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The Decision on the Gaza Flotilla by the ICC Prosecutor: A Warning for the Future

(Institute for National Security Studies-Tel Aviv University) Pnina Sharvit Baruch and Keren Aviram - On Nov. 6, 2014, the prosecutor of the International Criminal Court (ICC) issued a report determining that there will be no investigation against Israel regarding the Mavi Marmara incident that took place in May 2010. While the prosecutor's operative conclusion is favorable to Israel, the decision's analysis of the events, combined with the findings and conclusions, could be indicative of the position the prosecutor's office will adopt toward future incidents. The report states that there is reasonable basis upon which to conclude that Israel continues to be an occupying power in Gaza despite the 2005 disengagement. The report states that there is a reasonable basis to believe that war crimes were committed by IDF soldiers, specifically, the willful killing and injuring of protected civilians. The claim accepted by Israel's Turkel Commission, that the violent IHH activists should be seen as civilians taking direct part in hostilities, and therefore, as a legitimate military target for attack, was rejected. Adv. Pnina Sharvit Baruch, a senior research associate at INSS, is former head of the International Law Department of the Israel Defense Forces.
2014-11-28 00:00:00
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