1 San Remo Manual does not apply to the conflict between Israel and the non-State entity of Gaza, which is ruled by the terror organisation Hamas. San Remo applies only to States, be they belligerents or neutrals. 2 a de facto ceasefire does not put an end to conflict. 3 Hamas is continually smuggling missiles and other war material, in violation of any cease fire claims. 4 Article 67 of San Remo applies only to merchant vessels, not to civiliian vessels; in addition, Article 67(a) states that merchant vessels may be attacked if they "are believed on reasonable grounds to carry contraband or breaking a blockade, and after prior warning , they intentionally and clearly refuse to stop, or intentionally and clearly resist visit, search or capture. Since the Mavi Marma clearly refused to stop, and clearly resisted visit, search or capture, then under all circumastances, it lost its right not to be attacked.
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