Sumud: The latest victim of Israel’s war on international law

The Sumud ships, part of a maritime convoy seeking to break the blockade of Gaza, entered a highly dangerous zone where previous missions with the same goal had already been attacked by Israel.

The Global Sumud Fleet, which set sail from Spain on August 31, is the largest maritime mission to Gaza to date. Comprising more than 50 vessels and delegations from at least 44 countries, it forms part of an international effort to challenge Israel’s naval blockade and deliver aid to Gaza.

Does Israel have the right to board ships in international waters? The answer is no.

What does international law say about control of waters?

Coastal states control the waters adjacent to their shores—known as territorial waters—which extend 12 nautical miles (22 km) from the coast. In this area, the state has full sovereignty, just as on land.

Beyond that, states may claim up to 200 nautical miles (370 km) as their Exclusive Economic Zone (EEZ), giving them rights over resources such as fish, minerals, and energy, while still allowing other countries the freedom of navigation.

Thanks to its overseas territories, France has the largest EEZ in the world—covering almost 10.7 million square kilometers (4.2 million square miles)—followed by the United States, Australia, Russia, and the UK.

Where are international waters?

The high seas, which cover about 64% of the ocean, lie beyond the territorial waters and EEZs of any state. They are not controlled by any one nation but are governed by international agreements.

What are the rules of the high seas?

The United Nations Convention on the Law of the Sea (UNCLOS) of 1982 establishes that all nations enjoy freedom of navigation on the high seas, and aircraft can fly freely overhead.

The convention also permits undersea cables and pipelines, as well as fishing, scientific research, and artificial island construction—all regulated under international law.

Ships on the high seas are subject to the jurisdiction of the flag state they sail under, except in cases of piracy or other illicit activities.

Israel’s record of attacking flotillas in international waters

Since 2010, multiple Freedom Flotilla ships have tried to break Gaza’s blockade; all were intercepted or attacked by Israel, often in international waters where it has no territorial rights.

The deadliest incident occurred on May 31, 2010, when Israeli commandos stormed the Mavi Marmara in international waters, killing 10 activists—most of them Turkish—and wounding dozens more, sparking global outrage.

In 2024, amid ongoing humanitarian flotilla missions to Gaza, UN experts reaffirmed that the Freedom Flotilla has the right of free passage in international waters, and that Israel must not interfere with the longstanding principle of freedom of navigation under international law.

Stephen Cotton, General Secretary of the International Transport Workers’ Federation (ITF), representing more than 16.5 million transport workers worldwide, said: “The law of the sea is clear: attacking or seizing humanitarian, nonviolent ships in international waters is illegal and unacceptable.”

He stressed that such actions endanger lives and undermine the basic principles that keep the seas safe for everyone—not just seafarers, but all those at sea, whether on a merchant vessel, a humanitarian ship, or a fishing boat. “Countries cannot pick and choose when to respect international law; the seas must not become a battlefield,” he added.

Meanwhile, according to the Freedom Flotilla Coalition, this mission is not only legal but also protected under a comprehensive set of international legal instruments, including:

• UNCLOS (United Nations Convention on the Law of the Sea): Guarantees freedom of navigation on the high seas.
• San Remo Manual on International Law Applicable to Armed Conflicts at Sea: Prohibits blockades that cause starvation or disproportionate suffering, and forbids targeting neutral humanitarian missions.
• UN Security Council Resolutions 2720 and 2728: Binding documents demanding unimpeded humanitarian access and the removal of all barriers to aid delivery.
• Convention on the Prevention and Punishment of the Crime of Genocide: Includes obligations to prevent acts that deliberately endanger civilians.
• Fourth Geneva Convention: Requires free passage of humanitarian aid and prohibits interference with relief operations or attacks on civilian infrastructure.
• Rome Statute of the International Criminal Court: Criminalizes starvation of civilians as a method of warfare and the deliberate obstruction of humanitarian aid.