Israel holds Spanish and Brazilian activists over alleged PCPA links

The geography of the arrest stands in sharp contrast to the venue of the legal proceedings. While the interception occurred hundreds of kilometers from the Israeli coast in international waters off the coast of Crete, the resulting judicial battle is playing out in the coastal city of Ashkelon. This distance—both physical and jurisdictional—is a central point of contention in the current diplomatic disagreement between Israel, Spain, and Brazil.

On Sunday, the Spanish and Brazilian nationals were brought before the Ashkelon court. According to the Israeli human rights organization Adalah, the proceedings focused on the duration of their confinement.

“L’Etat a demandé de prolonger leur détention de quatre jours” Miriam Azem Adalah, Adalah

The activists had previously been held at Shikma prison, where they were visited by lawyers from the NGO. During these meetings, the detainees described an arrest characterized by extrême brutalité, a claim that contrasts with the Israeli government’s assertion that the operation was menée pacifiquement.

Security allegations and the PCPA link

At the heart of the detention is a security claim involving the Palestinian Conference for Palestinians Abroad (PCPA). The Israeli Ministry of Foreign Affairs has identified the Spanish national as l’un des dirigeants of the PCPA, a charitable association that both Israel and the United States accuse of being affiliated with Hamas, the Islamist movement governing the Gaza Strip.

The Brazilian national is also tied to the organization in the state’s view; according to the ministry, he travaille avec PCPA et est soupçonné d’activités illégales. These allegations have led to the activists being informed that they will be interrogated by Israeli internal intelligence services on suspicions of affiliation à une organisation terroriste.

The legal tension now rests on the evidentiary basis of these claims. While the Israeli state maintains these security links justify the detention, Spanish diplomacy has argued that no concrete proof has been provided to support the charges. This dispute centers on the use of security-based detentions against political activists and the process of verifying such allegations within the Israeli judicial system.

The dispute over maritime jurisdiction

The location of the interception has raised questions regarding international law. Unlike previous flotilla interceptions, which typically occurred closer to the Gaza blockade zone, this operation took place in international waters off Greece. This distance has led several countries to label the operation illégale.

Spain’s diplomatic response has been particularly pointed. José Manuel Albares, the Spanish chief of diplomacy, has characterized the arrest of the Spanish national as complètement illégale and inacceptable, arguing that the action took place en dehors de toute juridiction.

Albares further challenged the validity of the security claims, asserting that Israel n’a apporté aucun élément de preuve pour appuyer cette accusation. He emphasized that even if such evidence existed, the proper response would be through established legal channels.

“il existe des voies judiciaires en démocratie, en Etat de droit”, pour les relayer. José Manuel Albares, Spanish Foreign Minister

The jurisdictional argument suggests that by operating hundreds of kilometers from its own shores, Israel may have overstepped its legal authority. The involvement of Greece in the aftermath—resulting in an agreement that saw most of the intercepted activists released—further underscores the complexity of conducting security operations in waters shared by multiple sovereign interests.

Scale and objectives of the Gaza Flotilla

The two men held in Ashkelon were part of a larger effort known as the Flottille pour Gaza. The scale of the operation was significant, involving a fleet of some twenty boats and approximately 175 activists of various nationalities. According to the organizers, the primary objective of the fleet was to break the Israeli blockade of the Gaza Strip, where access to humanitarian aid remains severely restricted.

The interception on Thursday resulted in the mass detention of the flotilla’s participants. Following negotiations with Greek authorities, Israel released the majority of the activists. However, the Spanish and Brazilian nationals were singled out for continued detention, reflecting the specific security concerns the Israeli government associates with their alleged ties to the PCPA.

The operation involved a journey that led to interception far from the target, bringing the blockade into a context involving international maritime law and the boundaries of the Gaza coast. By initiating the journey and facing interception in these waters, the organizers have highlighted the legality of maritime arrests in international waters alongside the humanitarian needs of Gaza.

The continued detention of these two individuals now serves as a diplomatic proxy for the broader conflict over the Gaza blockade. As the Ashkelon court considers the request for extended detention, the case tests the balance between Israel’s national security protocols and the diplomatic assertions of sovereignty and human rights championed by Spain and Brazil. The outcome of these proceedings will reflect how international activists are handled when intercepted outside the immediate theater of conflict.