ICC will not prosecute Israel over deadly raid on Gaza flotilla

No action despite "reasonable basis" to assume attack on humanitarian convoy that killed 10 activists constituted war crimes, court prosecutor says.

Palestinian protesters take cover behind doors during clashes with Israeli border police at a checkpoint between the Shuafat refugee camp and Jerusalem on November 6, 2014. Ammar Awad / Reuters

THE HAGUE // The International Criminal Court will not launch a prosecution over Israel’s raid on a Gaza-bound flotilla in 2010 in which 10 Turkish activists died, despite a “reasonable basis to believe that war crimes were committed”.

The court’s chief prosecutor, Fatou Bensouda, said there would be no investigation leading to a potential prosecution because the alleged crimes, including the killing of 10 activists by Israeli commandos, were not of “sufficient gravity”.

“The information available provides a reasonable basis to believe that war crimes were committed on board the Comorian-registered vessel the Mavi Marmara during the interception of the flotilla,” Ms Bensouda said on Thursday.

However, she said, “I have concluded that the potential case(s) likely arising from an investigation into this incident would not be of ‘sufficient gravity’ to justify further action by the ICC”.

Nine Turkish nationals died when Israeli commandos staged a botched pre-dawn raid on a six-ship flotilla seeking to break Israel’s naval blockade of the Gaza Strip on May 31, 2010.

A tenth activist later died of his wounds.

“Taking into account the serious nature of the physical injuries caused by the IDF’s use of force against some affected passengers, and even bearing in mind self-defence ... the information available provides for a reasonable basis to believe that the IDF soldiers committed [a] war crime,” Ms Bensouda said.

Ms Bensouda opened a preliminary investigation last year after Comoros – which is a member of the court – filed a complaint about the boarding of the ship.

A Turkish lawyer representing Comoros vowed not to give up the case.

“This struggle isn’t over,” Ramazan Ariturk said in Istanbul. “We will object to a higher court at the International Criminal Court and we believe without a doubt that we will prevail.”

The court’s decision comes as growing Israeli-Palestinian tensions have led to fresh violence following Israel’s 50-day war on Gaza that killed more than 2,000, new settlements in Arab East Jerusalem and Jewish claims for the right to pray at the Al Aqsa mosque compound, the third-holiest site in Islam.

The Israeli prime minister on Thursday told the king of Jordan, which retains custodial rights over Muslim holy sites in Jerusalem’s Old City, that there would be no change in policy at Al Aqsa.

Benjamin Netanyahu made the assurance in a phone call with King Abdullah to discuss “the latest incidents” at the site, which is also the most sacred site for Jews.

Heavy clashes raged at the mosque compound on Wednesday morning as Israeli police faced off with Palestinian stone-throwers bent on preventing a visit by Jewish extremists, prompting Jordan to recall its ambassador in protest.

“Prime Minister Netanyahu reiterated Israel’s commitment to preserve the status quo on the Temple Mount as well as Jordan’s special status at the site,” the premier’s office said, using the Israeli name for the compound.

King Abdullah for his part “recalled that Jordan firmly rejected any measure undermining the sanctity of the Al Aqsa mosque”, according to a palace statement.

Under the current status quo, Jews are permitted to visit the compound but not to pray there for fear it would cause friction at one of the most sensitive holy sites in the Middle East.

Jewish extremist groups planned to march through Jerusalem on Thursday in a move expected to stoke tensions further following Wednesday’s clashes at Al Aqsa and a deadly Palestinian car attack.

Israeli police set up concrete barriers and roadblocks East Jerusalem, a day after a Palestinian driving a minivan deliberately ran into two groups of pedestrians, killing a policeman, in the second such attack in a fortnight.

Hours later, another Palestinian ran over three Israeli soldiers in the southern West Bank, leaving one in serious condition and hiking Israeli fears of a wave of copycat hit-and-run attacks.

But the 23-year-old driver, from a village near Hebron, turned himself in on Thursday morning, insisting it had been a road accident, his family said.

Although the Al Aqsa compound was calm yesterday, clashes broke out between police and Palestinians in other areas of East Jerusalem.

The worst violence was in Shuafat refugee camp, home of the minivan driver from Wednesday’s attack. About 200 youths hurled rocks and firecrackers at security forces, who responded with tear gas, percussion grenades and sponge rounds.

* Agence France-Presse