ICC prosecutor ordered to re-investigate 'Mavi Marmara' incident
Judges believe prosecutor made 'material errors in her determination of the gravity' of the case
The International Criminal Court on Thursday ordered its Prosecutor Fatou Bensouda to reconsider her earlier decision not to investigate Israel for allegations of war crimes committed during the 2010 Mavi Marmara flotilla incident.
The decision, which was passed by 2-1, harshly criticized Bensouda for closing the file which saw 10 Turkish activists die on the flotilla which aimed to break the Israeli blockade on Gaza boarded by Israeli commandos.
The African country of Comoros in January filed a request for the ICC seeking to overturn Prosecutor Fatou Bensouda's refusal to launch a probe into Israel's raid. One of the ships in the flotilla was sailing under a Comoros flag.
The ICC told Bensouda that she should have taken the possibility into consideration that those killed by the IDF in the boarding, lost their lives in a "deliberate plan or policy to attack, kill or injure civilians." As well, the ICC added in their ruling that that she made "material errors in her determination of the gravity" of the case.
Israel in response, released a statement strongly condemning the ICC's decision to re-open the Mavi Marmara case.
Deputy Foreign Minister Tzipi Hotovely stated the ICC decision was part of a campaign of "Palestinian incitement," Israeli daily Ynet reported Thursday.
"It’s very puzzling to me why the International Criminal Court would decide to open a probe into soldiers who defended themselves against brutal attacks by terrorists aboard the Marmara," she said, adding that "there are Palestinian actors who are trying all the time to incite international bodies against Israel. I hope those same bodies will be able to identify the incitement and not help it along."
In May 2010 nine Turkish citizens were killed after Israeli commandos raided the Mavi Marmara, part of a flotilla that was attempting to reach Gaza. An Israeli inquiry found that the soldiers opened fire after the activists aboard the ship attempted to attack them with knives and metal rods.
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. Cairo has also maintained a blockade on the Strip.
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.
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.
An Israeli probe found that the raid did not violate international law, in a conclusion which Turkey said lacked credibility.