The Lawfare Project and 9 Bedford Row make new submission to ICC regarding the "Situation in Palestine"
Dear friends,
As many of you are aware, the International Criminal Court (ICC) is considering a complaint regarding the 2010 Gaza Flotilla's attempted breach of Israeli sovereignty. At the time, the ICC declined to consider the matter. Almost a decade after the event occurred, the ICC's Office of the Prosecutor is still considering a request to revisit its decision not to investigate. The Lawfare Project, in partnership with 9 Bedford Row, responded last week by filing a legal communication encouraging the Prosecutor to confirm the decision not to open a formal investigation prior to her final decision on December 2nd.
The ICC made the right decision to not open a formal investigation into the matter. Since then, nothing has changed to warrant a reopening of the complaint. No new information has come to light that would warrant the opening of an investigation and the legal standard has remained the same. Opening an investigation into this isolated incident would result in a standard that would require a formal investigation of virtually every communication, even when presented with weak, conflicting, and sometimes absent information.
The Lawfare Project's communication urges the ICC to affirm the actions of the Israeli humanitarian soldiers who defended themselves against the brutal attack. It also encourages the Prosecutor to revisit some of the key procedural and jurisdictional issues surrounding the incident.
The Prosecutor, Fatou Bensouda, is currently reviewing the decision, and she will issue a decision by December 2nd on whether or not to open a probe. If the ICC wants to remain a neutral judicial body, she will take our advice to not proceed with a full investigation.
Thank you for being an active member of The Lawfare Project community. We ask that you please consider donating to support our effort to continue defending the rights of the Jewish people.
With gratitude,
Brooke Goldstein
Executive Director, The Lawfare Project