ICC Prosecutor makes decision on reconsideration of closing Preliminary Examination on Gaza Freedom Flotilla: November 30 2017, the ICC Office of the Prosecutor filed her decision, reaffirming her previous decision regarding the Situation on registered vessels of the Union of the Comoros, et al.

In July 2015, the Pre-Trial Chamber granted a request by the Government of Comoros for the Prosecution to reconsider its November 2014 determination on the matter. This request was in turn upheld on November 6 2015 by the Appeals Chamber.

The Pre-Trial Chamber found in July 2015, that the Prosecution had committed material errors in its decision not to investigate, which impacted its analysis regarding further investigation. However, the OTP states that arguments made by the Union of the Comoros and legal representatives of the victims were unable to demonstrate that the 2014 Decision was unreasonable or legally incorrect.

Mavi Marmara. Photo: alresalah.ps via Bing (CC).
Mavi Marmara. Photo: alresalah.ps via Bing (CC).

The Prosecutor has maintained the decision to close the Preliminary Examination on the Gaza Freedom Flotilla. The Examination having been prompted by the 2010 boarding of the Mavi Marmara by Israel Defense Force personnel; an incident which saw 10 passengers kill.

The Prosecutor noted that the decision did not discount the possibility that the killings could amount to war crimes. Stating rather, that the acts lacked the “sufficient gravity” required by the Rome Statute to open an investigation. Moreover, the Prosecutor sought to stress the finality of the decision, and that it was subject only to her ongoing discretion, as provided for under Article 53(4) of the Rome Statute (OTP).