated by the governments of Israel and Turkey. Not surprisingly, they appended partisan dissents to those portions of the report that criticised the position taken by their respective governments. Another limitation of the report was that the panel was constrained by its terms of reference, which prohibited reliance on any materials other than that presented in the two national reports submitted by the contending governments. With these considerations in mind, we can only wonder why the Secretary General would have established a framework so ill-equipped to reach findings that would put the controversy to rest, which it has certainly not done.
http://english.aljazeera.net/indepth/opinion/2011/09/2011978161147706.html