The Freedom Flotilla Coalition (FFC) wishes to inform the public that we received a very welcome update from the government of Malta, with a stated intent to provide logistical supports and potential repairs to our ship, the ‘Conscience’. We would like to reiterate our intent to be let into Malta, with the guarantee that our peaceful action to sail to Gaza will not be hindered in any way.
When the ‘Conscience’ was initially approached by coast guards, they allegedly did not identify themselves, and took just under one hour before helping extinguish the fire on board. The crew signalled for help, where their radio signal was tampered with, creating further doubt. The Malta Armed Forces had also encouraged them to abandon ship, meaning that legally, the ‘Conscience’ did not have any guarantees that our ship would remain safe, impeding agreements.
The FFC would like to clarify our commitment to engagement with the relevant authorities to expedite the temporary docking of our ship for repairs and surveyors, so we can continue on the urgent humanitarian mission to Gaza.
Spokesperson for the FFC, Thiago Avila, on behalf of the over 20 nationalities of volunteer medics, educators, engineers, farmers, students, activists, social workers and community organizers presently in Malta- states:
“Today’s news is a very positive development. We look forward to dialogue and coordination with the Maltese authorities to be able to re-focus media and public attention where it needs to be; on Israel´s calculated genocide, deliberate famine and wholescale destruction in Gaza’
FFC organizer and spokesperson, Yasemin Acar, states:
Our mission is to mobilize global solidarity in the face of genocide in Gaza. For over 60 days, no humanitarian aid has entered by land, this crisis demands urgent international action. In the absence of political will, we remain committed to acting as global citizens. While we’re grateful for all support, every day without an investigation delays aid and denies justice. We have the right to know who attacked us and put humanitarian workers’ lives at risk.
Update from the Pal Commission on War Crimes, Justice, Reparations and Return:
Urgent request and legal basis for immediate deployment of UN and diplomatic observers to Conscience vessel in Malta.
I. Urgent and immediate need for observers and escorts.
Counsel for the Freedom Flotilla Coalition (FFC), on behalf of and with clients FFC, urgently requests the deployment of United Nations and Diplomatic Observers to the humanitarian vessel Conscience, and the immediate coordination of State or Diplomatic Escorts to ensure its protection, lawful treatment, and to stop any further breaches of law by Maltese authorities.
Despite prior representations of cooperation and safe harbor, Malta now appears to be reversing course by denying: docking access, joint inspection by crew, independent observer participation in inspection, repairs, and towing- and relocated non-crew civilians under military escort- all of which violate Malta’s binding legal obligations under maritime, human rights, and humanitarian law. The situation has become both procedurally opaque and legally untenable. Observer presence and diplomatic protection are now critical.
II. Legal basis for observer access.
Malta is under binding legal and customary obligations to allow independent humanitarian, legal, and diplomatic observation. Under UNCLOS Malta is obliged to assist the vessel and to inspect it with transparency and impartiality. See, UNCLOS Articles 98(1), 94(7), and 97(3). Refusal to allow independent or diplomatic observers is incompatible with this duty, particularly in cases involving prior attacks or other foreseeable risks and concerns- which said concerns trigger an even a higher standard for procedural protection against harm. As a State Party to the European Convention on Human Rights (Article 2) and the International Covenant on Civil and Political Rights (Articles 6 & 9), Malta has binding obligations to protect the right to life, liberty and due process. Under ECtHR jurisprudence this includes a duty to allow independent investigation and legal representation.1
Moreover, Malta, like all States, is under a binding obligation to facilitate humanitarian aid and prevent its obstruction, as affirmed by the ICJ’s Provisional Measures in South Africa v. Israel (26 Jan. 2024). This includes enabling observer access and diplomatic escorts. Under Common Article 1 of the Geneva Conventions, Malta must ensure respect for humanitarian law by supporting impartial aid missions and protecting them from interference.
Further, under Article 8(2)(b)(xxv) of the Rome Statute and Articles 23, 55, and 56 of Geneva Convention IV, obstructing relief or targeting humanitarian convoys is a war crime. Accordingly, denying observers or safe passage may therefore expose Malta to legal liability for complicity in atrocity crimes.
III. Requested urgent actions.
We therefore respectfully urge:
1. Immediate deployment of UN and diplomatic observers to be present aboard the Conscience during all inspection, transfer, or repair operations;
2. Formal communication to the Government of Malta requesting that it facilitate observer presence pursuant to its obligations under international law;
3. Dispatch by land and sea of diplomatic or State-led escort missions to the site of the vessel to ensure repairs and lawful departure;
4. Report any refusal to comply by Maltese authorities to both FFC Counsel and the UN Human Rights Council, relevant Special Procedures, and Treaty Bodies as a breach of its obligations.
We remain at your disposal for all coordination, legal briefings, or diplomatic support required.
