Flottilla Report 2018

SHURAT HADIN 2018
FLOTILLA
REPORT

Norway
Sweden
UK
Germany
Netherlands
France
Sicily
BACKGROUND
On Tuesday, May 29th, 2018, a cabal of anti-Israel NGOs, many
with ties to Islamic terrorist groups, organized a naval expedition
with the intent to breach Israel’s coastal blockade of the
the Hamas-controlled Gaza Strip. Those organizing the
so-called “Freedom Flotilla” were also key actors behind the
recent wave of massive Palestinian protests against Israel,
escalating the violence along the Gaza border and continuing
to threaten Israel’s security. They hoped to use their flotilla in
the same manner, to provoke the Israel Defense Force and
damage Israel’s reputation internationally. The participants
left from various cities across Europe and vowed to reach
Gaza by July.
This is only the most recent in a string of flotillas
launched for the same purpose, none of which have been
as “peaceful” as they would like the world to believe.
In 2002 and 2009, the Israeli Navy seized Gaza-bound ships
that were carrying rockets and other weaponry from Iran. In
2010, Turkish terrorists aboard a large flotilla ship attacked
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and severely wounded 10 Israeli soldiers when the vessel was
intercepted by the navy.
In 2011, many of the same activists launched yet another
Gaza-bound flotilla, and Shurat HaDin was once again at the
forefront of the battle to stop this dangerous provocation.
In response to Shurat Hadin’s legal maneuvers , the launch
was delayed in Greece and several of the boats were forced
to drop out. Further legal tactics by Shurat HaDin eventually
resulted in the complete cancellation of the flotilla. Shurat
HaDin has worked hard to ensure that these illegal and
unconscionable flotilla campaigns are stopped before they
can threaten Israel’s safety. This report aims to shed light
on Shurat HaDin’s most recent efforts.
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WE CONTACTED 400 MARITIME
INSURANCE COMPANIES
Shurat HaDin’s goal was to stop the flotilla using legal means,
in order to avoid the use of force or endanger IDF soldiers.
In 2011, Shurat HaDin successfully utilized “lawfare” to halt
a flotilla aiming to provoke the IDF by breaching the Gaza
blockade. This summer, Shurat HaDin intervened once again.
Boats traveling on the open sea are required to have maritime
insurance to sail. Thus, we sent out a letter to every single
major maritime insurance company, placing them each on
notice that if they providing maritime indurance to the ships,
they could be held criminally and civilly liable for any harm
caused by the flotilla, including future attacks perpetrated
by Hamas. These letters were faxed and emailed to over
400 maritime insurance companies worldwide.
In direct response to our communication, Havtrygd,
the insurer of the primary flotilla boat, canceled
its insurance to avoid liability.
The insurance company also noted the boat owner’s
deception, as their policy specified that the boat was
registered as being utilized for fishing expeditions only.
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The insurance of “Kårstein” (MMSI 257521500)
Regarding the vessel “Freedom” (MMSI 265808620) - Havtrygd has not registered an
insurance policy for this vessel.
29.06.2018
Dear Nitsana Darshan-Leitner.
Havtrygd Gjensidige Forsikring (“Havtrygd”) is an insurance company for Norwegian
vessels, offering insurance according to the conditions stated in Nordisk Sjøforsikringsplan
av 1996 (the Nordic Marine Insurance Plan of 1996).
The vessel Kårstein was insured as a fishing vessel. The insurance conditions for fishing
vessels states that the insurance coverage is meant for activities in conjunction with
performing fisheries. Further, the insurance condition states that, for the insurance to be
valid any major change in risk factors shall be communicated with the insurer before the
vessel engages in such risks, cf. the Insurance plan chapter 3, section 2.
According to the Nordic Marine Insurance plan chapter 17, section 1, the insurance for
fishing vessels is only valid within a defined area, from 40 degrees north and northward.
Hence, south of the 40th parallel north, the ship will be outside the perimeter where the
insurance applies.
The information given in your letter dated June 27, 2018 regarding the Kårsteins movement
and potential activity, has made Havtrygd aware that the owners of Kärstein are in breach
of the conditions for the insurance as mentioned above, and the vessel has therefore not a
valid insurance in Havtrygd. This has been communicated to the owner of the vessel.
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WE CONTACTED FACEBOOK,
TWITTER, AND INSTAGRAM
Shurat HaDin sent letters to Facebook, Twitter, and Instagram
to, likewise, put them on notice about their possible criminal
and civil liability for providing social media services to flotilla
participants.
THE ORGANIZERS USED SOCIAL MEDIA POSTINGS
TO RECRUIT, MOBILIZE SUPPORT AND PUBLICIZE
THE FLOTILLA’S ILLEGAL ACTIVITIES.
We informed these major social media platforms that providing
accounts not only constitutes a violation of international
law, but also violates the United States’ criminal anti-terrorism
statutes. We warned them that they risked criminal and civil
prosecution by hosting posts and profiles of participants in a
flotilla aimed at assisting the internationally recognized terror
group known as Hamas.
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WE ASKED ATTORNEY GENERAL
JEFF SESSIONS TO INTERVENE
As part of our effort to stop the flotilla before it reached
Gaza, we reached out to Attorney General Jeff Sessions.
We sought to make the Department of Justice aware
of the American individuals and organizations
connected to the illegal flotilla.
We requested that it immediately investigate their efforts
to aid and abet terrorist organizations like Hamas.
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Bulent Yildirim, President
of the Turkish terrorist group
I.H.H., meeting with Ismail
Haniyeh, the Prime Minister
of Gaza [Hamas].
WE INVESTIGATED THE
ORGANIZATIONS PARTICIPATING IN
THE FLOTILLA AND FILED A COMPLAINT WITH THE
IRS AGAINST A U.S. BASED CHARITY
The 2018 Flotilla was organized by the Freedom Flotilla
Coalition (FFC), a coalition of 13 organizations comprised
of representatives from various countries. Because the
FFC has ties to terrorist groups, we suspected that some
of these partner organizations might be in violation
of their home country’s laws regarding their status
as charitable organizations.
We investigated the laws in each country and found that
Non-Violence International (NVI), a U.S.-based flotilla
participant, is indeed registered as a 501(c)(3) charitable
organization in the United States. Organizations receiving
501(c)(3) status are not permitted to use their income and/
or assets to support illegal or terrorist activities, engage
in political campaigning or excessive lobbying, or engage
in activities that are not in keeping with the charitable purpose
for which they received their tax-exempt status. Non-Violence
International’s involvement with the flotilla places it in
violation of all these provisions.
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We filed a whistleblower complaint with the IRS, outlining
Non-Violence International’s violations.
The flotilla is an overtly political endeavor that
encourages and advocates illegal actions and violence
in relation to the Gaza blockade.
The flotilla is attempting to influence the public policy and
legislative standing of the State of Israel. In doing so, NVI
is in violation of its stated mission and charitable purpose
of reducing violence and encouraging passivity. Moreover,
the FFC’s active association with representatives of terror
groups like IHH and Hamas make it likely that NVI’s support
of the FFC will end in the hands of terrorists. Hamas in particular
was designated by the United States Government
as a Specially Designated Terrorist (“SDT”) continuously since
1995, as a Foreign Terrorist Organization (“FTO”) continuously
since 1997, and as a Specially Designated Global Terrorist
(“SDGT”) continuously since 2001.
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WE SUCCESSFULLY SECURED A LIEN
FOR SEIZURE OF THE BOATS SHOULD
THEY ENTER ISRAELI WATERS
Shurat HaDin filed and won a motion in the District Court
of Jerusalem to place a lien on the flotilla boats. The judge
ruled that if any boat reaches an Israeli port, a lien will be
placed on that boat.
Israeli terror victims holding judgments against
Hamas will be entitled to the proceeds.
Norwegian and Swedish flagged boats attempted to breach
the blockade. They were intercepted by the Israeli Navy and
towed to the Port of Ashdod. Shurat HaDin is now taking
steps to seize the ships on behalf of the terror victims.
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WE PUBLISHED NEWS OF THE LIEN
WE OBTAINED ON THE BOAT
Shurat HaDin launched a campaign to disseminate news
of our victory in the Jerusalem District Court and the lien
we obtained on any boat should it dock in an Israeli port.
We utilized social media services to spread the word across
various platforms, creating significant chatter and concern
about our legal strategy among the flotilla participants.
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LEGAL PROCEEDING IN ITALY
Shurat HaDin acquired the services of lawyers in Italy to file
complaints with the Italian Port Authority and police, advising
them about the illegal activities of the flotilla and the lien
that was obtained against the boats in the Jerusalem District
Court. We also served the judgment granting the terror
victims a lien on the boats and served the court order
on each of the captains.
The captains all cowardly refused service of the
court papers.
In support of our efforts in Italy, we compiled information for
a detailed report by an expert witness. The report contained
all the relevant information about Hamas, its complete
control of Gaza and how the boats would be confiscated by
the terror group if they were permitted to sail there. We filed
it with the Italian court.
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WE PETITIONED THE ISRAELI ATTORNEY
GENERAL AND MINISTER OF JUSTICE
Many of these same agitators and provocateurs in this latest
flotilla were also involved in previous attempts to breach the
Gaza blockade. Each time they have been expelled from Israel,
but, shockingly, they have yet to suffer any civil or criminal
consequences for their actions.
Each time they launch a new flotilla, the Israeli people
are left to bear the financial burden of stopping them.
Negligently, Israel refuses to take the necessary action
to ensure that the organizers and participants are
deterred from repeating their criminal efforts.
Thus, Shurat HaDin sent letters to Attorney General Avichai
Mandelblit, and Justice Minister Ayelet Shaked, urging them
to exercise all available avenues — both criminal and civil —
to hold the flotilla activists accountable for their repeated
attempts to breach Israel’s legal blockade.
The letters ask Mr. Mandelblit to take direct action, arrest
and prosecute the flotilla participants should they arrive
in Israel. They ask Ms. Shaked to ensure all legal steps are
taken, including filing a civil lawsuit, to hold the participants
responsible for the costs and damages incurred by the
Israeli government in stopping what is clearly an illegal
breach of an internationally recognized blockade.
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Shurat HaDin is the leading
civil rights organization in
Israel that goes on the legal
offensive against terrorists,
their proxies, financial backers
and other enemies of the State
of Israel. With your help, our
small team is committed to
developing new methods of
advocacy for Jews worldwide
and training the next generation
of pro-Israel activists to
use the law as a weapon
against terror.
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It is only with support from pro-Israel
activists that we can continue to act on
behalf of terror victims and their families.
It is only with support from people like
you that we can continue using the law
to protect the State of Israel.
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BE A PARTNER – JOIN OUR FIGHT!
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