Last week, a pre-trial panel of three judges in The Hague has asked the ICC’s prosecutor Fatou Bensouda to reconsider her decision from November 2014, to not open an investigation into Israel’s handling and actions of the raid on the Mavi Marmara in 2010. While Bensouda did not rule out that the special forces did commit war crimes in the course of entering the vessel – that resulted in the deaths of 10 individuals – she has ruled that these were not sufficiently grave to merit a full investigation by the ICC, as requested by Comoros, under whose flag the vessel sailed.
Israel’s Foreign Ministry has released a statement, saying:
The ICC never had any business to deal with this event to begin with. Israel acted out of self-defense according to international law.
Under the rules of the ICC, it can only investigate cases that have not been dealt with, in an appropriate manner, by the accused country. The Mavi Marmara incident had been investigated by the Turkel commission.