The lawsuit by a United States doctor seeking to seize the 14 vessels used by Turkish groups in the 2010 Gaza flotilla reached the U.S. Court of Appeals this week, according to the Times of Israel.
Dr. Alan Bauer is basing his right to sue on the U.S. Neutrality Act of 1794, which "makes it illegal to furnish, arm, or fit out any vessel for hostile use against a foreign country."
The legal group contends that the flotilla operators were affiliated with Hamas—a terrorist organization, according to the United States government—and that the operation was partially financed by American pro-Palestinian groups, therefore allowing the vessels to be seized under the provisions of the act.
Furkan Dogan, a dual Turkish-American citizen, was one of several Americans who participated in the flotilla and one of the 10 activists killed in the raid.
The Neutrality Act was originally created to prevent American citizens from joining a military operation against any country at peace with the United States. During the time of the act’s creation, France, Spain and Great Britain had attempted to lure American privateers into pirating each other’s naval vessels in an effort to weaken the military capacities of their rivals.
Dr. Bauer's initial attempt to seize the boats failed when it was dismissed by a lower court, which ruled that only the U.S. government has the right to file the suit. Dr. Bauer had already gone to Attorney General Eric Holder, but his office declined to take on the suit.
His case has been revitalized by a Florida attorney who has partnered with Israeli lawyer Nitsana Darshan-Leitner, who runs the Israeli law center Shurat HaDin, which specializes in seizing financial assets from entities tied to terrorism.
The appeal states that the Neutrality Act has a provision that allows for private informers to sue, and that the lower court was wrong to overlook it.
The Gaza flotilla was ultimately a failure, as Israeli Defense Forces were met with violent resistance upon boarding the ships that were attempting to break the blockade of the Gaza Strip. Ten of the men on board were killed in the ensuing fight.
Dr. Bauer witnessed terrorism first hand when he was injured in a 2002 suicide bombing in Jerusalem.