ICC Prosecutor Declines to Open Investigation into Israeli Interception of “Gaza Freedom Flotilla” (November 6, 2014) [1]
On November 6, 2014, the International Criminal Court (ICC) Office of the Prosecutor released its report [3] on the “Situation on Registered Vessels of Comoros, Greece and Cambodia,” concluding that there is not a reasonable basis to proceed with the investigation of the 2010 Israeli interception of a Comoros humanitarian aid flotilla bound for the Gaza Strip. The report states that the “Prosecutor has concluded that the information available provides a reasonable basis to believe that war crimes were committed on board the Comorian-registered vessel (the Mavi Marmara) during the interception of the flotilla on 31 May 2010. However, the information available does not provide a reasonable basis to proceed with an investigation of the situation on the registered vessels of Comoros, Greece, and Cambodia that arose in relation to the 31 May 2010 incident.” In her statement [4], the ICC Prosecutor, Fatou Bensouda, stated that she had “concluded that the potential case(s) likely arising from an investigation into this incident would not be of ‘sufficient gravity’ to justify further action by the ICC. The gravity requirement is an explicit legal criteria set by the Rome Statute.” As the referring state, Comoros has the right to request the ICC Judges review the decision not to proceed to open an investigation, pursuant to Article 53(3)(a) of the Statute.