The Rationale

As mentioned below, the Israelis believe they have the authority to seize and attack blockade breakers.

Here, perhaps, the pretext rationale:

"SECTION V : NEUTRAL MERCHANT VESSELS AND CIVIL AIRCRAFT 

Neutral merchant vessels 67. 

Neutral merchant vessels

67. Merchant vessels flying the flag of neutral States may not be attacked unless they:

(a) are believed on reasonable grounds to be carrying contraband or breaching a blockade, and after prior warning they intentionally and clearly refuse to stop, or intentionally and clearly resist visit, search or capture;
(b) engage in belligerent acts on behalf of the enemy;
(c) act as auxiliaries to the enemy s armed forces;
(d) are incorporated into or assist the enemy s intelligence system;
(e) sail under convoy of enemy warships or military aircraft; or
(f) otherwise make an effective contribution to the enemy s military action, e.g., by carrying military materials, and it is not feasible for the attacking forces to first place passengers and crew in a place of safety. Unless circumstances do not permit, they are to be given a warning, so that they can re-route, off-load, or take other precautions.

68. Any attack on these vessels is subject to the basic rules in paragraphs 38-46.

69. The mere fact that a neutral merchant vessel is armed provides no grounds for attacking it.

http://www.icrc.org/ihl.nsf/385ec082b509e76c41256739003e636d/7694fe2016f347e1c125641f002d49ce

I don't know if this section actually applies, but the Israelis have formally declared a blockade.

This took a while to find - so if I've gotten it wrong, I'd appreciate a nod in the correct direction.

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UPDATE 3:36PM:

It would appear that the Israeli's will get their way, officially. They will define the investigation, thanks to formal US intervention at the UN:

"The United States has blocked demands at the UN security council for an international inquiry into Israel's assault on the Turkish ship carrying aid to Gaza that left nine pro-Palestinian activists dead.

A compromise statement instead calls for an impartial investigation which Washington indicated could be carried out by Israel.

Turkey pressed for the security council to launch an investigation similar to Richard Goldstone's inquiry into last year's fighting in Gaza which prompted protests from Israel when it concluded that Israel and Hamas were probably guilty of war crimes and crimes against humanity.

Ankara wanted the investigation into the raid on the Mavi Marmara to result in the prosecution of officials responsible for the assault and the payment of compensation to the victims.

But in hours of diplomatic wrangling, the US blocked the move and instead forced a statement that called for 'a prompt, impartial, credible and transparent investigation conforming to international standards.' The US representative at the security council discussions, Alejandro Wolff, indicated that Washington would be satisfied with Israel investigating itself when he called for it to undertake a credible investigation."

http://www.guardian.co.uk/world/2010/jun/01/israel-investigation-attack-gaza-flotilla-us?utm_source=twitterfeed&utm_medium=twitter

h/t Glenn Greenwald


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So, will this above rationale make it into the formal, official, super-duper legal finding?

Anyone want to wager?

Over Ian Welsh's way, I wondered up a few questions. Seems the US has officially answered at least one of them:

1. Do the Turks (the gov’t, the major companies) really still want into the failing EU? If not, do the Germans have any carrots to offer them, other than better treatment of Turkish second class citizens, in Germany proper?

2. Do the Israelis have tacit support from the US? If so, do we have to ask seriously if the Israeli state can survive a “bold move” by Netanyahu, Barak and Lieberman? How far will the US state go to preserve the Israeli state, as it is?

3. How close will the Turkish state draw to Iran, Hizbollah and Hamas? As Ian notes above, to Syria? Is this, in part, a Turkish move to join Iran as a regional dominant couplet - especially as Europe’s economy unravels?

4. Will the Russians involve themselves, especially since they already have effective control of the Black Sea?

5. What about all those pipeline end points in Turkey? How much oil and natgas do the Israelis get from those sources? How much do they use to keep their still formidable ground and air wings fueled and battle ready?

6. What about India?

(re-emphasis added)