In recent weeks, the political debate seems to have focused on the differing positions between the ruling majority and the opposition regarding the painful plight of the Palestinian population in the Gaza Strip. But beyond the complex political debate on this issue, the voice of public opinion, not only in Italy but also in Europe and internationally, seems to be growing increasingly powerful. Public opinion continues to express, with emotion and sympathy, its disappointment and opposition to what has happened and continues to happen to the Palestinian population in the Gaza Strip, who for some time now seem unable to find a sufficiently safe place to seek refuge.
More specifically: in the face of what public opinion sees as a lack of initiative on the part of the West, the mobilization of the civilian population and the "Global Sumud Flotilla," the mission of international activists en route to the Gaza Strip, appears to represent a profoundly humane attempt, with enormous value and moral significance, to defend a population in dire straits and dire straits. This attempt, certainly risky but equally conscious, is to deliver food, medicine, and other essential goods to the Palestinian population. However, given the bloody offensive context, the legitimate concern expressed by Defense Minister Crosetto cannot be underestimated. He stated, "It is crucial that this commitment not translate into actions that would yield no concrete results," since "if the Sumud Flotilla were to decide to take action to force a naval blockade, it would expose itself to extremely serious and unmanageable dangers." Nor does it seem impossible to ignore the fact that the 1982 United Nations Convention on the Law of the Sea, also known as the Montego Bay Convention, recognizes the principle of so-called "innocent passage," which allows foreign vessels to pass through a state's territorial waters without causing harm. To put it differently, essentially, by virtue of that treaty, since the Flotilla's mission does not, in itself, constitute a threat to Israel's security, the Flotilla, with its cargo of humanitarian aid, should be able to reach the Gaza Strip without violating international maritime law. This means, if we were to conduct a minimal deductive reasoning exclusively and necessarily at the level of argument, that if Israel were to react against an inoffensive vessel once it had passed international waters, the dramatic nature of the situation would likely lead the entire international community to find itself in a position where it would have to intervene actively.
Moreover, Prime Minister Giorgia Meloni herself, speaking at the United Nations General Assembly, declared that in responding to the Hamas attack on October 7, Israel violated the principle of proportionality, that is, the principle of proportion between action and reaction enshrined in the Geneva Conventions, and also declared that "Israel cannot prevent the birth of the Palestinian State."
Following the events of October 7, 2023, all states neighboring Israel condemned the attack perpetrated by Hamas, believing that, in the circumstances, the operation carried out by Netanyahu and his government represented a necessary retaliatory measure. However, the tragic events of October 7 in no way appear to constitute an excuse to a priori rule out a political solution to the so-called Palestinian question of "two peoples, two states." The international community must re-establish the balance of power in order to achieve a ceasefire in conflict zones and restore peace.
Giuseppina Di Salvatore – Lawyer, Nuoro
