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ICC prosecutor rejects judges' decision to re-investigate Freedom Flotilla attack

July 28, 2015 at 2:53 pm

The prosecutor at the International Criminal Court has appealed against the decision of a special panel of judges that the court must reconsider its decision not to open a criminal investigation into the Israeli attack on the Freedom Flotilla in May 2010. The Israeli government has praised her move.

Fatou Bensouda had decided not to open an investigation into the allegation that war crimes were committed by Israeli soldiers when they seized the Mavi Marmara, the main ship in the Gaza-bound flotilla that sought to break the siege imposed on the territory. Nine Turkish citizens were killed by the Israeli commandos when they boarded the vessel in international waters.

According to Bensouda, the judges’ decision ten days ago altered the mandate given to her under the Rome Statute that founded the International Criminal Court, and sharply expanded the court’s jurisdiction. She claimed that the special panel decided that the ICC made technical errors during its work only in subjects that were not agreed upon. Against this backdrop, she argued that the special panel of judges surpassed the powers granted to them by the statute.

Bensouda asked from the ICC Appeals Court to cancel the request to reconsider its decision on the Freedom Flotilla and to dismiss the appeal filed by the Comoros Islands in this regard. The Comoros was the first entity to file a complaint with the ICC in May 2013.