ICC Pre-trial Chamber I Requests the Prosecutor to Re-examine her Decision not to Investigate the Case Presented by the Union of the Comoros on Alleged Attacks by Israeli Armed Forces

The Mavi Marmara Vessel. Retrieved from Free Gaza Movement/flickr/cc

On 16 July 2015, ICC Pre-Trial Chamber I composed of Judges Joyce Aluoch, Cuno Tarfusser and Péter Kovács approved the request of the Union of the Comoros to review the decision of the ICC Prosecutor not to investigate the 2010 alleged attacks by Israeli Armed Forces on a Gaza-bound flotilla (Mavi Marmara vessel) bearing humanitarian aid.

On 14 May 2013, the Office of the Prosecutor (OTP) of the International Criminal Court received a referral from the Union of the Comoros requesting an investigation into attacks on a Gaza Bound flotilla. On 6 November 2014 the OTP reported that it would end preliminary investigations on the matter because the legal requirements of the Rome Statute to proceed with the case had not been met. The OTP contended that any potential case(s) that would emerge from a full-scale investigation would not be of ‘sufficient gravity’ to justify further action.

On 29 January 2015, the Union of the Comoros filed an application for Review of the Prosecutor’s decision not to investigate the incident.

In its decision on 16 July 2015, Pre-Trial Chamber I held that the Prosecutor committed material errors in her determination of the gravity of any potential case(s). Accordingly, the Court requested the Prosecutor to re-examine her decision not to proceed with the investigation. The Prosecutor shall review her decision as soon as possible and notify the Chamber, the Union of the Comoros, and the Victims.

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