The Legal Department of the Democratic Front for the Liberation of Palestine affirmed that the Israeli attack on the ships of the “Global Steadfastness Fleet” constitutes a clear war crime, calling on states and individuals affected, whether materially or morally, to file lawsuits before the International Criminal Court (ICC) against the Israeli soldiers and officials involved in committing these war crimes. The department also welcomed Spain’s position and its intention to “submit a proactive complaint to the International Criminal Court” regarding the fleet incident.
The Legal Department explained that the investigation launched by the Spanish Public Prosecutor on September 18 into international crimes committed by Israel in the Gaza Strip, which included the attack on the ships, indicates that Spanish judicial authorities are moving toward classifying the assault as a war crime. The Prosecutor has requested detailed information about the affected ships, maritime coordinates, passengers’ nationalities, and the nature and cargo of the shipments.
The Legal Department added that the Spanish government will base its complaint on several legal grounds proving Israel’s responsibility, including:
1. Blatant violation of international law: Israel’s interception of the ships occurred in international waters, outside its so-called “sovereignty,” constituting a clear breach of the 1982 United Nations Convention on the Law of the Sea (UNCLOS), particularly Articles 87, 89, 90, and 110, which prohibit any state from attacking or intercepting ships on the high seas.
2. Clear UN precedent: The 2010 UN Human Rights Council report deemed Israel’s interception of the “Freedom Flotilla” ships illegal and unjustified, violating not only the Law of the Sea but also the Geneva Conventions, the First Additional Protocol, and the UN Charter (Articles 2–4).
3. War crime under international law: Although the Rome Statute of the ICC does not explicitly address freedom of navigation, Israel’s criminal acts on the high seas qualify as war crimes as they targeted civilians and obstructed humanitarian aid delivery, in accordance with Article 8 of the Rome Statute.
4. Violation of international treaties: The attack contravened principles of freedom of navigation, prohibited collective punishment, hindered humanitarian aid, and used force outside Israel’s so-called “territorial sovereignty.”
5. Targeting a humanitarian mission: The ships were on a humanitarian mission to deliver urgent aid to Gaza, as confirmed by the UN Secretary-General. Israel had no right to prevent the delivery of this aid or interfere in international waters.
The Legal Department emphasized that the attack on the Steadfastness Fleet represents a continuation of Israel’s ongoing starvation campaign against the Palestinian people in Gaza, targeting three levels: the countries of the ships, civilians of multiple nationalities, and the blockade of humanitarian aid.
The department concluded by calling on all states and individuals to prosecute Israel before national and international courts, defending international law and freedom of navigation, especially since the attack occurred in international waters and violated all applicable laws and agreements