ICC Pre-Trial Chamber I rejects Comoros’ request for judicial review of the Prosecutor’s decision not to open an investigation with respect to crimes allegedly committed in the context of the 31 May 2010 Israeli interception of the Humanitarian Aid Flotilla bound for the Gaza Strip.
On 14/5/13, the Union of the Comoros referred this situation to the ICC Prosecutor.
On 6/11/14, the Prosecutor decided not to initiate an investigation, considering that the potential case likely to arise following an investigation would not be of ‘sufficient gravity’ to justify further action by the ICC.
On 16/7/15 and 15/11/18, PTC I requested the Prosecutor to reconsider her decision. The last PTC I’s decision was confirmed on appeal.
On 2/12/19, the Prosecutor once again reaffirmed her position that no potential case arising from the situation would be sufficiently grave to justify further action.
By its decision of 16/9/20, PTC I found that the Prosecutor did not genuinely reconsider her decision not to investigate but it decided not to ask the Prosecutor to reconsider her decision again, considering, based on the guidance received from the Appeals Chamber, that it was unclear whether and to what extent it may request the Prosecutor to correct the errors identified by the Chamber.
Cf ICC press release, https://www.icc-cpi.int/Pages/item.aspx?name=pr1537