The new principle of international law, approved by the 87-nation; international maritime conference in committee here yesterday, which confirms Israel’s right of innocent passage in the Gulf of Akaba, must achieve a two-thirds majority at the conference plenary session next week for final approval, officials reported today.
The resolution, which makes no reference to Israel’s use of the Gulf and the Strait of Tiran which connects the Gulf with the Red Sea, was approved by a committee vote under United States urging, 32 to 31 with five abstentions. The committee on territorial seas rejected a definition which would have made the right of innocent passage through such waterways conditional on the “interests” as well as “security” of the coastal state on the affected waterway. The United States delegation objected to the inclusion of “interests” as being too vague.
The committee-approved definition applies the right of innocent passage to any ship traveling through the territorial seas of one country across the territorial waters of another state. Israel has contended that its ships, sailing from the port of Elath at the head of the Akaba Gulf, have the right of passage to open seas through territorial waters adjacent to the Egyptian coast at the Strait of Tiran.
The approved definition holds that passage of ships is innocent as long as it is “not prejudicial to the peace, good order or security of the coastal state.”
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