David Seidemann: Oil and Water

From the other side of the bench

By David Seidemann

Issue of June 4, 2010 / 22 Sivan 5770

It seems that both the United States and Israel are having difficulty navigating through tumultuous waters on the high seas. The United States can’t seem to turn the spigot off of the oil well that threatens the ocean, marine life, and ultimately society as a whole. Israel, for its part, once again faces worldwide condemnation for its recent exercise in protecting its shores and its people from an assault by outside agitators.

Israel knew the conundrum that it faced the minute the flotilla left Turkey. Attempting to stop the flotilla would cause the international community to demonize Israel as it always does. Allow the flotilla to penetrate the blockade, and there is no telling what might ultimately reach Gaza. Those that are quick to condemn Israel should consult history and international law before doing so. Israel is not the first country nor will it be the last to engage in a blockade to ensure the safety of its own citizens. Israel acted in conformity with international law in demanding that before shipments reach her shores or environs close enough to threaten her people, they be inspected, and/or the ships be directed to a port of Israel’s choosing.

All of this is forgotten by most of the world as Israel was quickly accused of atrocities. Ignored is the fact that Israel warned the captains of the flotilla to redirect their course and was rebuffed. Ignored as well is the fact that the “humanitarians” were armed and ignored Israel’s offer to have the goods unloaded where the arriving shipments could be inspected. And overlooked by the world that rushed to condemn Israel is the fact that these “humanitarians” refused requests by Israel to address Gilad Shalit’s ongoing captivity. One cannot be considered a true humanitarian when one picks and chooses for whom he wishes to act humanely.

True to form, within hours the United Nations sprang into action with calls for condemnation and investigations. In contrast, when North Korea sinks a South Korean vessel killing 46 South Koreans, weeks and months go by before the United Nations and/or its member countries meet officially or unofficially to address the situation.

British Petroleum’s catastrophic oil leak threatens the Gulf of Mexico and nearby states. The company faces all kinds of civil and possible criminal investigations for its actions or non-actions. The administration has made it clear that British Petroleum should have been proactive in anticipating a disaster such as the one that occurred and in having a plan to avoid initially such a situation. The president has been quoted as saying that each day that passes without the well being plugged, is a continued assault on the United States and its citizens.

Is the entire country of Israel and its inhabitants any different? Is Israel, surrounded by enemies sworn to her destruction, any less entitled to act proactively, to have a plan in place to deal with what can only be termed as a continued assault on her citizens?

Would the United States or any other sovereign nation allow a ship or a flotilla of ships ignore directions without repercussions? Try crossing a security line at an airport after ignoring instructions. Try crossing a security line at an airport with metal weapons like some of the “humanitarians” on the flotilla possessed. Something tells me there would be serious repercussions.

Yes it would have been better had the confrontation and the resulting injuries and death been avoided. It would’ve been better had the flotilla never left Turkey. And if it did leave Turkey it would’ve been better had the goods they wanted to ship into Gaza passed through Israeli security checkpoints so that Israel could ensure that its people, unlike the marine life in the Gulf of Mexico, would ultimately be protected.

So Israel will once again have to shuffle and dance its way through condemnation and inevitable United Nations resolutions, simply for protecting its citizens, the primary obligation of any nation. One has to question the true motive of humanitarians that bypass a nonviolent alternative for the delivery of humanitarian aid. One has to question the human rights records of those nations that are quick to condemn Israel without the benefit of an investigation into what actually occurred. One has to question the legitimacy of any resolution that emanates from the United Nations, when that same body is silent or impotent in dealing with North Korea and Iran.

A leaking well, spewing poison into the life chain, must be plugged at its source. Terrorist regimes and those that support such regimes should receive no less a response. Turkey and the rest of the world deserve an explanation. But Israel deserves to be treated like any other country that acts in defense of its borders and its people.

David Seidemann is a partner with the law firm of Seidemann & Mermelstein. He can be reached at (718) 692-1013 and at ds@lawofficesm.com