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November 9, 2015

Analysis: The ICC Decision on 'Mavi Marmara' May Actually Be Good for Israel

Mavi Marmara, 2010. (REUTERS)
"How can the International Criminal Court Appeal's Chamber decision keeping alive the 2010 Mavi Marmara flotilla war crimes allegations be positive for Israel? Friday's ruling said that ICC Prosecutor Fatou Bensouda must reconsider her decision to close the file without moving forward with a full criminal investigation from the current preliminary stage.

This means that Israeli soldiers could still be closer to the embarrassment and delegitimization process of major war crimes trials than ever before...

But reading between the lines, the real likely outcome of the decision will be what Israel wanted, to close the file without it going a step further.

Why? The ICC Appeals Chamber did not really rule for or against Israel as much as it explained its view on various procedural issues...

Bensouda argued that the lower court's ruling was so harsh on her and in its description of Israel's actions that she needed the ICC Appeals Chamber to jump in and save her from its negative ruling and abrasive tone.

The Chamber essentially said: ignore the harsh language and tone, you can still do whatever you want and once you have given matters a bit more thought, if you stick to your guns, the pro-flotilla side, the Island of Comoros, cannot ask any ICC courts to second-guess you again.

And that is what Bensouda will most likely do – namely, stick to her guns and close the file once and for all..."
Date
November 9, 2015
Title
Analysis: The ICC Decision on ‘Mavi Marmara’ May Actually Be Good for Israel, The Jerusalem Post
Author(s)
Yonah Jeremy Bob
Original Source
http://www.jpost.com/Israel-News/Politics-And-Diplomacy/The-ICC-decision-on-Mavi-Marmara-may-actually-be-good-for-Israel-432435
Attachment
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Source: https://hrvoices.org/site/articles/?a=8643&view=print