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The interception of the humanitarian aid flotilla by Israeli Defense Forces (IDF) on 31 May 2010, during which nine Turkish citizens (one of whom was also a US citizen) died and many others injured, shocked both Turkey and international community. Israel, which has been well known for its repeated unlawful acts in the international scene but claiming irresponsibility by utilizing the gap resulted from the lack of a clear stance by international community up to day, has faced with an unexpected reaction. It has been denounced by many countries, including the leading members of the European Union and has been subjected to various inquiry/investigation processes conducted by international and national authorities. Moreover, the incident which was named after the Turkish vessel, Mavi Marmara, where the tragedy unfolded, constituted one of the main breaking points for Turkish-Israeli relations. The attacks’ taking place on the high seas and targeting civilians have once more led to an arduous debate on the responsibility of Israel within the framework of international law and on the legality of the naval blockade imposed by Israel on the Gaza Strip, especially between January 2009-July 2010. In this context, firstly the UN Human Rights Council decided to establish “an independent international fact-finding mission to investigate violations of international law, including international humanitarian law and human rights law, resulting from the Israeli attacks.” The Mission reported its findings to the UN Human Rights Council on 22 September 2010 and the resolution was adopted by a vote of 30 in favour, 1 against (the US) and 15 abstentions on 29 September 2010. Shortly prior thereto, on 2 August 2010, the UN Secretary-General Ban Ki-Moon announced the setting-up of another Panel of Inquiry on the flotilla incident. However, the mandate of the latter was quite different from that of the Mission as it would “receive and review the reports of the national investigations with the view to recommend ways of avoiding similar incidents in the future.” As it is clearly understood from the stated mandate, the ultimate goal of the Panel which is composed of representatives of both parties and the head of the mission, is to repair strained relations between Turkey and Israel and accordingly the nature of its inquiry is complementary. Finally, the Panel is expected to release its final report in March, 2011. In this analysis, I will try to shed light on the alleged violations of international law committed by Israel in terms of imposing blockade on the Gaza Strip and attacking the flotilla of ships carrying humanitarian assistance.
International Law Observer, 7 June 2010
Lost at Sea: Attacks on the Gaza Flotilla and the Siege on the occupied Gaza StripA Turkish Law firm acting on behalf of Union of the Comoros has issued a letter on 14 May 2013 to the Prosecutor of the International Criminal Court (hereinafter “the ICC” or “the Court”) in order to initiate an investigation into War Crimes and Crimes Against Humanity, arising from Israel Defense Force’s (hereinafter “IDF”) attack on the flotilla on the 31 May 2010 (hereinafter “Gaza Freedom Flotilla”). In light of the respectful submission of Comoros and for reasons delineated in the request letter, the law firm claimed that the ICC has jurisdiction to consider the matter under Article 12(2)(a) of the Rome Statute. The request was made along with its particulars to the Madame Prosecutor of the ICC (hereinafter “the Prosecutor”) by Comoros, a State Party to the Rome Statute as well as the registered State of M.V. Mavi Marmara vessel, one of the passenger vessels of Gaza Freedom Flotilla, where nine people (all Turkish origin but one is USA citizen) were killed on board and more than fifty people were seriously injured, as a consequence of the attacks of the IDF, as claimed, in international waters (hereinafter “the M.V. Mavi Marmara Incident”). This article by reference to this incident examines the possibilities of how and by whom a situation can be referred to the ICC. To this end, first of all, a brief history of the incident will be provided. Then the establishment of the ICC will be touched upon regarding the scope of its jurisdiction. For the M. V. Mavi Marmara incident the facts will be laid down. In relation to the issue of the jurisdiction of the ICC, its complementarity principle and the gravity of the crimes will be clarified. In this way a request for investigation will be referred with reference to the appropriate articles of the Rome Statute. After maintaining the principles of how and by whom a situation can be brought before the ICC, a final argument will be provided if the Turkish law firm’s choice of the crimes for the investigation on the M. V. Mavi Marmara incident was correct one(s). The types of the crimes within the ICC’s jurisdictional power will in this way necessarily be provided. The article will end with a saying that the crimes regardless of their definition must be remedied in international law whether it be by the ICC or by any other means. Otherwise the wrongdoer will be left without a remedy: “an international law without a remedy”?
SSRN Electronic Journal
Israel’s Seizure of the Gaza-Bound Flotilla: Applicable Laws and Legality2010 •
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