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Israel condemns ICC order for prosecutor to re-open Mavi Marmara case
Israeli leaders accused the International Criminal Court (ICC) of hypocrisy after an unprecedented order for the chief prosecutor to re-open the case against Israel over the Mavi Marmara incident in 2010.
Ten Turkish citizens were killed whilst trying to prevent Israeli commandos taking over a Gaza-bound protest ship, the Mavi Marmara, as the vessel attempted to break a naval blockade of the Gaza Strip. Diplomatic relations between Israel and Turkey were ceded, but the two countries are thought to have since agreed a compensation deal for the families of those who died. With Israel having apologised for the loss of life, reconciliation between the two countries is thought to be close. Meanwhile, the United Nations-sponsored Palmer Report and Israel’s own Turkel Commission both cleared Israeli forces of war crimes.
When the case was brought to the ICC by the Comoros Islands in 2013, the Chief Prosecutor Fatou Bensouda decided not to open an investigation, in part because the incident did not constitute sufficient gravity to bring it under the purview of the court. However, in a surprising decision yesterday, the ICC’s Pre-Trial Chamber voted for the first time ever to order that the case be re-opened.
The two judges in favour of such action, Judge Joyce Aluoch of Kenya and Judge Cuno Tarfusser of Italy, said that Bensouda should have more seriously considered that the deaths on the Mavi Marmara were “systematic or resulted from a deliberate plan or policy to attack, kill or injure civilians.” However, Judge Peter Kovacs of Hungary issued a strong dissenting opinion, arguing that the casualties on the Mavi Marmara “were apparently incidental to lawful action taken in conjunction with protection of the blockade,” which he said was itself a legal measure.
Israel’s Prime Minister Benjamin Netanyahu listed the myriad abuses taking place in the Middle East, concluding that the ICC “chooses to deal with Israel for cynical political reasons.” Similarly, Defence Minister Moshe Ya’alon called yesterday’s ruling “hypocritical” and “outrageous.”