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95-473: The report found that the blockade of Gaza was legal on the basis that human rights organizations have found that 60% of Gazans suffer from "'food insecurity' (i.e., the lack of physical and economic access to sustainable food sources), and not [from] 'starvation' (a deliberate deprivation of food, which is intended to weaken or annihilate the population)." The report has been criticized for being inconsistent with human rights reports and for inadequate treatment of

190-528: A "humanitarian minimum" suggested an intent to collectively punish the Gazan population, a claim not adequately addressed by the report. He specifically noted that the blockade prevented the entry of essential medical supplies and basic food items, including lentils, pasta, and tomato paste. Furthermore, Finkelstein cited a report from the Israeli human rights organization Gisha, which detailed items restricted by

285-440: A United Nations report, after analysis of both Turkey and Israeli national investigations, concluded that the Israeli blockade was legal, but that Israel army used excessive force in this incident. The report also mentioned "serious questions about the conduct, true nature and objectives of the flotilla organizers, particularly IHH."[UN Palmer Report 2011, p. 4.] İHH abstained from the 2011 flotilla, citing outstanding damage to

380-802: A boat carrying weapons docked in Syria in September 2012 and "was registered to members of the IHH, which has ties to the Muslim Brotherhood". Samar Srewel, an FSA activist who had helped to organize the consignment, told The Times : "It was clear from that second what was happening. The Muslim Brotherhood, through its ties in Turkey, was seizing control of this ship and the cargo. This is what they do. They buy influence with their money and guns." On 18 March 2016, Russia's UN Ambassador Vitaly Churkin sent

475-737: A ghost city in the aftermath of the quake disaster and ensuing tsunami and it may take long years for Japan to recover from the aftereffects of the disaster. Güzel noted that the humanitarian crisis in Japan may deteriorate if international aid is not provided to the country. As reported on 28 March 2015, the IHH secured the release of two Czech tourists, Antonie Chrástecká and Hana Humpálová , following two months of intense negotiations. They were kidnapped near Taftan, Pakistan, by an al Qaeda-linked armed group on 13 March 2013, while travelling overland from Europe to India. The New York Times reported that IHH assisted Erdogan in 2010 elections, specifically with

570-867: A letter to the UN Security Council saying that three Turkish humanitarian organizations (NGOs) sent weapons and supplies to extremists in Syria on behalf of Turkey's MIT intelligence agency during the Syrian civil war . The three NGOs were the Besar Foundation, the Iyilikder Foundation and the Foundation for Human Rights and Freedoms (IHH). At an interview with the Investigative Project on Terrorism in 2018, former Turkish National Police official Ahmet Yayla said

665-406: A more restrictive manner of sentencing: for example, all European Union countries have accepted as a treaty obligation that no crime warrants the death penalty , whereas some other countries in the world do use it. In self-defense cases, the amount of force employed by the defender must be proportionate to the threatened aggressive force. If deadly force is used to defend against non-deadly force,

760-444: A role in assisting Al Qaeda in planning a terrorist attack against Los Angeles international airport . IHH denied their connection to Al Qaeda. The project aims at performing 100.000 free cataract surgery operations in ten African countries: Sudan, Ethiopia, Somalia, Chad, Niger, Togo, Benin, Gana, Mali, and Burkina Faso. Volunteer Turkish surgeons and nurses take part in the project and travel to African countries for surgery. One of

855-464: A total of 376,777 people. Relief efforts, totaling TL 2,420,612 ( c US$ 400,00) included food and medicine distributions, digging 70 water wells, health screenings, fitr (alms) donations and iftars (fast-breaking meals). With regards to its work in Somalia, one worker said that "the İHH already has been working in Somalia for the last 15 years in the fields of education and social and medical care. As for

950-570: Is a conservative Turkish GONGO , active in more than 120 countries. Established in 1992 and officially registered in Istanbul in 1995, İHH provides humanitarian relief in areas of war, earthquake, hunger , and conflict. The İHH holds Special Consultative Status with the United Nations Economic and Social Council since 2004. Current president of the İHH is Fehmi Bülent Yıldırım . In 2015 IHH notably campaigned to turn

1045-600: Is also their goal to deliver humanitarian aid to all people and take necessary steps to prevent any violations against their basic rights and liberties. These goals are achieved through the delivering of foodstuffs, clothes and tents to crisis regions hit by wars, conflicts, and natural disaster to meet urgent needs of victims. The foundation further provides health services in drought and aridity-stricken regions where poverty and deprivation have become chronic, and carries out long-term projects that aim at enabling local peoples stand on their own feet. For those wanting to work with

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1140-461: Is launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality) (Article 8(2)(b)(iv)). Article 8(2)(b)(iv) criminalizes: Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to

1235-647: Is no longer the lesser evil of only two choices. Alternatives involving still less societal harm are available. In United States Law , the United States Supreme Court proposed the Proportionality Doctrine in three cases during the 1980s, namely Enmund v. Florida (1982), Solem v. Helm (1983) and Tison v. Arizona (1987), to clarify this key principle of proportionality within the Cruel and Unusual Punishment Clause of

1330-507: Is said to be connected to directly involved in weapons trafficking in Libya, India and to Al Qaeda affiliated organisations such Nusra Front in Syria. The IHH has been accused by the chief of French counterterrorism unit of having ties to Islamist organizations such as Al Qaeda. IHH was accused in a bipartisan bill by Congress of being a member of the Union of Good . The IHH has close links to

1425-633: The Africa Cataract Project , begun in 2007, in ten African countries. İHH has made it possible for thousands of people who have cataracts but who lack the economic means to be treated to see again. İHH built 1174 water wells in Africa. İHH sent two cargo planes to Haiti with 33 tons of humanitarian aid supplies after the 2010 Haiti earthquake . In December 2007, Today's Zaman wrote that "various civil society organizations such as Kimse Yok Mu? (Is Anybody There?), Deniz Feneri (Lighthouse),

1520-627: The Eighth Amendment . The fundamental principle behind proportionality is that the punishment should fit the crime. In 1983, the U.S. Supreme Court ruled that courts must do three things to decide whether a sentence is proportional to a specific crime: Proportionality is also present in other areas of municipal law in the United States, such as civil procedure. For example, it is embodied in Fed.R.Civ.P. 26(b)(2)(C), which considers whether

1615-681: The European Convention on Human Rights , proportionality is one of main principles utilised by the European Court of Human Rights used for scrutinizing actions adopted by national authorities which restricts rights under the Convention - the other is the margin of appreciation . While the European Union has placed a consistent focus on the proportionality test in the context of policy issues, namely human rights,

1710-597: The Gaza War . IHH has been involved with the United Nations in a number of ways. For example, the Foundation for Human Rights and Freedoms and Humanitarian Relief attended the 44th Session of the Commission for Social Development and contributed to the panel discussion for the eradication of poverty. The group has attended other meetings, including: Refugees (UNHCR) According to Jean-Louis Bruguiere , who

1805-518: The Hagia Sophia into a mosque. İHH is also active in SAR (Search and Rescue) operations. Hosting around 850 volunteer search and rescue trained personnel, İHH has multiple SAR teams stationed in different cities of Turkey, ready for action at all times. The İHH was owner and operator of three flotilla ships involved in the convoy intended to breach the blockade of Gaza in 2010. These ships included

1900-862: The MV Mavi Marmara , a passenger vessel that served as the flagship of the convoy. Nine passengers aboard the Mavi Marmara , many of them members of the İHH, were killed by the Israeli military during the Gaza flotilla raid . The IHH through its collaboration with Turkish intelligence , sometimes acts as an intermediary between the National Intelligence Organisation and the Syrian rebels . A sister organization, IHH Germany has been banned in Germany . The IHH

1995-662: The Millennium bomb plot against LAX airport, Los Angeles. That IHH was banned in Germany later turned out to be a mixup between the Turkish İnsan Hak ve Hürriyetleri and the banned German Internationale Humanitäre Hilfsorganisation e.V. The U.S. government said it "cannot validate" any relationship or connection between İHH and al-Qaida. Turkish authorities made no further efforts after the raid regarding support for Bosnian, Chechen and Afghan fighters and IHH replied that there

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2090-602: The National Intelligence Organization has used Turkey's IHH as an intermediary to provide al-Qaeda with weapons. Recent court case in Turkey 11.06.2021 in relation to the bombing that killed over 100 people in Ankara October 2015, evidence and witness accounts showed ISIS affiliated groups were supported by IHH to give aid and more. [1] Anadolu Agency reported that two employees of IHH, were detained for alleged links to al-Qaida, in

2185-615: The Rome Statute , the death of civilians during an armed conflict, no matter how grave and regrettable, does not in itself constitute a war crime. International humanitarian law and the Rome Statute permit belligerents to carry out proportionate attacks against military objectives, even when it is known that some civilian deaths or injuries will occur. A crime occurs if there is an intentional attack directed against civilians (principle of distinction) (Article 8(2)(b)(i)) or an attack

2280-438: The United Nations Economic and Social Council since 2004. İHH is the organizer of Africa Cataract Project which aims to fight against blindness in Africa. The IHH's stated public aims to reach every region hit by wars, disasters, poverty and human rights abuses, and believes that civilian initiatives play a complementary role beside intervention by states and international organizations in resolving humanitarian problems. It

2375-532: The principle of proportionality regarding the blockade of Gaza. Specifically, the report denies the existence of a humanitarian crisis in Gaza. The report has also been criticized for failing to reconcile its conclusions with the findings by Israeli doctors that all of the dead passengers suffered multiple bullet wounds and five were shot in the neck or head. The first part of the report was published in January 2011,

2470-458: The 'test has not enjoyed universal favour'. However, Owen Dixon CJ made clear that 'the question is essentially one of connexion, not appropriateness of proportionality, and where a sufficient connexion is established, it is not for the Court to judge whether the law is inappropriate or disproportionate'. In criminal law, the principle of proportional justice is used to describe the idea that

2565-695: The Foundation for Human Rights and Freedoms and Humanitarian Relief (İHH) and Can Suyu assisted thousands of charitable donors in reaching out to poverty-stricken residents of the Kurdish-dominated eastern and southeastern regions of Turkey." World Bulletin wrote in August 2009 that hundreds of water wells were dug and fountains were built in an aid effort under the leadership of Foundation for Human Rights and Freedoms and Humanitarian Relief (İHH) across African countries. Several Turkish nongovernmental organizations, such as Kimse Yok Mu? (Is anybody there?),

2660-483: The Gaza Strip ended when it completed the disengagement from the territory. The purpose of the naval blockade was primarily a military- security one. The naval blockade was imposed on the Gaza Strip lawfully, with Israel complying with the conditions for imposing it. The commission also stated that Israel is complying with its humanitarian obligations as the blockading party, including the prohibition against starving

2755-622: The Gaza Strip. On 18 June 2010, the Israeli Ministry of Foreign Affairs released video footage of a rally on board the Mavi Marmara the day before the raid in which the İHH President Fehmi Bülent Yıldırım declared to dozens of activists: "And we say: 'If you [Israel] send the commandos, we will throw you down from here to the sea and you will be humiliated in front of the whole world'", as participating passengers chant "millions of martyrs marching to Gaza!" In September 2011,

2850-422: The Gaza flotilla raid, Jacob Turkel told the Israeli government that the commission could not do its job without expanded investigative powers. Other jurists criticized the panel's limited mandate, and the Israeli peace group Gush Shalom sent a petition to Israel's High Court of Justice . As of June 2010, the committee had no power to subpoena witnesses and cannot draw personal conclusions against those involved in

2945-602: The Gaza flotilla vessels was consistent with established international naval practice. Regarding the use of force, the commission concluded the following: The commission examined 133 incidents in which force was used. The majority of the uses of force involved warning or deterring fire and less lethal weapons. The commission found that overall, the IDF personnel acted professionally in the faces of extensive and unanticipated violence. This included continuing to switch back and forth between less-lethal and lethal weapons in order to address

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3040-508: The Gaza flotilla, like for earlier flotillas organized by the Free Gaza Movement, was to break through Egypt's and Israel 's blockade of the Gaza strip and to deliver humanitarian supplies. The İHH spent more than $ 2 million on the ships. İHH activists were set apart from other activists involved in the mission by a willingness to resist and initiate violence against Israeli and Egyptian border controls. On 31 May 2010, after

3135-519: The Government has a duty to consider the "due representation" of women from all segments of the population in any policy-making committee, including on peace and security teams. Dismissing the Government's claims that it was too late to add new members to the commission because its work is too far advanced, and that there were no qualified women to be found, the High Court issued a decree ordering

3230-435: The Government to add at least one woman to the commission's panel. The Court added that if the Government approaches five qualified women and all of them refuse the invitation to serve on the commission, then this time around the Government would be considered as having fulfilled its legal obligation to consider women's representation. Two weeks after the Court's ruling, the Government announced that five women refused to serve on

3325-674: The Humanitarian Aid Foundation (İHH) and Deniz Feneri (lighthouse), also provided aid to storm survivors in Bangladesh. İHH previously sent packages containing flour, legumes, oil and sugar to 350 families residing in Zewaya Dugda, one of the poorest regions in the Ethiopia. The UN announced that around 6 million children in Ethiopia faced risk of acute under-nutrition and urged countries to send aid. After

3420-720: The IHH refused a request by the Israel Defense Forces to check the ship's cargo in the Ashdod port, Israeli forces intercepted the fleet in international waters. On the MV Mavi Marmara , one of the ships owned and operated by the İHH, boarding Israeli forces came under coordinated armed attack. In the clashes, nine activists were killed (Eight Turkish nationals and a Turkish-American ), and dozens of activists and seven Israeli commandos were wounded. On three other ships, activists showed passive resistance , which

3515-437: The Israeli cabinet voted to expand the committee's powers to include subpoenas and receiving sworn testimony but with the proviso that they cannot speak with any IDF soldiers. Israel's High Court of Justice provided strong support for the criticism against the absence of women on the commission, when it found for the petitioners, Israeli feminist NGOs led by Itach-Maaki: Women Lawyers for Social Justice. The petitioners challenged

3610-462: The Mavi Marmara. In September 2011, Istanbul Deputy Public Prosecutor Ates Shasan Sozen told the Turkish daily Today's Zaman that the IHH identified and submitted a list of 174 IDF soldiers to the Prosecutor's Office. The flotilla event generated mixed perceptions of IHH. The group was described as a humanitarian group and as a charity following the flotilla event; however, the group

3705-479: The Turkish government and specifically the ruling Turkish political party AKP under Turkish president Erdogan . The New York Times reported that IHH assisted Erdogan in 2010 elections. IHH receives funding from the Qatari Eid charity. The Istanbul-based Foundation for Human Rights and Freedoms and Humanitarian Relief (İHH) is an Islamic charity group that was formed to provide aid to Bosnian Muslims in

3800-487: The United Kingdom and Brig.-Gen. (Ret.) Ken Watkin , Q.C. of Canada. The foreign observers took part in hearings and discussions, but did not vote on the proceedings or the final conclusions. Turkel informed the two foreign observers that they would be allowed to question witnesses freely during the hearings and examine any material they wished, but that they might be denied access to documents or information if it

3895-523: The absence of women on the commission, particularly after its expansion from three to five members, when it was no longer composed only of international law experts, but included a diplomat and a civil law expert. The Court ruled that by failing to nominate women, Israel's Government violated its duty under the Equal Rights for Women's Law. The Law was amended in 2005, following United Nations Security Council Resolution 1325 . According to this Amendment,

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3990-485: The advanced age of the three initial Israeli members (average age, 85) and that all members were male. Turkel committee to hold first meeting on Wednesday , Haaretz Proportionality (law) Proportionality is a general principle in law which covers several separate (although related) concepts: A concept of proportionality that was testable in law was first developed in the German administrative courts in

4085-490: The anticipated civilian damage or injury; (b) the anticipated military advantage; (c) and whether (a) was "clearly excessive" in relation to (b). IHH (Turkish NGO) IHH Humanitarian Relief Foundation ( Turkish : İHH İnsani Yardım Vakfı ; full: İnsan Hak ve Hürriyetleri ve İnsani Yardım Vakfı , in English: The Foundation for Human Rights and Freedoms and Humanitarian Relief ) or İHH

4180-399: The blockade complies with the principle of proportionality has also been contested. First, on the basis that the intentional infliction of starvation is not the only test of a blockade's legality. Second, a blockade causing a civilian population to be inadequately supplied with food to cause hunger may constitute a disproportionate effect. The commission's chairman Jacob Turkel also criticized

4275-430: The blockade. These items encompass a variety of goods such as spices (sage, coriander, ginger), food products (jam, halva, vinegar, nutmeg, chocolate, fruit preserves, seeds, nuts, biscuits, potato chips), and non-food items (musical instruments, notebooks, writing materials, toys, chicks, and goats). He argued that the restriction of these goods further indicated the punitive nature of the blockade. The report's claim that

4370-488: The burden or expense of the proposed discovery outweighs its likely benefit. Proportionality is a key consideration in the discovery process, and has been applied to e-discovery, where it has been attributed with significant cost-savings. It is likely that proportionality will be applied to new and developing areas of law, such as the law of legal technology. The harm caused to protected civilians or civilian property must be proportional and not "excessive in relation to

4465-406: The butt of a gun. In five out of the 127 incidents that appeared to be in conformity with international law, there was insufficient evidence to conclude that the use of force was also in accordance with law enforcement norms. However, in these cases, force appeared to be used against persons taking a direct part in hostilities and, as a consequence, was in conformity with international law. Regarding

4560-426: The civilian population or preventing the supply of objects essential for the survival of the civilian population and medical supplies, and the requirement that the damage to the civilian population is not excessive in relation to the real and direct military advantage anticipated from the blockade. The imposition and enforcement of the naval blockade on the Gaza Strip was not found to constitute "collective punishment" of

4655-422: The collective punishment of a civilian population by restricting its movement and access, as Israel did in its closure of Gaza, of which the maritime closure was an integral part." Political scientist Norman Finkelstein criticized the report for being a "whitewash." Finkelstein challenged the report's conclusion that the blockade did not deliberately cause hunger, arguing that the limitation of "civilian goods" to

4750-404: The commission said. In its final remarks, the committee concluded that: Turkey and Palestinian leader Mahmoud Abbas dismissed the Israeli investigation and said it would not meet demands set by the UN Security Council. The Israeli newspaper Haaretz described the investigation as more and more like a "farce" and criticized its credibility and fairness. UN Secretary-General Ban Ki-moon repeated

4845-434: The commission, and that it therefore considered itself in compliance with the law. Justice Minister Yaakov Ne'eman, after reportedly lying to Government Cabinet on his actions toward nominating women, publicly expressed his view that the Court's ruling was a severe mistake. The ruling, however, have made an ongoing impact on the governmental culture with regards to women. When, in August 2010, Prime Minister Netanyahu announced

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4940-610: The concrete and direct military advantage anticipated" by an attack on a military objective. Luis Moreno-Ocampo was the Chief Prosecutor at the International Criminal Court who investigated allegations of war crimes during the 2003 invasion of Iraq . He published an open letter containing his findings; in a section titled "Allegations concerning War Crimes", he elucidates this use of proportionality : Under international humanitarian law and

5035-575: The conservative Muslim vote. They New York Times also reported that IHH was close to the elite in Turkey. The IHH has repeatedly supported the reconversion of the Hagia Sophia , a former Christian Cathedral which was converted into a Mosque after the Ottoman conquest of Istanbul and is now a Museum and a UNESCO World Heritage Site, into a Mosque, and in 2015 IHH organised and led political rallies in Istanbul, in an effort to support its cause. IHH

5130-450: The demand for an independent investigation, stating that the Israeli investigation will not have international credibility. Amnesty International called the commission a "whitewash," saying it "reinforces the view that the Israeli authorities are unwilling or incapable of delivering accountability for abuses of international law committed by Israeli forces." The Israeli human rights group Gisha said that "No commission of inquiry can authorize

5225-438: The duties of the party imposing the blockade concerning the entity subject to the blockade. Regarding the legality of the raid itself, the commission reached the following conclusion: A vessel that attempts to breach a blockade is subject to international law governing the conduct of hostilities, and international humanitarian law, including the rules governing the use of force. The Israeli armed forces' interception and capture of

5320-493: The earthquake and to Pakistan due to the floods and lastly went to Tunisia and Libya due to the recent developments. Our team will contact with Japanese authorities to organize relief works. Our team will bring sonar system and search and rescue equipments." The IHH aid team conducted relief efforts in Sendai which was most heavily devastated by the earthquake and took relief to around 5.000 people. Güzel said Sendai has turned into

5415-553: The earthquake in Indonesia, Doctors Worldwide and The Foundation for Human Rights and Freedoms and Humanitarian Relief (IHH) sent volunteers and aid to Indonesia. İHH opened mosques, dug waterwells, distributed Qur'ans , organized iftars , aiding orphans and refugees in Darfur . In Gaza , the İHH is renovating the port, funding a Turkish-Palestinian school and plans to build a hospital and apartments for Gazans made homeless during

5510-423: The field of constitutional law. In particular, it required statutes limiting fundamental rights and acts resting on such statutes to also satisfy the proportionality test. In European Union law there are generally acknowledged to be four stages to a proportionality test, namely, It is, however, often seen that the third and fourth criteria are often merged into one by the European Court of Justice , depending on

5605-480: The flotilla's participants. The commission was approved by the Cabinet of Israel on 14 June. The commission could hold sessions behind closed doors if it so decided. The inquiry was to exclusively examine the legality of Israel's naval blockade of Gaza and the flotilla raid. Amid widespread media criticism that painted the commission as a tool to justify the blockade of Gaza, the use of force to maintain it and

5700-469: The food crisis, the activities will continue for at least another three years because the drought has spread and it sounds like it's not over. But as for other fields, the İHH is there and the activities will continue." He continued that "in order to help families of orphans to make a living and stand on their own two feet, we gave the families of 40 orphans sewing machines and cows, while we gave another 20 families sesame and flour milling machines. In addition,

5795-425: The harm inflicted by the actor (death or serious bodily harm) will be greater than the harm avoided (less than serious bodily harm). Even if deadly force is proportionate, its use must be necessary. Otherwise, unlawful conduct will only be justified when it involves the lesser harm of two harmful choices. If countering with non-deadly force or with no force at all avoids the threatened harm, defensive use of deadly force

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5890-597: The items included 270 containers which contained both food and non-food items. This was among clothes, shawls, footwear, and food items including rice, beans, canned food, power milk and children's cereal that were also distributed. In response to the humanitarian situation during 2011 Libyan civil war , IHH sent a cargo ship carrying nine containers, 141 tons of humanitarian aid including medication, food packages, infant formula, milk powder, hygiene kits and clothing. The ship set sail from Turkey and dropped anchor in Malta. IHH

5985-593: The late 19th century, notably the Prussian Oberverwaltungsgericht (appeals court of general administrative jurisdiction), to reign in the discretion to act granted to the police by statute. The proportionality test was later popularized by its application in the jurisprudence of the Federal Constitutional Court of Germany ( Bundesverfassungsgericht ), which took its existence for granted and transferred it to

6080-402: The launch of direct peace negotiations, he announced that he would abide by his legal duty and nominate women to the negotiation team. Shortly afterwards, when Defense Minister Ehud Barak established an investigative committee to inquire about the " Yoav Galant Document" affair, he too nominated a woman to that committee. Others have criticized the composition of the committee, specifically that

6175-406: The legality of the Israeli blockade and the legality of the Israeli navy's actions during the raid, and determining whether investigations of claims of war crimes and breaches of international law conform to Western standards. It was also charged with looking into the Turkish position, and the actions taken by the flotilla's organizers, especially the IHH, and examining the identities and intentions of

6270-545: The margin of discretion that the Court sees as being afforded to the member state. Examples are found in R (Seymour-Smith) v Secretary of State for Employment , where the ECJ points out that a member state has some discretion in the policies it pursues, surrounding unfair dismissal , in reducing unemployment. Further examples of the proportionality test are seen in Mangold v Helm and Kücükdeveci v Swedex GmbH & Co KG . In

6365-647: The mid-1990s. It has been involved in aid missions in Pakistan , Ethiopia , Lebanon , Indonesia , Iraq , Israel, Sudan , Somalia , Ghana, Mongolia, China, Brazil, Argentina and other places. The organization is active in Turkey , the Middle East , Europe, Africa, South America , Central Asia, South Asia, and the Caucasus . İHH has held Special Consultative status as an NGO (non-governmental organization) in

6460-495: The natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated; Article 8(2)(b)(iv) draws on the principles in Article 51(5)(b) of the 1977 Additional Protocol I to the 1949 Geneva Conventions , but restricts the criminal prohibition to cases that are " clearly " excessive. The application of Article 8(2)(b)(iv) requires, inter alia , an assessment of: (a)

6555-416: The nature of the violence directed at them. The commission concluded that in 127 cases, the use of force appeared to be in conformity with international law. In six cases, the commission concluded that it had insufficient information to be able to make a determination. Three out of those six cases involved the use of live fire and three cases involved physical force; two incidents of kicking and one strike with

6650-509: The objectives of the program is to offer free eye care for needy people. The Turkish International Cooperation and Development Agency and Turkey's and Sudan's Ministries of Health are supporting the project. All surgeries are broadcast live on the project website and the IHH website. In 2011, IHH worked with Turkish aid groups like Kimse Yok Mu, the Turkish Red Crescent (Kızılay) and Doctors Worldwide in Somalia. IHH aid reached

6745-662: The organisation is opposed to violence and relies on donations from the Turkish public, up to 80 per cent of which come from poor families. Some of the allegations included that IHH has been banned in Germany, that IHH has raised funds for jihadi fighters in Bosnia, Chechnya, and Afghanistan, that French intelligence has documented calls between the group and an Al Qaeda boarding house in Milan, Italy, as well as Algerian militants in Europe, and that IHH reportedly played an "important role" in

6840-479: The organization, some emphasized activities include take active part in their activities, making donations or fund-raising, organizing seminars, and distributing posters. It receives funding from the Qatari Eid charity. Trustees of the organization include: The Foundation for Human Rights and Freedoms and Humanitarian Relief belongs to a number or organizations, including the UN's Economic and Social Council (ECOSOC) in

6935-416: The planning and organization of the IDF mission to enforce the blockade, the commission stated that violent opposition to the boarding was not anticipated, and this had a direct impact on the operational tactics, rules of engagement, and training before the operation. However, the focus of the planning and organization of the operation on a lower level of resistance did not lead to a breach of international law,

7030-403: The population of the Gaza Strip. The commission further found that international law does not give individuals or groups the freedom to ignore the imposition of a naval blockade that satisfies the conditions for imposing it and that is enforced accordingly, especially where a blockade satisfies obligations to neutral parties, merely because in the opinion of those individuals or groups it violates

7125-528: The proportionality test in the Australian context is a matter of constitutional interpretation with respect to legislative power under the Constitution. Unlike Europe, the proportionality test as a means to characterize whether Commonwealth legislation falls under a head of power under section 51 of the Constitution of Australia , has attracted divergent viewpoints, in which Kirby J has remarked that

7220-429: The punishment of a certain crime should be in proportion to the severity of the crime itself. In practice, systems of law differ greatly on the application of this principle. The principle of guilt is an absolute standard from which the 17th century Bloody Code of England emerged, which specified the death penalty even for minor crimes. In the 18th century Cesare Beccaria published On Crimes and Punishments which

7315-421: The raid, that includes two international observers and is headed by retired Supreme Court of Israel Justice Jacob Turkel . The Israeli members of the commission were as follows: The two international observers were: The committee was coordinated and managed by Hoshea Gottlieb . The committee also contracted the services of two foreign international law experts: The inquiry was charged with investigating

7410-463: The raid. Prime Minister Benjamin Netanyahu, Justice Minister Yaakov Neeman , Defense Minister Ehud Barak and Turkel engaged in intense negotiations on the mandate and powers of the commission. Barak refuses to let the panel question any Israel Defense Forces soldiers or officers aside from its chief of staff and its military advocate general. The two international observers were David Trimble of

7505-428: The report into two sections, the first dealing with the naval blockade of the Gaza Strip and the second with the operation to capture the Mavi Marmara. Regarding whether or not the naval blockade imposed on the Gaza Strip by Israel conformed to the rules of international law, the commission found that the conflict between Israel and the Gaza Strip is an international armed conflict and that Israel's “effective control” of

7600-491: The second part, titled "Israel’s Mechanisms for Examining and Investigating Complaints and Claims of Violations of the Laws of Armed Conflict According to International Law" was published in 2013. In the aftermath of the Gaza flotilla raid , Israel rejected calls from the United Nations and governments all around the world for an independent investigation of the events, but has formed a domestic commission of inquiry to investigate

7695-891: The special consultative status, the Organization of Islamic Conference's (OIC) Humanitarian Forum, the Council of International Organizations for Relief in Iraq, the Union of Non-governmental Organizations of the Islamic World (UNIW), and the Turkish Foundation for Volunteer Organizations (TGTV). The grouphas also received the following recognitions: The İHH provides social aid, Muslim cultural aid, educational aid, sanitary aid, emergency aid programs in 120 countries. It provides health care and water wells in Africa and runs

7790-504: The structure of the commission and threatened to resign if its powers were not expanded. He has requested that the commission be recognized as an official state commission of inquiry with full powers under the Commissions of Inquiry law, have two more members, be allowed to subpoena witnesses and documents, warn those who testify before it that the panel's findings could harm them, and hire outside experts in relevant fields. In July 2010,

7885-487: The very people who kill innocent victims," said Ali Cihangir, an IHH board member, referring to the Israeli raid on the Mavi Marmara that left nine Turkish activists dead. "There are political reasons countries are saying this about us." In April 2024, the Turkish government backed GONGO bought three ships in order to set out a convoy to Gaza strip . According to The Times , a Free Syrian Army commander said that

7980-492: The violence." It continued and said "by clearly resisting capture, the Mavi Marmara had become a military objective." "The commission accused the IHH , a Turkish Islamist charity that owned the Mavi Marmara , "of planned and extremely violent" resistance which was "directly connected to the ongoing international armed conflict between Israel and Hamas." The January 2011 report addressed the following: The commission members divided

8075-424: The work of the commission, stating that it had provided them with access to all materials and made sure they were full partners in the process and that "We are glad the commission made ongoing efforts to hear both sides." The first part of the findings were released January 23, 2011. In the 245-page report, the commission "cleared the government and military of wrongdoing" saying that the "passengers were to blame for

8170-571: The worst ethnic unrest in China in decades. Beijing claimed the riots were orchestrated by overseas activists for the rights of Uighurs, historically Xinjiang's largest ethnic group. Turkish Prime Minister Recep Tayyip Erdoğan has called the violence in Xinjiang "a kind of genocide." The IHH Humanitarian Relief Foundation sent a rescue team of 5 to the Japan. IHH deputy chairman Yaşar Kutluay said "we sent our team to Japan which also went to Haiti due to

8265-532: The İHH offered medical examinations to 400 orphans and treated 137 children with various diseases." In 2010, the ship Gazze set sail for Pakistan to deliver humanitarian aid to the people affected by floods in the country. In 2011, IHH worked with the Khubaib Foundation to distribute relief goods amongst 500 flood stricken families in Lakki Marwat, a southern district of Pakistan. Some of

8360-481: Was "almost certain to cause substantial harm to national security or to the state's foreign relations." According to the BBC and Der Spiegel , both observers are seen as friends of Israel. In an official letter to the commission after the release of the first part of their findings in January 2011, Trimble and Watkin stated that they had "no doubt that the Commission is independent." Both expressed their satisfaction with

8455-532: Was accused in a bipartisan bill by Congress of being a member of the Union of Good . In January 2010, the Free Gaza Movement and İHH announced a joint venture to send ten vessels to the Gaza strip in the spring of 2010, a flotilla to be further joined by organizations from Greece, Ireland and Sweden. On 30 May 2010, a flotilla of six ships carrying 663 activists from 37 nations rendezvoused near Cyprus and set sail for Gaza. The stated intention of

8550-582: Was accused of transferring weapons to forces allied with the Turkish government. The IHH worked with the Istanbul Peace Platform to host a conference focused on China's traditionally Turkic Muslim region of Xinjiang and which aimed to highlight the remote region's problems in the wake of July 2009 communal clashes. Official government sources said nearly 200 people were killed and 1,600 wounded in July 2009 riots in Xinjiang's capital, Ürümqi, in

8645-479: Was also challenged for alleged affiliations with organizations such as Hamas . Critics charged the allegations arose after the raid simply because of the scale of the political fallout from the raid. IHH maintained that the best way to judge it was its behavior and responded that "we collected US$ 1 million (Dh3.7m) for victims of the Haiti earthquake, and we delivered our aid in a church there." Other IHH officials said

8740-683: Was an acquittal in the court case and nothing ever came of the charges. Testimony regarding IHH and the Millennium bomb plot was thrown out in court by a judge because it would "necessarily be based upon hearsay". An IHH board member responded in the Los Angeles Times that IHH provides charity in more than 100 countries. He stated there was no proof that IHH has any connections to Al Qaeda or its affiliates, and also said that its involvement with Bosnia and Chechnya amounted to food, clothes and medicine. Those who "accuse us of terrorism are

8835-664: Was chief magistrate of the French counter terrorism unit and is as of 2024 the chief of the EU's and US Treasury's terror financing unit, the IHH had "clear, long-standing ties to terrorism and Jihad,". Burguiere told NBC that the organization was under investigation in the 1990s and was assisting Osama bin Laden 's Al Qaeda when they wanted to target the United States. Members of the Fateh Kamel cell worked in IHH. NBC reported that IHH had

8930-479: Was suppressed by Israeli forces without deaths or injuries, and two others were taken without incident. The activists were subsequently arrested and detained in Israel before being deported. Widespread international condemnation of the raid followed, Israel-Turkey relations were strained, Israel subsequently eased its blockade of the Gaza strip, and Egypt lifted its blockade, opening its Rafah Border Crossing with

9025-430: Was to form the basis of penology based on the relative standard of culpability . As a result, Jeremy Bentham developed the idea of the panopticon in which prisoners would simply be watched, rather than subjected to corporal punishment . The idea in practice became a cruel and ineffective corrective. In some systems, proportionality was interpreted as lex talionis , (an eye for an eye). In others, it has led to

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