30 nov 2017
After being asked to reconsider decision not to investigate 2010 Israeli raid on Mavi Marmara, prosecutor Fatou Bensouda says she stands by decision, deeming incident beyond ICC jurisdiction; 'However,' she says, 'my conclusion does not excuse any crimes which may have been perpetrated.'
THE HAGUE - The International Criminal Court prosecutor said Thursday she is standing by her previous decision not to open a full-scale investigation into the storming by Israeli commandos of a flotilla trying to break the Gaza blockade in 2010.
Fatou Bensouda in November 2014 declined a request by the Indian Ocean island nation of Comoros to investigate the May 31, 2010, storming of a vessel in the flotilla, which was sailing under a Comoros flag.
She said war crimes may have been committed on the Mavi Marmara ship, where eight Turks and one Turkish-American were killed and several other pro-Palestinian activists were wounded by Israeli commandos, but the case wasn't serious enough to merit an ICC probe.
The ICC was set up as a court of last resort intended to prosecute senior leaders allegedly responsible for grave crimes including genocide, war crimes and crimes against humanity when national courts prove unable or unwilling to take on such cases.
ICC judges told her to reconsider, but Bensouda said Thursday that after carefully reviewing more than 5,000 pages of documents and statements from more than 300 passengers on the Mavi Marmara she has reaffirmed her decision to close her preliminary investigation.
Bensouda said in a statement that her decision was a purely legal one, applying standards laid down in the court's founding treaty, the Rome Statute.
"I want to be clear, however, that I fully recognize the impact of the alleged crimes on the victims and their families and my conclusion does not excuse any crimes which may have been perpetrated in connection with the Mavi Marmara incident," she said.
Israeli officials were reviewing the decision and had no immediate comment.
THE HAGUE - The International Criminal Court prosecutor said Thursday she is standing by her previous decision not to open a full-scale investigation into the storming by Israeli commandos of a flotilla trying to break the Gaza blockade in 2010.
Fatou Bensouda in November 2014 declined a request by the Indian Ocean island nation of Comoros to investigate the May 31, 2010, storming of a vessel in the flotilla, which was sailing under a Comoros flag.
She said war crimes may have been committed on the Mavi Marmara ship, where eight Turks and one Turkish-American were killed and several other pro-Palestinian activists were wounded by Israeli commandos, but the case wasn't serious enough to merit an ICC probe.
The ICC was set up as a court of last resort intended to prosecute senior leaders allegedly responsible for grave crimes including genocide, war crimes and crimes against humanity when national courts prove unable or unwilling to take on such cases.
ICC judges told her to reconsider, but Bensouda said Thursday that after carefully reviewing more than 5,000 pages of documents and statements from more than 300 passengers on the Mavi Marmara she has reaffirmed her decision to close her preliminary investigation.
Bensouda said in a statement that her decision was a purely legal one, applying standards laid down in the court's founding treaty, the Rome Statute.
"I want to be clear, however, that I fully recognize the impact of the alleged crimes on the victims and their families and my conclusion does not excuse any crimes which may have been perpetrated in connection with the Mavi Marmara incident," she said.
Israeli officials were reviewing the decision and had no immediate comment.
4 oct 2017
The Arab Organization for Human Rights in the UK (AOHR) urged on Wednesday the Counter Terrorism Command (CTC), also called SO15, to arrest Israel’s former PM, Ehud Barak, in London.
AOHR said Barak was spotted on Tuesday evening in London streets with his wife and a bodyguard. However, the local police made no efforts to nab him despite the man’s incontestable involvement in war crimes against the Palestinians and in the notorious attack on the Mavi Marmara aid-ship.
“London has become a safe resort for war criminals,” AOHR said, slamming the British authorities for dragging their feet over ongoing calls to issue arrest warrants against Israeli leaders charged with war crimes.
It added that Britain is amongst the world’s states which have adopted an overriding priority to disrupt terrorist-related activity and impeach war criminals regardless of their nationality and origin.
“When it comes to Israelis indicted for UN-documented war crimes such laws become shallow. The suspect is either granted diplomatic immunity on claims that he/she is on an official visit; or else the suspect goes invisible in case he/she shows up again, despite the decisive proof police have access to,” AOHR’s Arabic statement further read.
AOHR said Barak was spotted on Tuesday evening in London streets with his wife and a bodyguard. However, the local police made no efforts to nab him despite the man’s incontestable involvement in war crimes against the Palestinians and in the notorious attack on the Mavi Marmara aid-ship.
“London has become a safe resort for war criminals,” AOHR said, slamming the British authorities for dragging their feet over ongoing calls to issue arrest warrants against Israeli leaders charged with war crimes.
It added that Britain is amongst the world’s states which have adopted an overriding priority to disrupt terrorist-related activity and impeach war criminals regardless of their nationality and origin.
“When it comes to Israelis indicted for UN-documented war crimes such laws become shallow. The suspect is either granted diplomatic immunity on claims that he/she is on an official visit; or else the suspect goes invisible in case he/she shows up again, despite the decisive proof police have access to,” AOHR’s Arabic statement further read.
29 may 2017
Palestine Solidarity Society (FIDDER) received on Monday a delegation of the Turkish Humanitarian Relief Foundation (IHH) in order to coordinate and call for the annual march to mark the seventh anniversary of the Israeli attack on Mavi Marmara flotilla.
The march is scheduled to kick off on May 31 from Taksim Square in Istanbul city.
Head of FIDDER society, Mohmmad Mshainesh, thanked Turkey for supporting the Palestinian people and praised the martyrs of Mavi Marmara. He called on Palestinians as well as Arabs and Muslims to participate in the annual march.
IHH delegation affirmed the Turkish people's permanent support for the Palestinian people until the liberation of al-Aqsa Mosque.
Israeli naval forces on May 31, 2010 intercepted and stormed the biggest ship within the Freedom Flotilla, the Mavi Marmara. The Israeli forces opened fire inside the ship killing 10 Turkish nationals and wounding dozens.
The march is scheduled to kick off on May 31 from Taksim Square in Istanbul city.
Head of FIDDER society, Mohmmad Mshainesh, thanked Turkey for supporting the Palestinian people and praised the martyrs of Mavi Marmara. He called on Palestinians as well as Arabs and Muslims to participate in the annual march.
IHH delegation affirmed the Turkish people's permanent support for the Palestinian people until the liberation of al-Aqsa Mosque.
Israeli naval forces on May 31, 2010 intercepted and stormed the biggest ship within the Freedom Flotilla, the Mavi Marmara. The Israeli forces opened fire inside the ship killing 10 Turkish nationals and wounding dozens.
29 oct 2016
Despite reconciliation agreement between Israel and Turkey, an Israeli apology and compensation, families of Turkish activists killed on Gaza-bound flotilla raid refuse to drop their legal case against Israel; 'Those who believe the case would drop will be disappointed.'
The families of Turkish activists killed in a 2010 Israeli raid on a Gaza-bound aid ship say they will not drop their legal cases despite a deal between Turkey and the Jewish state.
Nine Turks died when Israeli naval commandos stormed the "Mavi Marmara," which was part of an aid flotilla to break a naval blockade of the Gaza Strip. One more died in the hospital in 2014.
Ties between Israel and Turkey crumbled after the raid, but in June they finally agreed to end the bitter six-year row after months-long secret talks.
Israel had offered an apology over the raid, permission for Turkish aid to reach Gaza through Israeli ports, and a payout of $20 million to the families of those killed.
Turkish officials confirmed the amount was transferred to the justice ministry account last month.
Under the deal, both sides agreed that individual Israeli citizens or those acting on behalf of the government would not be held liable.
Families of the victims however say they will press on with their legal battle until the alleged perpetrators are brought to justice.
Cigdem Topcuoglu, an academic from southern Adana province, said her husband was killed as the couple embarked on the ship.
"We are certainly not accepting the compensation," she told AFP in Istanbul. "They will come and kill your husband next to you and say 'take this money, keep your mouth shut and give up on the case'. Would you accept that?"
In total, there were six ships in the flotilla that were boarded in international waters about 130km from the Israeli coast.
Life sentences sought
After the deal with Israel, an Istanbul court on October 19 held another hearing in the trial of the four former Israeli military commanders, though it was later adjourned to December 2.
Turkish prosecutors are seeking life sentences for former military chief of staff Gabi Ashkenazi, former navy chief Eliezer Marom, former military intelligence head Amos Yadlin and former air force intelligence chief Avishai Levy, who went on trial in absentia in 2012.
"We have no intention to drop the lawsuits," Topcuoglu said.
Human rights lawyer Rodney Dixon said the criminal case against the accused must go on "at all costs".
"We are strongly supporting the case here in Turkey and our very firm plea to the court has been that they must continue with the case," he said.
"The so-called agreement between Israel and Turkey is not a treaty that is enforceable. It is unlawful under international law, under the convention on human rights and Turkish law."
'Lawlessness'
Families say they were not informed of any details about the deal with Israel and they have not received any money.
Ismail Songur, whose father died in the raid, said: "Nobody from the Turkish government asked our opinion before they struck a deal. "Unfortunately the Turkish government is becoming a part of the lawlessness carried out by Israel."
"Even if families of the victims accept the money, that would not affect the case," said Gulden Sonmez, one of the lawyers in the trial and also a passenger on the ship.
"That is a criminal suit, not a suit for compensation. The $20 million is an ex gratia payment. It's a donation and cannot be accepted as compensation."
A vocal advocate of the Palestinian cause who regularly lambasts Israeli assaults in Gaza, Turkish President Recep Tayyip in June caught many by surprise when he criticised the 2010 aid mission to Gaza, only a few days after his government reached an accord with Israel.
"Did you ask then-prime minister to deliver humanitarian aid from Turkey?" he said in comments seen as veiled criticism of the Turkish Islamic charity IHH that organised the flotilla.
Bulent Yildirim, head of the IHH, said the legal case would never end. "Those who believe the case would drop will be disappointed."
The families of Turkish activists killed in a 2010 Israeli raid on a Gaza-bound aid ship say they will not drop their legal cases despite a deal between Turkey and the Jewish state.
Nine Turks died when Israeli naval commandos stormed the "Mavi Marmara," which was part of an aid flotilla to break a naval blockade of the Gaza Strip. One more died in the hospital in 2014.
Ties between Israel and Turkey crumbled after the raid, but in June they finally agreed to end the bitter six-year row after months-long secret talks.
Israel had offered an apology over the raid, permission for Turkish aid to reach Gaza through Israeli ports, and a payout of $20 million to the families of those killed.
Turkish officials confirmed the amount was transferred to the justice ministry account last month.
Under the deal, both sides agreed that individual Israeli citizens or those acting on behalf of the government would not be held liable.
Families of the victims however say they will press on with their legal battle until the alleged perpetrators are brought to justice.
Cigdem Topcuoglu, an academic from southern Adana province, said her husband was killed as the couple embarked on the ship.
"We are certainly not accepting the compensation," she told AFP in Istanbul. "They will come and kill your husband next to you and say 'take this money, keep your mouth shut and give up on the case'. Would you accept that?"
In total, there were six ships in the flotilla that were boarded in international waters about 130km from the Israeli coast.
Life sentences sought
After the deal with Israel, an Istanbul court on October 19 held another hearing in the trial of the four former Israeli military commanders, though it was later adjourned to December 2.
Turkish prosecutors are seeking life sentences for former military chief of staff Gabi Ashkenazi, former navy chief Eliezer Marom, former military intelligence head Amos Yadlin and former air force intelligence chief Avishai Levy, who went on trial in absentia in 2012.
"We have no intention to drop the lawsuits," Topcuoglu said.
Human rights lawyer Rodney Dixon said the criminal case against the accused must go on "at all costs".
"We are strongly supporting the case here in Turkey and our very firm plea to the court has been that they must continue with the case," he said.
"The so-called agreement between Israel and Turkey is not a treaty that is enforceable. It is unlawful under international law, under the convention on human rights and Turkish law."
'Lawlessness'
Families say they were not informed of any details about the deal with Israel and they have not received any money.
Ismail Songur, whose father died in the raid, said: "Nobody from the Turkish government asked our opinion before they struck a deal. "Unfortunately the Turkish government is becoming a part of the lawlessness carried out by Israel."
"Even if families of the victims accept the money, that would not affect the case," said Gulden Sonmez, one of the lawyers in the trial and also a passenger on the ship.
"That is a criminal suit, not a suit for compensation. The $20 million is an ex gratia payment. It's a donation and cannot be accepted as compensation."
A vocal advocate of the Palestinian cause who regularly lambasts Israeli assaults in Gaza, Turkish President Recep Tayyip in June caught many by surprise when he criticised the 2010 aid mission to Gaza, only a few days after his government reached an accord with Israel.
"Did you ask then-prime minister to deliver humanitarian aid from Turkey?" he said in comments seen as veiled criticism of the Turkish Islamic charity IHH that organised the flotilla.
Bulent Yildirim, head of the IHH, said the legal case would never end. "Those who believe the case would drop will be disappointed."
1 oct 2016
Reports in the Turkish press claim that in accordance to the reconciliation agreement signed in June by Israel and Turkey, Israel has transferred $20 million dollars, which will go toward aiding the families of the Turkish activists who were killed during the Marmara flotilla raid in 2010.
Turkish media reported Friday that Israel has transferred $20 million as part of the reconciliation deal involving the Marmara flotilla incident, where nine Turkish citizens were killed after those on board the Marmara attacked IDF soldiers who commandeered the vessel as it attempted to break Israel’s maritime blockade on Gaza.
As part of an effort to normalize relations between the two countries, news outlet CNN Türk reported that officials from the Turkish Foreign Affairs Ministry confirmed that the money has been transferred to the Justice Ministry’s bank account in the capital of Ankara. The funds will be used as humanitarian aid for the families of the Turkish citizens who were killed aboard the Marmara.
The agreement between the two countries was signed last June in Italy. After vowing not to apologize for the IDF’s course of action, Netanyahu eventually acquiesced and “expressed an apology” to Turkish President Recep Tayyip Erdoğan in 2013.
In response to the apology and transfer of funds, Turkey and Israel are to resume full diplomatic relations, including reinstating ambassadors, a commitment not to work against each other’s interests in the international sphere and security and intelligence cooperation. Another signing of the diplomatic thaw between both countries was seen during the funeral of recently departed former president Shimon Peres, which was attended by Turkish Undersecretary of Foreign Affairs, Feridun Sinirlioglu, who played a key role in the reconciliation agreement negotiations.
The back story to the reconciliation deal spans over a decade of animosity and mutual accusations. After Israel sealed off the Gaza Port due to concerns that incoming ships would be providing the Palestinians with weapons, in 2010 the Maramara flotilla set out from Turkey toward Gaza, with the expressed purpose of providing Palestinians with humanitarian aid. When the flotilla did not heed the call of the IDF Navy to halt, troops from the special operations naval unit Shayetet 13 were sent to take it over. Several of the activists aboard the Marmara responded to the takeover by attacking the IDF soldiers with weapons. The soldiers then opened fire on the activists, killing nine and injuring 20.
A UN report from 2011 found that Israel was largely not to blame for the incident, and put a great deal of responsibility on Turkey. This brought on further criticism from Turkey, with heated retorts on both sides and eventually to the minimization of diplomatic relations between the two countries.
Turkish media reported Friday that Israel has transferred $20 million as part of the reconciliation deal involving the Marmara flotilla incident, where nine Turkish citizens were killed after those on board the Marmara attacked IDF soldiers who commandeered the vessel as it attempted to break Israel’s maritime blockade on Gaza.
As part of an effort to normalize relations between the two countries, news outlet CNN Türk reported that officials from the Turkish Foreign Affairs Ministry confirmed that the money has been transferred to the Justice Ministry’s bank account in the capital of Ankara. The funds will be used as humanitarian aid for the families of the Turkish citizens who were killed aboard the Marmara.
The agreement between the two countries was signed last June in Italy. After vowing not to apologize for the IDF’s course of action, Netanyahu eventually acquiesced and “expressed an apology” to Turkish President Recep Tayyip Erdoğan in 2013.
In response to the apology and transfer of funds, Turkey and Israel are to resume full diplomatic relations, including reinstating ambassadors, a commitment not to work against each other’s interests in the international sphere and security and intelligence cooperation. Another signing of the diplomatic thaw between both countries was seen during the funeral of recently departed former president Shimon Peres, which was attended by Turkish Undersecretary of Foreign Affairs, Feridun Sinirlioglu, who played a key role in the reconciliation agreement negotiations.
The back story to the reconciliation deal spans over a decade of animosity and mutual accusations. After Israel sealed off the Gaza Port due to concerns that incoming ships would be providing the Palestinians with weapons, in 2010 the Maramara flotilla set out from Turkey toward Gaza, with the expressed purpose of providing Palestinians with humanitarian aid. When the flotilla did not heed the call of the IDF Navy to halt, troops from the special operations naval unit Shayetet 13 were sent to take it over. Several of the activists aboard the Marmara responded to the takeover by attacking the IDF soldiers with weapons. The soldiers then opened fire on the activists, killing nine and injuring 20.
A UN report from 2011 found that Israel was largely not to blame for the incident, and put a great deal of responsibility on Turkey. This brought on further criticism from Turkey, with heated retorts on both sides and eventually to the minimization of diplomatic relations between the two countries.
2 aug 2016
The Israeli parliament of the Knesset rebuked Palestinian MK Hanin Zoabi over her remarks about Israeli soldiers who participated in the Mavi Maramra attack, in which she described them as murderers.
The committee of behavior at the Knesset said that Zoabi’s remarks were “extreme, provokable and untrue,” according to Al Ray Palestinian Media Agency.
Zoabi described Israeli soldiers as “murderers” in a Knesset session held to discuss Israeli reconciliation with Turkey.
Israeli Prime Minister Benjamin Netanyahu ordered to accelerate procedures to remove Zoabi from Knesset, saying that she “overruns all limits with her remarks, no place for her in Knesset.”
The committee of behavior at the Knesset said that Zoabi’s remarks were “extreme, provokable and untrue,” according to Al Ray Palestinian Media Agency.
Zoabi described Israeli soldiers as “murderers” in a Knesset session held to discuss Israeli reconciliation with Turkey.
Israeli Prime Minister Benjamin Netanyahu ordered to accelerate procedures to remove Zoabi from Knesset, saying that she “overruns all limits with her remarks, no place for her in Knesset.”
3 july 2016
Plaintiffs target Minister Shaked claiming Justice Ministry provided IDF with legal counsel ahead of the raid; suit also alleges Israeli commandos wounded more than 150 people in incident, tortured and arbitrarily arrested those on board the ships.
Three Americans and a Belgian national, who were on board one of the ships of the Marmara flotilla six years ago, have filed a lawsuit against the State of Israel at a US court.
In the lawsuit filed to a federal court in Washington, a copy of which Justice Minister Ayelet Shaked received over the weekend, the four seek compensation in light of the "war crimes" Israel has committed both in stopping the flotilla, which was making its way to Gaza, and by imposing a military blockade on the Strip.
In May 2010, IDF commandos boarded the six-ship flotilla which was trying to break the blockade. In the clashes that erupted on board one of the ships, nine Turkish citizens and an American of Turkish descent were killed.
The incident led to a six-year-old diplomatic crisis between Turkey and Israel, which reached its official end last week when the two countries signed a reconciliation agreement.
As part of the deal, Turkey will be able to provide humanitarian aid to the Gaza Strip—which will first go through security checks at the Ashdod Port—and Israel will pay $21 million in compensation to the families of the victims. In return, Ankara will drop any present or future legal claims against Israeli soldiers and officers.
The four, American plaintiffs David Schermerhorn, Mary Ann Wright and Huwaida Arraf, a dual US-Israeli citizen, and Belgian national Margriet Deknopper, were on the ship "Challenger 1," which was flying the US flag and carrying media equipment. There were 17 passengers and crew members on board.
The plaintiffs claimed they suffered injuries that included partial loss of sight when a stun grenade exploded inches from one of them, and a broken nose when another was hit by a rubber bullet.
“The attack on the high seas was unjustified and illegal under international law,” lawyer Steven M. Schneebaum wrote.
The suit went on to claim that the commandos had injured more than 150 people in the incident, and that their operations included torture, cruel or degrading treatment, arbitrary arrest and assault.
The lawsuit was filed against Shaked because she heads the Justice Ministry, which provided legal counsel ahead of the takeover of the flotilla. Other government ministers were also named in the lawsuit.
The complaint argued that "the Justice Ministry advises (the military) on international law and has taken an active role in the planning, approval, preparations and the orders of the illegal raid of the flotilla while it was still in international water."
Shaked said in response, "This is complete nonsense, let them sue. I don't believe an American court would choose to deal with something like this."
Three Americans and a Belgian national, who were on board one of the ships of the Marmara flotilla six years ago, have filed a lawsuit against the State of Israel at a US court.
In the lawsuit filed to a federal court in Washington, a copy of which Justice Minister Ayelet Shaked received over the weekend, the four seek compensation in light of the "war crimes" Israel has committed both in stopping the flotilla, which was making its way to Gaza, and by imposing a military blockade on the Strip.
In May 2010, IDF commandos boarded the six-ship flotilla which was trying to break the blockade. In the clashes that erupted on board one of the ships, nine Turkish citizens and an American of Turkish descent were killed.
The incident led to a six-year-old diplomatic crisis between Turkey and Israel, which reached its official end last week when the two countries signed a reconciliation agreement.
As part of the deal, Turkey will be able to provide humanitarian aid to the Gaza Strip—which will first go through security checks at the Ashdod Port—and Israel will pay $21 million in compensation to the families of the victims. In return, Ankara will drop any present or future legal claims against Israeli soldiers and officers.
The four, American plaintiffs David Schermerhorn, Mary Ann Wright and Huwaida Arraf, a dual US-Israeli citizen, and Belgian national Margriet Deknopper, were on the ship "Challenger 1," which was flying the US flag and carrying media equipment. There were 17 passengers and crew members on board.
The plaintiffs claimed they suffered injuries that included partial loss of sight when a stun grenade exploded inches from one of them, and a broken nose when another was hit by a rubber bullet.
“The attack on the high seas was unjustified and illegal under international law,” lawyer Steven M. Schneebaum wrote.
The suit went on to claim that the commandos had injured more than 150 people in the incident, and that their operations included torture, cruel or degrading treatment, arbitrary arrest and assault.
The lawsuit was filed against Shaked because she heads the Justice Ministry, which provided legal counsel ahead of the takeover of the flotilla. Other government ministers were also named in the lawsuit.
The complaint argued that "the Justice Ministry advises (the military) on international law and has taken an active role in the planning, approval, preparations and the orders of the illegal raid of the flotilla while it was still in international water."
Shaked said in response, "This is complete nonsense, let them sue. I don't believe an American court would choose to deal with something like this."
