July 17, 2015
- ICC Orders Prosecutor to Reopen Mavi Marmara War Crimes Case Against IDF – Yonah Jeremy Bob
In a 2-1 decision, the International Criminal Court on Thursday ordered its chief prosecutor, Fatou Bensouda, to consider opening a full criminal investigation into war crimes allegations against IDF personnel relating to the 2010 Mavi Marmara flotilla, just seven months after she had closed the file. The ICC told Bensouda she should have considered more seriously the possibility that the deaths of those killed were “systematic or resulted from a deliberate plan or policy to attack, kill or injure civilians.”
Prime Minister Benjamin Netanyahu responded that the IDF acted “in self-defense in stopping an attempt to break a blockade established in accordance with international law,” as confirmed by a report sponsored by the UN secretary-general and by a quasi-independent Israeli commission with international observers.
Foreign Ministry spokesman Emmanuel Nachshon said, “It is not clear why the court stubbornly persists in directing resources to superfluous work relating to complaints with cynical political motivations, instead of working on issues for which it was established,” such as mass killings. (Jerusalem Post)
See also ICC Declares War on Israel – Avi Bell
The Pre-Trial Chamber of the International Criminal Court, for the first time in its history, has ordered the ICC Prosecutor to pursue an investigation she has decided to close. The Chamber ruled that the Prosecutor was wrong to close the preliminary investigation into war crimes charges against Israel for the Mavi Marmara flotilla incident of 2010.
The ruling holds that the Prosecutor should assume the truth of even the wildest accusations in deciding whether to bring charges; in other words, there should be an irrebuttable presumption of guilt in the preliminary investigation stage. And it holds that crimes have sufficient gravity to interest the court, even if they have very few actual victims, as long as they are widely covered by the media, and are subject to a lot of political activity at the UN. It’s a safe bet that these “rules” will never be applied to any non-Jewish, non-Israeli defendant.
The ICC will earn its reputation as another failed hope for international law, and another embarrassing institution devoted to persecuting the Jewish state. And Israeli Jews will once again find themselves in a world where it is criminal simply to exist, and where stepping foot in the wrong country means instant arrest. The writer is a professor at Bar-Ilan University’s Faculty of Law and the University of San Diego Law School. (Times of Israel)
(Click on the title of either article to see the whole article…Ed.)