Fuente: Ministerio de AAEE de Israel
Freedom of navigation has for centuries been considered as one of the basic and inalienable rights, and its maintenance in times of peace as well as, with well-defined limitations, in times of war, is one of the generally acknowledged principles of international law. There is, therefore, hardly anything as revealing of the unlawful character of Egypt's conduct as its consistent and unremitting denial of that basic right to Israel, hardly anything as repugnant and fraught with disaster. to peace in the Middle East and to Egypt itself.
In May 1948, in parallel with the invasion of Palestine by Egyptian forces, the Egyptian Government established a blockade against Israel-bound shipping through the Suez Canal. This was not abolished even after the conclusion of the armistice agreement in February 1949, in spite of the authoritative statement by the Acting Mediator that any "vestiges of the wartime blockade ... are inconsistent with both the letter and the spirit of the armistice agreements." On the contrary, on 6 February 1950, Egypt promulgated a Royal Decree formalizing the blockade. Israel sought redress first from the Mixed Armistice Commission, which several times denounced the lawlessness of the Egyptian practice, and, in 1951, appealed to the Security Council (Document 3). After exhaustive debate, the Council, on 1 September 1951 (CS Res 95), decided that Egypt's assertion of rights of belligerency was contrary, to the. Armistice regime and called on it to terminate the restrictions.
Egypt did not heed the unequivocal verdict of the Council and even tightened the blockade, but Israel no longer had effective recourse to the Council because, from 1954 on, the Soviet Union used its right of veto to prevent the adoption of any further decision in Israel's favour (Israel's complaint to the Security Council concerning interference by Egypt with shipping to the Israeli port of Eilat on the Gulf of Aqaba, S/3168, 29 January 1954 - Passage through the Suez Canal and the Straits of Tiran, New Zealand Draft Resolution S/3188/Corr. 1, 19 March 1954 - Israel protests to the Security Council on the seizure of the Israeli ship Bat Galim and its confiscation, S/3296, 29 September 1954).
Israel's demand that the blockade in the Suez Canal be lifted is fully expounded in Ambassador Eban's statement to the Security Council of 13 October 1956.
Potentially even graver was the blockade imposed by Egypt on Israeli and Israel bound shipping in the Gulf of Eilat (Gulf of Aqaba) through the Straits of Tiran. In 1949, Egypt established itself on two small and deserted islands in the straits that had never belonged to it - Tiran and Sanafir. Later, they were leased to it by Saudi Arabia. In January 1950, Egypt assured the United States Government that the occupation of the islands was in no way intended to interfere with shipping in the waters of the gulf.
But soon Egypt broke its word, fortified the entrance to the straits and blockaded Israel. Having failed to conquer the southern Negev during the War of Independence or to bring about its cession by Israel through political pressure, Egypt now tried to land-lock Eilat and block Israel's outlet to the Red Sea and the Indian Ocean, which meant cutting Israel's present and future communications with Asia and East Africa. The closure of the Straits of Tiran was one of the main factors that led to the Sinai campaign of 1956. Israel's refusal to withdraw its forces from Sharm el Sheikh unless its freedom of passage through the straits were effectively safeguarded led to the stationing there of the UN Emergency Force. The blockade was lifted and Israel could freely develop its trade with countries in Asia and East Africa, import oil from the Persian Gulf, and redeem the southern Negev from its desolation. Israel declared solemnly that any interference with its rights of navigation in the gulf would be regarded as an attack, entitling it to exercise its inherent rights of self-defence. This was clearly stated by Foreign Minister Golda Meir in the General Assembly on 1 March 1957, and by Prime Minister BenGurion in the Knesset on 5 March 1957.
The Suez Canal, having been blocked in the Suez War, was cleared for shipping in the spring of 1957. Egypt, while still blocking Israel shipping through the Canal, to some degree relaxed its interference with shipping bound to and from Israel. But, in 1959, the blockade stiffened again. The Secretary-General of the UN tried to reach an understanding whereby, under certain "face-saving" conditions, Egypt would not obstruct Israel-bound shipping, but, put to the test, Egypt again reneged on its undertaking.
On 23 May 1967, President Nasser re-imposed the naval blockade in the Straits of Tiran in a deliberate attempt to force Israel to forfeit its internationally-acknowledged rights or else go to war. Five days earlier the UN Emergency Force was expelled by Nasser, and the units stationed at Sharm el-Sheikh were evacuated. He hoped that an armed clash with Israel was inevitable. It was a calculated step to bring destruction upon Israel. It brought shattering defeat upon Egypt.
The Israeli army reached Sharm el-Sheikh on 7 June 1967 and lifted the blockade. From 1967, freedom of navigation prevails in the Gulf of Aqaba, benefitting shipping bound for Israel and Jordan. The Suez Canal, which was blocked by Egypt during the Six-Day War, remained closed.
In the course of the Yom Kippur War, October 1973, Egypt exercised an undeclared but effective naval blockade of the Straits of Babel-Mandeb.
Fuente: Minsiterio de RREE de Israel y NNUU
Egyptian Decree Regarding Navigation in the Suez Canal, 6 February 1950.
Aide Memoire from Egypt to the United Statesregarding passage through the Straits of Tiran, 28 January 1950.
Israel's Complaint to the Security Council on the Suez Canal blockade, S/2241, 11 July 1951.
Statements by representatives of the maritime powers on the Suez Canal blockade, August 1951.
CS Res 95 (1 sep 1951) - Se refiere a Egipto y el paso libre de buques por el Canal de Suez en relación con los armisticios. Freedom of Passage in the Suez Canal, Security Council Resolution S/2322, 1 September 1951.
Israel's complaint to the Security Council concerning interference by Egypt with shipping to the Israeli port of Eilat on the Gulf of Aqaba, S/3168, 29 January 1954.
Passage through the Suez Canal and the Straits of Tiran, New Zealand Draft Resolution S/3188/Corr. 1, 19 March 1954.
Israel protests to the Security Council on the seizure of the Israeli ship Bat Galim and its confiscation, S/3296, 29 September 1954.
Summary by the President of the Security Council, 13 January 1955.
Situation created by the unilateral action of the Egyptian government in bringing to an end the system of international operation of the Suez Canal which was confirmed and completed by the Suez Canal Convention of 1888. Security Council Resolution S/3675, 13 October 1956.
The Story of a Blockade, statement to the Security Council by Ambassador Eban, 13 October 1956.
AG Res 1121 (24 nov 1956) - Despejo del Canal de Suez
Statements by the representatives of the maritime powers at the United Nations on the Freedom of Navigation, March April 1957.
G Res 1212 (14 dic 1957) - Despejo del Canal de Suez. Impone recargo 3% a tarifas de paso para pagar gastos del despejo.
Continuing blockade of the Suez Canal, statement by Foreign Minister Meir to the General Assembly, 24 September 1959.
Free passage through the Suez Canal, statement to the Knesset by Foreign Minister Meir, 2 December 1959.
Egypt re-imposes a blockade on the Straits of Tiran, 23 May 1967.