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File photo of the Mavi Marmara. AP/Press Association Images

No prosecution for Israel over flotilla raid despite 'reasonable belief of war crimes'

Israeli commandos stormed the ship in 2010, killing ten people.

THE INTERNATIONAL CRIMINAL Court will not launch a prosecution over Israel’s raid on a Gaza-bound flotilla in 2010 in which 10 Turkish activists died, despite a “reasonable basis to believe that war crimes were committed”.

Chief prosecutor Fatou Bensouda said there would be no investigation leading to a potential prosecution because the alleged crimes, including the killing of 10 activists by Israeli commandos, were not of “sufficient gravity”.

“The information available provides a reasonable basis to believe that war crimes were committed on board the Comorian-registered vessel the Mavi Marmara during the interception of the flotilla,” Bensouda said in a statement on Thursday.

She said.

However, after carefully assessing all relevant considerations, I have concluded that the potential case(s) likely arising from an investigation into this incident would not be of ‘sufficient gravity’ to justify further action by the ICC.

Nine Turkish nationals died when Israeli commandos staged a botched pre-dawn raid on a six-ship flotilla seeking to bust Israel’s naval blockade of the Gaza Strip on May 31, 2010.

A tenth activist later died of his wounds.

“Taking into account the serious nature of the physical injuries caused by the IDF’s use of force against some affected passengers, and even bearing in mind self-defence… the information available provides for a reasonable basis to believe that the IDF soldiers committed (a) war crime,” Bensouda said, referring to the Israeli army.

Israel’s foreign ministry acknowledged Bensouda’s decision but expressed regret that the court’s time had been wasted looking into a “politically-motivated” complaint.

A statement said:

Israel believes that it was pointless to initiate a preliminary inquiry in the first place, and regrets that the resources and precious time of the court — an institution established to combat the world’s worst atrocities — were allocated to an unfounded and politically-motivated legal complaint.

It also noted that the incident had already been “thoroughly examined in detail” by both an Israeli committee and one established by the UN, both of which “determined that the IDF soldiers were forced to respond with force to protect their lives from lethal, pre-planned and organised violence.”

Israel imposed its blockade on Gaza in 2006 after militants there seized an Israeli soldier, who was eventually freed in 2011 in a trade for 1,000 Palestinian prisoners held by Israel.

The blockade was strengthened in 2007, when the Islamist Hamas movement took control of Gaza, then eased somewhat following an international outcry over the killing of the Turkish activists.

Turkey-Gaza Ship AP / Press Association Images AP / Press Association Images / Press Association Images

A Turkish court in May ordered the arrest of four former Israeli military chiefs over the raid as part of an ongoing trial in absentia brought by aid group IHH and the victims’ families in 2012.

The assault sparked widespread condemnation and provoked a major diplomatic crisis between the two countries.

Ankara expelled the Israeli ambassador, demanded a formal apology and compensation and an end to the blockade on the Gaza Strip, which is ruled by Hamas, a Palestinian militant group.

An Israeli probe found that the raid did not violate international law, in a conclusion which Turkey said lacked credibility.

- © AFP, 2014

Read: Amnesty accused of being a “propaganda tool for Hamas” by Israel >

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    Mute Mick McGuinness
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    Jan 20th 2022, 7:11 AM

    He’s been Tangoed.

    147
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    Mute Justin Gillespie
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    Jan 20th 2022, 12:51 PM

    @Mick McGuinness: For all the worry about Trump’s appointees being in his pocket, the Supreme Court judges seem to be immune to his shenanigans.
    This is not the first time they have ruled against him.

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    Mute David A. Murray
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    Jan 20th 2022, 7:17 AM

    I wonder what the security measures are for a Supreme Court Justice? Given how many times they have ruled against Trump’s lawyers, or refused to hear their case, hard core Trump/MAGA supporters must be inclined to take a dim view of the SCOTUS members.

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    Mute Felicity Rawson
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    Jan 20th 2022, 7:26 AM

    @David A. Murray: If anyone were to murder any member of SCOTUS at the monent, Biden would be appointing their replacement. You’d have to be pretty stu… to do it, if you’re a MAGA bot. Ah. Right. Yeah. Point taken

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    Mute David A. Murray
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    Jan 20th 2022, 7:34 AM

    @Felicity Rawson: Given the GOP’s tactics under Obama and Trump, I wouldn’t be confident Biden would be ‘allowed’ to select any SCOTUS replacement.

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    Mute Colm O' Shea
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    Jan 20th 2022, 7:53 AM

    @David A. Murray: Democrats have control of the house and senate (at the moment), the GOP would be powerless to stop an appointment

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    Mute Tricia G
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    Jan 20th 2022, 9:13 AM

    @Colm O’ Shea: Tell that to Manchin and Sinema…..

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    Mute Colm O' Shea
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    Jan 20th 2022, 9:41 AM

    @Tricia G: just playing devils advocate, those two are not elected to represent the DEMs, they are voted to represent the people of their districts (which are red/purple). Do their constituents want the same thing as the wider DEM party?
    They are stuck in a position where they cant be seen as too liberal as it will alienate their voters and they’ll do themselves out of a job.

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    Mute David A. Murray
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    Jan 20th 2022, 10:25 AM

    @Colm O’ Shea: While that’s technically true, the GOP are (almost entirely) completely shameless in leveraging whatever ‘process’ they can dig up to block how things are supposed to work in Congress, until they then do a complete flip when the timing is right. Rick Wilson recently described Congressional politics in these terms: “The Democrats are playing chess. The GOP are responding by simply eating the playing pieces.”

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    Mute Colm O' Shea
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    Jan 20th 2022, 12:45 PM

    @David A. Murray: love the quote!! Absolutely agree, Dems are playing by the rules and GOP are trying to change the rules to suit themselves. What shocks me is that the electorate is so entrenched that no one seems to see what they are doing and how it conflicts with their morals.
    Would be interested to find out what % of the GOP politicians actually believe what they are saying and what % are taking making cynical calculations

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    Mute Nameo Maximus
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    Jan 20th 2022, 7:21 AM

    Thought this was a Stephen Hawking article based on the pic!

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    Mute James Kerins
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    Jan 20th 2022, 7:37 AM

    @Nameo Maximus: why? Cos you’re blind?

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    Mute alan scott
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    Jan 20th 2022, 8:05 AM

    @Nameo Maximus: lol, I see the similarity

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    Mute Colm O' Shea
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    Jan 20th 2022, 9:44 AM

    @alan scott: what similarity? Hawkins was a leading intellect with spasticity, Trump was just a sp- (fill in for yourself)

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    Mute Nameo Maximus
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    Jan 20th 2022, 10:33 AM

    @James Kerins: Can spot a stable genius a mile away

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    Mute alan scott
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    Jan 20th 2022, 12:26 PM

    @Colm O’ Shea: it’s called having a sense of humour. Hawking was a intellect for sure. We are just saying that facial expression looks looked hawkings. Read what I actually said.

    It seems you just go though the comments each day to look for a argument and by chance you strolled on mine.

    Sorry to burst your bubble pal, but I have way more important things to do then get into a argument. Byeeee

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    Mute Colm O' Shea
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    Jan 20th 2022, 12:41 PM

    @alan scott: as was mine a joke, not trolling but bye. Toodle pip

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    Mute Anthony Ross
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    Jan 20th 2022, 6:27 PM

    Maybe the BOZO LIER MURDERER TRUMP WILL BE IN JAIL SOON

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