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War of Words Lost in Translation
Analysis by Jacques N. Couvas
Source: IPS News
ANKARA, Sep 14, 2011 (IPS) – Bellicose dialectic between Turkey  and Israel reached a new height last week and has precipitated the  deteriorating relationship between the two former allies to new depth.  But it is for the moment unclear whether Turkish Prime Minister Recep  Tayyip Erdogan’s threats to cut the Israeli navy’s perceived power and  presence to size in Eastern Mediterranean represent a true tactical  decision in Ankara’s strategy to expand its influence in the Middle  East, or a mere coup-de- theatre for domestic and Arab consumption.
The crisis began ten days ago, following the publication on Sep. 2 of  the Palmer Report by the United Nations (UN), which qualified Israel’s  naval blockade of the Gaza Strip as legal under international law.  Israel imposed the blockade in 2007 after Hamas took control of this  Palestinian territory from Fatah, a rival revolutionary faction. Egypt  also reacted adversely to this change by closing the border with Gaza.  The decision was recently repealed, to allow cross-border circulation by  individuals only.
Hamas, founded in 1987 in Syria, is a spin-off of the Muslim  Brotherhood, an Egyptian religious militant movement. It is considered  by the United States, the European Union, Israel and a few other states a  terrorist group.
Relations between Ankara and Jerusalem became sour at the end of May  2010, when the Israeli Defence Forces (IDF) boarded a Turkish vessel,  Mavi Marmara, which was the flagship of a flotilla attempting to break  the blockade and deliver humanitarian goods to the Gaza Strip.  Encountering resistance by some of the passengers, IDF commandos opened  fire, killing nine Turkish citizens.
Turkey has insisted on receiving an official apology from Israel,  compensation for the victims, and lifting of the blockade. Israel has so  far offered to express regret for the loss of life due to “operational  mishaps” and to provide limited monetary damages to the families of the  deceased. U.S. State Secretary Hilary Clinton has in the past 15 months  tried to reconcile the positions of the Israeli and Turkish PMs, but the  release of the Palmer Report triggered Erdogan’s ire to a level  unexpected, in all evidence, by Washington.
The conclusions of the UN investigation committee on the incident  were due for publication early this year, but their communication was  delayed, first on the request of Turkey, which was heading to national  elections last June, then by Israel, whose prime minister is facing  serious domestic unrest because of the country’s housing shortages and  rising cost of living. But it proved difficult for the United Nations to  hold on to it any longer.
The Palmer Report grants legitimacy to the naval blockade of Gaza by  Israel and reprimands IDF for excessive use of force against civilians.  Turkey has reacted by rejecting the validity of the verdict and  threatening to take the matter against Israel to the International Court  of Justice, though this got confused with the ICC, which is the  International Criminal Court.
The threat last week from Turkish President Abdullah Gul speaking to  Arab TV, may genuinely reflect Ankara’s wish, but has very little legal  foundation, according to international law experts here and in  Washington consulted by IPS. The ICC does not operate like a regular  court, before which one can file a complaint and initiate a trial. It is  at the discretion of its prosecutor to determine whether an  investigation can be opened against a party, based on information  obtained from another party.
A prerequisite for this is that the accusations concern a war crime,  crimes against humanity, or genocide. Moreover, there is doubt as to the  court’s jurisdiction, as Israel has not ratified the treaty creating  the ICC.
Turkish officials were quick to point that there had been a  translation error in the declaration and that Gul had meant the  International Court of Justice (ICJ), not ICC. This avenue still  presents legal standing problems, as neither Turkey nor Israel accept  the compulsory jurisdiction of the court.
As soon as the Palmer Report was released Turkey downgraded  diplomatic relations among the states to the level of second secretary.  Ankara had recalled its ambassador to Jerusalem last year.
Last week Erdogan announced that all trade between the countries was  suspended, a decision rephrased soon thereafter to limit the sanction to  military purchases only. Israel is a major supplier of defence  solutions to Turkey. Ankara also cancelled all military cooperation  agreements with IDF, many of which go back to the 1980s.
Friday of last week saw additional escalation, with Erdogan accusing  Israel of abusing its naval power and announcing that the Turkish navy  had been instructed to escort any maritime convoys, flying the country’s  flag, attempting to break the blockade and deliver supplies to the  Palestinians in Gaza. He reportedly added that Turkish warships would be  routinely present in Eastern Mediterranean in order to ensure free  navigation in the region.
Later in the day government officials corrected the meaning of the  declaration, taken by foreign diplomats and observers as intent by  Turkey to police international waters, as inaccurate translation of the  prime minister’s interviews with different media consolidated and used  out of context by press agencies.
Netanyahu and Israeli Defence Minister Ehud Barak downplayed the  Turkish missives, preferring to opt for a cooler attitude. Netanyahu,  however, reassured his constituents that the Israeli navy is “a long and  powerful arm” of the country.
The majority of the Turkish public seem to be taking a distance from  all this. Trade with Israel remained high in 2010, in spite of the Mavi  Marmara incident, at 2.7 billion dollars, although the travel and  hospitality industries were negatively impacted, with tens of thousands  of Israelis booked to visit Turkey changing their destination.
Despite the rhetoric, prospects of an armed conflict between Turkey  and Israel are slim. The organisers of the 2010 flotilla said over the  weekend that they had no plans to mount another humanitarian expedition  in the foreseeable future. Palestinian groups might, of course, charter  Turkish flagships and send them to Gaza, in which case Ankara’s threat  would be put to test. But the U.S. Sixth Fleet, dedicated to the  Mediterranean, would certainly act as a buffer to avoid any direct  contact between the Israeli and Turkish navies. (END)
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