ICC: Israel’s killing of 9 Gaza flotilla protesters ‘not of sufficient gravity’ for war crimes probe

(EDITOR’S NOTE: While “travesty of justice”, as well as “moral outrage” and “inexplicably shameful” are all appropriate phrases to be used in the wake of this putrescent ICC decision, it is in fact perfectly congruent with the way that the so-called “international community” and its various organs have dealt with the usurping Zionist regime since it came into existence via ethnic cleansing and genocide almost seven decades ago. Due to the overwhelming power that the organized Jewish community wields in the name of International Zionism, particularly its seemingly all-encompassing influence over Washington, Ottawa, London, Paris, Brussels and other Euro-Atlanticist strongholds, Western governments — and therefore, the global organizations that they chair and fund — are beholden to the hegemony of their  Zionist financial overlords and out of sheer fear of losing their positions in the intersected worlds of business and politics, make sure that the Jewish gangster “state” stays out of harm’s way. It is time, after over 130 years of illegal Jewish colonization and 67 years of Jewish occupation in the Holy Land of Palestine, to unequivocally state that the liberal democratic paradigm, which is hegemonic and enshrines such concepts as “human rights” and “international law” into its socio-political foundation, is dead. It cannot secure justice for the Palestinian people — or their allies like those on the Freedom Flotilla — in any way, shape or form. It cannot punish Zionist war criminals. It cannot regain land and it sure as hell cannot stop Jewish colonialism from devouring village after village and threatening holy site after holy site. There is only one solution to the Zionist problem, and that is the Hizbullah-Algeria option. Hizbullah’s methodology not only deters Zionism, not only defeats it, but beats it up, and this is proven by the Lebanese Islamic Resistance’s successful three-decade history; the Algerian anti-colonial model, which collapsed a 132-year French colonial occupation, could work as well, undoubtedly. Anything and everything else is a sham… Let the liberals choke on that reality. ~ Jonathan Azaziah)

The killing of nine Gaza Freedom Flotilla protesters in 2010 by Israeli forces lacked “sufficient gravity” to come under its jurisdiction, the ICC said, adding that there was reason to suspect war crimes were committed.

“Following a thorough legal and factual analysis of the information available, I have concluded that there is a reasonable basis to believe that war crimes under the jurisdiction of the International Criminal Court were committed on one of the vessels, the Mavi Marmara, when Israeli Defense Forces intercepted the ‘Gaza Freedom Flotilla,’” the International Criminal Court’s (ICC) chief prosecutor Fatou B. Bensouda said in a statement.

However Bensouda ruled in the 61-page report that any cases relating to the incident, which brought Israeli-Turkish relations to a historic low, “would not be of sufficient gravity to justify further action by the ICC.”

The Israeli raid on Gaza Freedom Flotilla in international waters on May 31, 2010, killed eight Turkish nationals and an American of Turkish origin as the vessels tried to penetrate the Israeli blockade on Gaza maintained since 2007.

The lawsuit against the state of Israel was filed in The Hague three years later on behalf of Turkey’s Humanitarian Aid Foundation (IHH) and the victim’s families, with an authorization from Comoros Islands in which the raided vessel, the Mavi Marmara, was registered.

A lawyer representing Comoros pledged not to quit the case.

“This is a moral struggle that we’re pursuing by ourselves. It’s a legal struggle; a struggle in the name of humanity. This struggle isn’t over,” said Ramazan Ariturk, as quoted by AP. “We will object to a higher court at the International Criminal Court and we believe without a doubt that we will prevail.”

Article 12(2) of the Rome Statute stipulates that the court’s jurisdiction extends to crimes committed on board a vessel or aircraft of a member state and its territory. Turkey, Israel and Palestine are not members of the ICC.

Israeli lawyer Nick Kaufman thus claimed that Mavi Marmara was deliberately reflagged just before the flotilla set sail, to exploit a jurisdictional vehicle for the “continuing and obsessive ‘lawfare’ against Israel at the ICC.”

A 2011 UN report found that the raid was justified, but that Israel had used “excessive force.”

Representatives of the Comoros government, meanwhile, are planning to apply for a review of the decision, which “marks the first time a state referral by an ICC States Party has ever been rejected by … prosecutors without even initiating an investigation.”

“It confirms the view expressed by politicians, civil society organizations, NGOs and commentators from many quarters that Israel has a ‘special status,'” said lawyers Rodney Dixon and Geoffrey Nice.

The 2010 atrocity caused international condemnation and severely damaged Turkish-Israeli relations. Three years after the raid, in March 2013, Turkey received an official apology from Israel over the incident.

In 2012, the ICC declined Palestine’s bid for an investigation into the 2008-09 Israeli military offensive on the Gaza strip on the basis that Palestine was not a recognized state at the time.

Source: Russia Today

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