topal, ahmet hamdi istanbul medipol üniversitesi - hukuk fakültesi - milletlerarası hukuk abd, Turkey

The Decision of ICC Concerning Mavi Marmara and Its Evaluation in terms of the International Law

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The Office of the Prosecutor of the ICC, by the decision reached after conclusion of preliminary investigation dated 6 November 2014 on the application made by the Union of Comoros, did not find a reasonable basis to proceed with an investigation in the case of Mavi Marmara which is a part of an eight-boat flotilla called “Gaza Freedom Flotilla”. In the decision, the Office of the Prosecutor argued that although there is a reasonable ground indicating war crimes in the Comorian-registered vessel (the Mavi Marmara) committed by the Israeli Defense Forces, it would not be of sufficient gravity to justify further action by the Court. In this paper, the above mentioned decision, concluding the case at the early stage of proceedings despite findings on war crimes committed by the authorities of Israel, will be evaluated from the perspective of international law.

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Mavi Marmara , Abluka , International Criminal Court , Preliminary Examination , War Crimes , Admissibility , The Gravity of the Crime

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