The ICC: The Flotilla Case is Closed, Settlements and Operation Protective Edge Remain under Examination
By Pnina Sharvit Baruch and Lior Zur
More than seven years after the Gaza flotilla incident, it appears that the legal handling of the matter by the ICC has
come to an end. On November 30, 2017, Court Prosecutor Fatou Bensouda submitted her final decision, confirming her
decision of 2014 not to open an investigation against Israel with respect to the “flotilla incident.” Together with this
success, Israel faces a greater challenge from the Court – dealing with the preliminary examination taking place about
the situation in “Palestine.” This includes an assessment of war crimes allegedly committed by Israelis starting in June
2014 in the Gaza Strip, the West Bank, and East Jerusalem. If this examination results in an investigation, it will be
far more comprehensive and broader in scope of time, area, and the acts it encompasses.
ENDS