Israeli Government Sued in the International Criminal Court for deaths from attack on the Mavi Marmara
In a separate lawsuit, on 14 May 2013, a referral was received by the International Criminal Court (ICC) Office of the Prosecutor (OTP) from the authorities of the Comoros, a State Party to the Rome Statute of the ICC, in relation to the Israeli attack on the Mavi Marmara which was registered in the Comoros Islands. Six months after Turkey issued its arrest warrants, the OTP announced in its report under Article 53 (1) Rome Statute that it decided not to investigate the registered vessels situation.
OTP’s decision not to investigate was based on the ‘gravity’ criteria of the Rome Statute. According to the OTP, ‘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.’ In so doing, the OTP did not consider the other two criteria for declining to investigate, namely, complementarity and the interests of justice. The Comoros ‘appealed’ the OTP’s decision and on 16 July 2015, the ICC Pre-Trial Chamber (PTC) requested the Prosecutor to reconsider its decision not to open an investigation.