ICC prosecutor again declines directive to investigate 2010 flotilla raid

International Criminal Court’s Prosecutor, Fatou Bensouda, declines Appeals judges order to reconsider her earlier refusals, and open a formal investigation of the May 2010 IDF raid on the Mavi Marmara.

By Associated Press, Israel Hayom Staff


The prosecutor of the International Criminal Court on Monday again refused to open an investigation into the 2010 raid by Israeli forces of an aid flotilla heading to the Gaza strip.

Appeals judges in September ordered Prosecutor Fatou Bensouda to reconsider her earlier refusals to open a formal investigation into the May 31, 2010, raid of the Mavi Marmara.

MS Mavi Marmara making a tour of Istanbul harbour on the occasion of her return to Istanbul, December 26, 2010 – Photo: Wikimedia Commons/Hevesli

The ship was trying to breach the maritime blockade Israel imposed on Gaza after the Hamas terrorist group seized control of the enclave from rival Palestinian faction Fatah in 2007 in a military coup.

Israel maintains the blockade is necessary to prevent the smuggling of weapons into Gaza.

The 2010 raid, which took place after the Marmara refused to heed the Israel Navy’s calls to turn around, saw eight Turks and one Turkish-American killed and several other pro-Palestinian activists wounded.

Mavi Marmara ‘passengers’ attack IDF Soldiers with Metal Rods prepared in advance by cutting the deck rails with an acetylene torch a few days earlier. – Photo: IDF/Wikimedia

Bensouda has acknowledged that war crimes may have been committed in the raid but decided that the case wasn’t serious enough to merit an ICC probe.

On Monday, she repeated that assertion.

“The Prosecutor maintains her view that there is not a reasonable basis to proceed, because there is no potential case arising from this situation that is sufficiently grave,” Bensouda said in a 44-page document.

The order was the latest and likely the last step in a long legal battle to bring the case before the court.

Bensouda first declined a request to investigate the raid in 2014. A panel of pretrial judges asked her to reconsider and she again refused to open an investigation in 2017. That decision was appealed, leading to the order earlier this year to again reconsider.

The original request was made by the tiny Indian Ocean islands nation of Comoros because the Mavi Marmara was sailing under a Comoros flag.

The ICC was set up as a court of last resort intended to prosecute senior leaders allegedly responsible for grave crimes including genocide, war crimes and crimes against humanity when national courts prove unable or unwilling to take on such cases.

Israel is not a member state of the court but its nationals could have faced charges if Bensouda had opened an investigation.


View original Israel Hayom publication at:



A hardy ‘Well done!’ to Prosecutor Fatou Bensouda for her professionalism and integrity.

She saw with clarity the full nature of the event, from transporting broken wheelchairs & out-of-date medicines that were deemed ‘humanitarian aid hijacked by IDF pirates in international waters’ when in reality a legal Maritime blockade was broken by violent Turkish terrorists planning to engage the Israelis by force.

The farce is portrayed here. Enjoy!





‘as a light unto the nations’