Israel sea blockade of Gaza legal, but attack on Mavi Marmara was 'excessive'

Nine Turkish activists died in May last year when the Israeli navy stormed the MV Mavi Marmara, which was leading a flotilla of vessels to Gaza.

According to findings of a UN Commission headed by Geoffrey Palmer, a former New Zealand prime minister, leaked in Turkey and Israel, the military operation was "premature" and the deaths "unacceptable".

However, in what Israel is already hailing as a vindication, Israel is only asked to express regret and not to apologise. Turkey is also criticised for not doing enough to stop the flotilla and for its links with IHH, an Islamist group which helped organise it.

The report also concludes that the blockade of Gaza is not illegal and that Israel is justified in stopping vessels even outside its territorial waters.

When he set up the commission of inquiry last year, Ban Ki-moon, the UN secretary general, expressed the hope that the panel would help to prevent similar incidents in the future, and would also contribute to improving the strained relations between Israel and Turkey.

Turkey withdrew its ambassador to Israel following the flotilla incident, but there are clear indications that with the region in turmoil, both sides are now keen to get relations back on track. Israel has lost a key ally in the Egyptian president, Hosni Mubarak, while Turkey's attempts to build relationships with Syria and Libya have collapsed.

Last month Ankara withdrew support for this year's Gaza flotilla, prompting the Mavi Marmara, the flagship vessel, to pull out. A few days later Israeli Prime Minister Benjamin Netanyahu sent his Turkish counterpart Recep Tayyip Erdogan a letter congratulating him on his election victory.

The UN findings were due to be released on Thursday, but may be delayed after last ditch efforts by senior Israeli and Turkish officials to reach an acceptable compromise failed to achieve a breakthrough.

The main sticking point remains Israel's refusal to apologise over the death of the 9 activists.

Avigdor Lieberman, Israel's hardline foreign minister, said there was no reason for Israel to apologise.

"An apology is not a compromise – it is a humiliation and an abandonment of IDF soldiers," he said. "We regret the loss of life of people from any nation. There are things we can discuss with Turkey and things we cannot."

Israel has agreed to pay compensation to the families of the victims, indirectly via a Turkish government fund, and to issue a statement expressing the regret over the loss of life. Israel also seeks guarantees from Ankara that there will be no further claims against the soldiers who participated in the naval raid.

Speaking during a visit to Bucharest on Wednesday Prime Minister Netanyahu said efforts to mend ties with Turkey were continuing. "We are not the ones who led to a deterioration of the ties. We are interested and open to finding ways to improve the relations," he said.