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Hague Prosecutor Cites Possible Israeli War Crimes but Declines to Seek Inquiry in Gaza Flotilla Raid Hague Prosecutor Cites Possible Israeli War Crimes in Gaza Flotilla Raid
(about 3 hours later)
PARIS — Israeli military forces may have committed war crimes when they stormed a flotilla of civilian ships delivering aid to the Gaza Strip four years ago, but the consequences were insufficiently grave to warrant a criminal investigation by the International Criminal Court in The Hague, the court’s chief prosecutor said Thursday.PARIS — Israeli military forces may have committed war crimes when they stormed a flotilla of civilian ships delivering aid to the Gaza Strip four years ago, but the consequences were insufficiently grave to warrant a criminal investigation by the International Criminal Court in The Hague, the court’s chief prosecutor said Thursday.
A report issued by the office of the prosecutor, Fatou Bensouda, cited investigative reports by other agencies and described what it called alleged war crimes by the Israel Defense Forces, like “intentionally directing an attack” against civilian targets, willful killing and willfully causing serious injury of civilians. But the deaths involved only a “small number of victims,” and so did not meet the court’s standard for prosecution, the office said.A report issued by the office of the prosecutor, Fatou Bensouda, cited investigative reports by other agencies and described what it called alleged war crimes by the Israel Defense Forces, like “intentionally directing an attack” against civilian targets, willful killing and willfully causing serious injury of civilians. But the deaths involved only a “small number of victims,” and so did not meet the court’s standard for prosecution, the office said.
Nine passengers, eight Turks and one American of Turkish descent, were killed and several others wounded aboard one of the ships, Mavi Marmara, when Israeli commandos boarded the flotilla in the Mediterranean Sea, in international waters off the coast of Gaza, in 2010. The ship, registered in the island nation of Comoros, was part of a convoy that sailed from Turkey carrying humanitarian aid and construction materials that intended to break through Israel’s naval blockade of Gaza, its organizers have said.Nine passengers, eight Turks and one American of Turkish descent, were killed and several others wounded aboard one of the ships, Mavi Marmara, when Israeli commandos boarded the flotilla in the Mediterranean Sea, in international waters off the coast of Gaza, in 2010. The ship, registered in the island nation of Comoros, was part of a convoy that sailed from Turkey carrying humanitarian aid and construction materials that intended to break through Israel’s naval blockade of Gaza, its organizers have said.
Comoros filed a complaint with the court in 2013, and, mindful of the sensitivity of the issue, prosecutors quickly agreed to a review. Mrs. Bensouda said Turkey and Israel were given the opportunity to provide information but had not done so.Comoros filed a complaint with the court in 2013, and, mindful of the sensitivity of the issue, prosecutors quickly agreed to a review. Mrs. Bensouda said Turkey and Israel were given the opportunity to provide information but had not done so.
The outcome had been awaited with much interest, all the more so because the Palestinian Authority has been signaling that it may join the court. If it does, the I.C.C. may gain the authority to investigate a broad panoply of alleged war crimes in Gaza and the occupied territories.The outcome had been awaited with much interest, all the more so because the Palestinian Authority has been signaling that it may join the court. If it does, the I.C.C. may gain the authority to investigate a broad panoply of alleged war crimes in Gaza and the occupied territories.
Although the prosecution rejected the case, its 60-page report included references to the alleged war crimes at sea and also called Israel the occupying power of Gaza, and seemed to offer the complainants some satisfaction.Although the prosecution rejected the case, its 60-page report included references to the alleged war crimes at sea and also called Israel the occupying power of Gaza, and seemed to offer the complainants some satisfaction.
Relatives of the Turkish citizens killed in the attack said they were encouraged by the prosecution’s reasoning.Relatives of the Turkish citizens killed in the attack said they were encouraged by the prosecution’s reasoning.
“Although this court decision is not satisfying, it’s still a success,” said Ismail Bilgen, 26, the son of Ibrahim Bilgen, 61, who was killed in the raid.“Although this court decision is not satisfying, it’s still a success,” said Ismail Bilgen, 26, the son of Ibrahim Bilgen, 61, who was killed in the raid.
But Bulent Kahraman, the director of the Istanbul-based Humanitarian Relief Foundation, which had organized the flotilla, said at a news conference in Istanbul on Wednesday that he was disappointed by the decision, and that his agency would appeal. He had been given an early copy of the report before its official release on Thursday.But Bulent Kahraman, the director of the Istanbul-based Humanitarian Relief Foundation, which had organized the flotilla, said at a news conference in Istanbul on Wednesday that he was disappointed by the decision, and that his agency would appeal. He had been given an early copy of the report before its official release on Thursday.
The report said the boarding of the flotilla was not itself part of a “widespread and systematic attack,” and as such did not meet the court’s criteria for crimes within its mandate.The report said the boarding of the flotilla was not itself part of a “widespread and systematic attack,” and as such did not meet the court’s criteria for crimes within its mandate.
The prosecution said the court could, in principle, claim jurisdiction over the case even though Israel is a not a member because jurisdiction applies to the vessels and aircraft of member countries as well as their territories. Three of the ships were registered in countries that were court members: Cambodia, Comoros and Greece.The prosecution said the court could, in principle, claim jurisdiction over the case even though Israel is a not a member because jurisdiction applies to the vessels and aircraft of member countries as well as their territories. Three of the ships were registered in countries that were court members: Cambodia, Comoros and Greece.
The prosecution said it examined the case as if it were an international armed conflict because “Israel continues to be an occupying power” in Gaza, something Israel has denied since 2005.The prosecution said it examined the case as if it were an international armed conflict because “Israel continues to be an occupying power” in Gaza, something Israel has denied since 2005.
Despite Israel’s 2005 disengagement from Gaza, the report said, Israel retains effective control over border crossings and the sea and airspace of Gaza; it not only conducts periodic military incursions into Gaza but also expressly reserves the right to do so, which amounts to occupation.Despite Israel’s 2005 disengagement from Gaza, the report said, Israel retains effective control over border crossings and the sea and airspace of Gaza; it not only conducts periodic military incursions into Gaza but also expressly reserves the right to do so, which amounts to occupation.
Experts said that while the report had no legal effect, it offered some insight into possible future cases involving the Israeli-Palestinian conflict.Experts said that while the report had no legal effect, it offered some insight into possible future cases involving the Israeli-Palestinian conflict.