3 dec 2019
The Mavi Marmara ship returned to Istanbul after the Israeli raid that killed 10 people
Fatou Bensouda says no to opening investigation into Israel's 2010 raid on an aid flotilla bound for the Gaza Strip.
The prosecutor of the International Criminal Court has again refused to open an investigation into the deadly 2010 raid on a flotilla carrying aid to the besieged Gaza Strip.
Appeals judges in September ordered Prosecutor Fatou Bensouda to reconsider her earlier refusals to open a formal investigation into the May 31, 2010 storming of the Mavi Marmara.
Israeli commandos enforcing a naval blockade of the Gaza Strip killed eight Turkish citizens and one Turkish-American during the predawn raid the Mavi Marmara ship, which led a flotilla towards the besieged coastal enclave.
Several other pro-Palestinian activists were wounded, while a 10th person died later of his wounds.
Bensouda has acknowledged that war crimes may have been committed in the raid but decided that the case was not serious enough to merit an ICC probe.
On Monday, she repeated that assertion.
"The prosecutor maintains her view that there is not a reasonable basis to proceed, because there is no potential case arising from this situation that is sufficiently grave," Bensouda said in a 44-page document.
This was because "there is no reasonable basis to conclude that any potential case arising from the situation would be of sufficient gravity to be admissible before the court," Bensouda said, in a legal position she has taken before.
'Not sufficiently grave'
The order was the latest and likely the last step in a long legal battle to bring the case before the court.
Bensouda first declined a request to investigate the raid in 2014. A panel of pretrial judges asked her to reconsider and she again refused to open an investigation in 2017. That decision was appealed, leading to the order in September to again reconsider.
At the time, international lawyer Diala Chehade had told Al Jazeera that the concept of gravity within the text of the ICC has not been defined clearly enough in legal terms.
"There are currently no criteria that would set a final definition for the element of gravity for the ICC," said Chehade, who is also the former legal outreach officer for the Arab region at the court.
The original request was made by the tiny Indian Ocean islands nation of Comoros because the Mavi Marmara was sailing under a Comoros flag.
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.
Israel is not a member state of the court but its nationals could have faced charges if Bensouda had opened an investigation.
Separately, Bensouda's prosecution office is weighing up whether to open a formal investigation in the Palestinian territories, including Israel's illegal settlement policy and crimes allegedly committed by both sides in the 2014 assault on Gaza.
Bensouda, who is stepping down as prosecutor in 2021, has yet to move to the next stage and open a full-blown investigation which could possibly lead to charges being brought.
Fatou Bensouda says no to opening investigation into Israel's 2010 raid on an aid flotilla bound for the Gaza Strip.
The prosecutor of the International Criminal Court has again refused to open an investigation into the deadly 2010 raid on a flotilla carrying aid to the besieged Gaza Strip.
Appeals judges in September ordered Prosecutor Fatou Bensouda to reconsider her earlier refusals to open a formal investigation into the May 31, 2010 storming of the Mavi Marmara.
Israeli commandos enforcing a naval blockade of the Gaza Strip killed eight Turkish citizens and one Turkish-American during the predawn raid the Mavi Marmara ship, which led a flotilla towards the besieged coastal enclave.
Several other pro-Palestinian activists were wounded, while a 10th person died later of his wounds.
Bensouda has acknowledged that war crimes may have been committed in the raid but decided that the case was not serious enough to merit an ICC probe.
On Monday, she repeated that assertion.
"The prosecutor maintains her view that there is not a reasonable basis to proceed, because there is no potential case arising from this situation that is sufficiently grave," Bensouda said in a 44-page document.
This was because "there is no reasonable basis to conclude that any potential case arising from the situation would be of sufficient gravity to be admissible before the court," Bensouda said, in a legal position she has taken before.
'Not sufficiently grave'
The order was the latest and likely the last step in a long legal battle to bring the case before the court.
Bensouda first declined a request to investigate the raid in 2014. A panel of pretrial judges asked her to reconsider and she again refused to open an investigation in 2017. That decision was appealed, leading to the order in September to again reconsider.
At the time, international lawyer Diala Chehade had told Al Jazeera that the concept of gravity within the text of the ICC has not been defined clearly enough in legal terms.
"There are currently no criteria that would set a final definition for the element of gravity for the ICC," said Chehade, who is also the former legal outreach officer for the Arab region at the court.
The original request was made by the tiny Indian Ocean islands nation of Comoros because the Mavi Marmara was sailing under a Comoros flag.
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.
Israel is not a member state of the court but its nationals could have faced charges if Bensouda had opened an investigation.
Separately, Bensouda's prosecution office is weighing up whether to open a formal investigation in the Palestinian territories, including Israel's illegal settlement policy and crimes allegedly committed by both sides in the 2014 assault on Gaza.
Bensouda, who is stepping down as prosecutor in 2021, has yet to move to the next stage and open a full-blown investigation which could possibly lead to charges being brought.
2 sept 2019
The photo, taken from the Free Gaza Movement website on May 28, 2010, shows the Turkish ship Mavi Marmara taking part in the Freedom Flotilla heading towards the Gaza Strip
The International Criminal Court (ICC) has ordered its chief prosecutor to reopen an official probe into a 2010 Israeli attack on a Gaza-bound aid flotilla that killed nine Turkish activists on board.
Appeals judges in The Hague-based tribunal ordered Prosecutor Fatou Bensouda for a second time on Monday to reconsider her refusal to open a formal investigation into the deadly raid.
"The prosecutor is directed to reconsider her decision by December 2, 2019," presiding appeals Judge Solomy Balungi Bossa told the court, adding that a majority of judges had backed the move.
The Monday ruling by the ICC’s appeals chamber was the latest step in a long legal battle to bring the case before the court.
Bensouda said in 2014 that she would not prosecute Israel over the incident, claiming that the case was "not of sufficient gravity."
The chief prosecutor again affirmed the decision in 2017 after judges said she must take another look at the case.
Israel is not a member of the court but Israeli individuals could face charges if Bensouda opens an investigation.
On May 31, 2010, Israeli commandos attacked the Freedom Flotilla in international waters in the Mediterranean Sea, killing nine Turkish citizens, including a teenager with dual Turkish-US citizenship, on board the Turkish-flagged Mavi Marmara and injuring about 50 other people who were part of the team on the six-ship convoy.
The flotilla was attempting to break the Israeli naval blockade of the Gaza Strip, carrying aid to Palestinians in the enclave.
Israel’s military raid against the civilian flotilla was met with global condemnation at the time, with the United Nations Security Council calling for a prompt investigation into the incident and the United Nations Human Rights Council describing the attack as “outrageous.”
A large number of human rights groups also slammed the raid, while dozens of protests were held in support of the victims’ cause in several countries, including Turkey, Indonesia, Lebanon, and Sweden.
In September 2010, Turkey suspended its military ties with Israel and expelled the Israeli envoy from Ankara over Tel Aviv’s refusal to apologize for the killing.
Back in 2014, a criminal court in Turkey issued arrest warrants for four Israeli military officers, deemed by Ankara as the main culprits in the case, and turned over the warrants to Interpol to arrest the suspects, but to no avail.
Turkey and Israel, however, normalized relations in June 2016 after a series of not very public negotiations. An agreement to normalize the ties entailed the payment of $20 million in compensation for the families of the victims.
The International Criminal Court (ICC) has ordered its chief prosecutor to reopen an official probe into a 2010 Israeli attack on a Gaza-bound aid flotilla that killed nine Turkish activists on board.
Appeals judges in The Hague-based tribunal ordered Prosecutor Fatou Bensouda for a second time on Monday to reconsider her refusal to open a formal investigation into the deadly raid.
"The prosecutor is directed to reconsider her decision by December 2, 2019," presiding appeals Judge Solomy Balungi Bossa told the court, adding that a majority of judges had backed the move.
The Monday ruling by the ICC’s appeals chamber was the latest step in a long legal battle to bring the case before the court.
Bensouda said in 2014 that she would not prosecute Israel over the incident, claiming that the case was "not of sufficient gravity."
The chief prosecutor again affirmed the decision in 2017 after judges said she must take another look at the case.
Israel is not a member of the court but Israeli individuals could face charges if Bensouda opens an investigation.
On May 31, 2010, Israeli commandos attacked the Freedom Flotilla in international waters in the Mediterranean Sea, killing nine Turkish citizens, including a teenager with dual Turkish-US citizenship, on board the Turkish-flagged Mavi Marmara and injuring about 50 other people who were part of the team on the six-ship convoy.
The flotilla was attempting to break the Israeli naval blockade of the Gaza Strip, carrying aid to Palestinians in the enclave.
Israel’s military raid against the civilian flotilla was met with global condemnation at the time, with the United Nations Security Council calling for a prompt investigation into the incident and the United Nations Human Rights Council describing the attack as “outrageous.”
A large number of human rights groups also slammed the raid, while dozens of protests were held in support of the victims’ cause in several countries, including Turkey, Indonesia, Lebanon, and Sweden.
In September 2010, Turkey suspended its military ties with Israel and expelled the Israeli envoy from Ankara over Tel Aviv’s refusal to apologize for the killing.
Back in 2014, a criminal court in Turkey issued arrest warrants for four Israeli military officers, deemed by Ankara as the main culprits in the case, and turned over the warrants to Interpol to arrest the suspects, but to no avail.
Turkey and Israel, however, normalized relations in June 2016 after a series of not very public negotiations. An agreement to normalize the ties entailed the payment of $20 million in compensation for the families of the victims.
1 june 2018
Dozens marched on Thursday evening in Istanbul city to mark the 8th anniversary of the Israeli raid on the Turkish ship Mavi Marmara while it was carrying humanitarian aid on its way to Gaza.
The marchers condemned the ongoing Israeli attacks on the Palestinian people, chanted slogans in support of Jerusalem and the Palestinian resistance, and raised Palestinian flags and portraits of those killed in Marmara massacre.
Addressing the crowd, head of the Istanbul-based Humanitarian Relief Foundation (İHH) Bulent Yildirim hailed the Palestinian people in Gaza, saying that Gaza is the guard of Jerusalem and that the struggle against the occupation will continue until Jerusalem is liberated.
Calling Israel's Prime Minister Benjamin Netanyahu and Israeli soldiers "murderers", Yildirim stressed, "Marmara martyrs are forever alive in our hearts."
For her part, Palestinian researcher Amal Khalifa told Anadolu Agency, "I came here to join the Turkish people in commemorating the 8th anniversary of the Israeli attack on Mavi Marmara."
Khalifa praised the Turkish youths' role in raising awareness about the situation of Jerusalem and al-Aqsa Mosque.
On 31st May 2010, the Israeli navy killed 10 Turkish activists and injured 56 others on Mavi Marmara ship which was part of the Gaza Freedom Flotilla which was sailing toward Gaza to deliver humanitarian aid.
Mavi Marmara set off from Larnaca Port in Cyprus after months of preparations carrying 750 activists from 37 countries, most of whom are from Turkey, in addition to humanitarian aid to those besieged in the Gaza Strip.
The marchers condemned the ongoing Israeli attacks on the Palestinian people, chanted slogans in support of Jerusalem and the Palestinian resistance, and raised Palestinian flags and portraits of those killed in Marmara massacre.
Addressing the crowd, head of the Istanbul-based Humanitarian Relief Foundation (İHH) Bulent Yildirim hailed the Palestinian people in Gaza, saying that Gaza is the guard of Jerusalem and that the struggle against the occupation will continue until Jerusalem is liberated.
Calling Israel's Prime Minister Benjamin Netanyahu and Israeli soldiers "murderers", Yildirim stressed, "Marmara martyrs are forever alive in our hearts."
For her part, Palestinian researcher Amal Khalifa told Anadolu Agency, "I came here to join the Turkish people in commemorating the 8th anniversary of the Israeli attack on Mavi Marmara."
Khalifa praised the Turkish youths' role in raising awareness about the situation of Jerusalem and al-Aqsa Mosque.
On 31st May 2010, the Israeli navy killed 10 Turkish activists and injured 56 others on Mavi Marmara ship which was part of the Gaza Freedom Flotilla which was sailing toward Gaza to deliver humanitarian aid.
Mavi Marmara set off from Larnaca Port in Cyprus after months of preparations carrying 750 activists from 37 countries, most of whom are from Turkey, in addition to humanitarian aid to those besieged in the Gaza Strip.
29 may 2018
Israeli naval forces intercepted a boat that set out from Gaza shores on Tuesday in hopes of breaking Israel’s decade-long blockade of the Gaza Strip.
In a statement, National Committee for Breaking Gaza’s Siege said Israeli naval vessels had surrounded the boat nearly four hours after sailing into Gaza’s sea.
The PIC reporter, who was escorting the voyage in another boat till it reached the end of the fishing zone allowed by Israel, said that the boat was surrounded roughly 11 nautical miles off Gaza’s coast.
However, spokesperson for the committee Adham Abu Silmiyya affirmed that the boat was attacked by four Israeli war vessels 14 nautical miles off Gaza’s coast before being towed to Israel’s port of Ashdod.
He held Israel “fully responsible” for the safety of everyone aboard the boat, going on to urge the international community to extend protection to the beleaguered Palestinian people.
The boat set out from Gaza on Tuesday carrying 20 Palestinian passengers, including university students, patients seeking treatment abroad, and Palestinians injured by recent Israeli violence near the Gaza-Israel borders.
According to organizers, Tuesday's bid to break the blockade roughly coincides with the eighth anniversary of the Mavi Marmara incident (May 31, 2010), in which nine Turkish activists were killed by Israeli forces in international waters (with a tenth activist later succumbing to injuries).
In a statement, National Committee for Breaking Gaza’s Siege said Israeli naval vessels had surrounded the boat nearly four hours after sailing into Gaza’s sea.
The PIC reporter, who was escorting the voyage in another boat till it reached the end of the fishing zone allowed by Israel, said that the boat was surrounded roughly 11 nautical miles off Gaza’s coast.
However, spokesperson for the committee Adham Abu Silmiyya affirmed that the boat was attacked by four Israeli war vessels 14 nautical miles off Gaza’s coast before being towed to Israel’s port of Ashdod.
He held Israel “fully responsible” for the safety of everyone aboard the boat, going on to urge the international community to extend protection to the beleaguered Palestinian people.
The boat set out from Gaza on Tuesday carrying 20 Palestinian passengers, including university students, patients seeking treatment abroad, and Palestinians injured by recent Israeli violence near the Gaza-Israel borders.
According to organizers, Tuesday's bid to break the blockade roughly coincides with the eighth anniversary of the Mavi Marmara incident (May 31, 2010), in which nine Turkish activists were killed by Israeli forces in international waters (with a tenth activist later succumbing to injuries).
Two main vessels accompanied by smaller boats left the Gaza Strip's shore on Tuesday in a bid to break the 12-year-long blockade imposed on the coastal enclave.
Yedioth Ahronoth newspaper reported that the Israeli naval forces are preparing to intercept the boats.
The first-of-its-kind flotilla is carrying dozens of students, cancer patients, people with injuries, and others with humanitarian cases who need to leave Gaza as soon as possible.
Head of the Higher Commission of the Great Return March and Breaking the Siege Khaled al-Batsh said, "Our aim is to send a message to the world and human rights advocates to intervene and break the siege on Gaza."
Al-Batsh also called on the international community to provide protection to the boats and the Palestinians participating in the campaign.
The Higher Commission has earlier said that this trip will carry the hopes and dreams of two million Palestinians for freedom.
Yedioth Ahronoth said that Hamas plans to send at least three fishing boats from Gaza port toward Cyprus, adding that this "provocative move" could turn into violence especially that boats in Gaza are limited to six nautical miles offshore.
Yedioth Ahronoth newspaper reported that the Israeli naval forces are preparing to intercept the boats.
The first-of-its-kind flotilla is carrying dozens of students, cancer patients, people with injuries, and others with humanitarian cases who need to leave Gaza as soon as possible.
Head of the Higher Commission of the Great Return March and Breaking the Siege Khaled al-Batsh said, "Our aim is to send a message to the world and human rights advocates to intervene and break the siege on Gaza."
Al-Batsh also called on the international community to provide protection to the boats and the Palestinians participating in the campaign.
The Higher Commission has earlier said that this trip will carry the hopes and dreams of two million Palestinians for freedom.
Yedioth Ahronoth said that Hamas plans to send at least three fishing boats from Gaza port toward Cyprus, adding that this "provocative move" could turn into violence especially that boats in Gaza are limited to six nautical miles offshore.
28 may 2018
Higher National Committee for the Great Return March and Breaking the Siege on Sunday announced that the Gaza Strip will set off a new flotilla of ships on Tuesday in a bid to break the 12-year-long blockade on the coastal enclave.
The Committee said in a press conference that Tuesday's trip will coincide with the anniversary of the Israeli attack on the Turkish Mavi Marmara flotilla.
"This trip will carry the hopes and dreams of the Palestinian people for freedom," Salah Abdul-Ati, a member of the Committee, said, calling on international human rights organizations to provide protection to the anti-siege ships.
Abdul-Ati pointed out that the ongoing blockade and the three Israeli wars waged against Gaza in the past decade have led to a serious and an unprecedented deterioration of the humanitarian situation in the seaside territory.
He also asked Arab and international media outlets to cover the event and help convey its message to the world.
The Committee said in a press conference that Tuesday's trip will coincide with the anniversary of the Israeli attack on the Turkish Mavi Marmara flotilla.
"This trip will carry the hopes and dreams of the Palestinian people for freedom," Salah Abdul-Ati, a member of the Committee, said, calling on international human rights organizations to provide protection to the anti-siege ships.
Abdul-Ati pointed out that the ongoing blockade and the three Israeli wars waged against Gaza in the past decade have led to a serious and an unprecedented deterioration of the humanitarian situation in the seaside territory.
He also asked Arab and international media outlets to cover the event and help convey its message to the world.
