ICC Says it Won't Probe Israeli Raid on Gaza-bound Flotilla

The 2010 raid on the Flotilla taking aid to Gaza left nine Turkish nationals dead but now the International Criminal Court has said it won't be proceeding with any action against Israel .... Quelle Surprise.

"The Prosecutor's decision marks the first time a State referral by an ICC States Party has ever been rejected by ... Prosecutor without even initiating an investigation," said lawyers Rodney Dixon and Geoffrey Nice in a statement.

"It confirms the view expressed by politicians, civil society organizations, NGOs and commentators from many quarters that Israel has a 'special status,'" they added.

The court declined two years ago to investigate allegations against the Israeli military in 2008-2009, citing the uncertain legal status of the Palestinian Authority, which at the time had not been recognized by the UN General Assembly as a sovereign state.
www.haaretz.com...

Another green light for Israel to carry on regardless and do as it pleases as no sanctions will follow.

we all know israelis are perfect and can do no wrong, so why bother to check?
it would be insensitive to pile on all that Jewish guilt they already have, just for something as trivial as justice!

a reply to: gortex

Quelle Surprise.

You can say that again.

I'm pretty sure at this point, Israel could launch a Nuke against Britain and not see a damn thing be done by the international courts.

~Tenth

a reply to: gortex

…citing the uncertain legal status of the Palestinian Authority, which at the time had not been recognized by the UN General Assembly as a sovereign state.

The Palestinians still aren't "recognized" by the "UN". Like they aren't human or something.

The ICC has no jurisdiction in this case. Not only that the ICC is a separate entity and not a part the United Nations.

Secondly Israel is not a signatory to the treaty and the treaty stipulates only members of the ICC or non members who request the ICC investigation / prosecution can be affected by it.

The ICC primary jurisdiction is :
Crimes against humanity.
Genocide
War Crimes
Crimes of Aggression *(proposed but not passed).

Even if Israel were a signatory based on the ICC definitions this incident does not qualify.

Finally the accused nation must be notified by the ICC of the issues and must be provided time for the nation to try and resolve the issue first. Only after the passing of time and inaction on part of the government could the ICC act.

Here is the warning people are not understanding.

The ICC introduced a legal term called Universal Jurisdiction. A concept that would allow one nation to invoke jurisdiction in another country without consent of said nation.

The US is not a signatory because the setup of the court and its procedures violate the US Constitution.

a reply to: Xcathdra

All of that makes it no less frustrating that a nation can behave in whatever way it likes and kill innocent civilians with impunity because of who they are and their history of persecution , there's a bully in this school yard and it's about time someone stood up them.

I have no problem with the Jewish people but their government is out of control and has been for many years , the persecuted have become the persecutors and the international community is complicit by its inaction.

a reply to: gortex

Does your position on Israel also apply to other countries / rulers like Assad? Hussein?

Both who have killed innocent civilians.

I was also under the impression that when Israeli's border the vessel they were attacked by people who were armed. The flotilla made the mistake of publicly claiming their destination was Gaza. Since Israel controls it they are allowed to intercept the vessel and force an inspection.

As for an out of control government the same can be said about Hamas and some other groups in the region, like Syria.

I raise these points to demonstrate its not a one way road.

a reply to: Xcathdra

I was also under the impression that when Israeli's border the vessel they were attacked by people who were armed. The flotilla made the mistake of publicly claiming their destination was Gaza. Since Israel controls it they are allowed to intercept the vessel and force an inspection.

Seeing how the blockade is illegal they do not have the right to board any vessel going into Gaza. Not to mention they boarded the ship in international waters which makes it an act of piracy. Also the people on the ship were not armed the terrorist that boarded the ship just started firing on the people on the ship.

As for an out of control government the same can be said about Hamas and some other groups in the region, like Syria.

To say that Hamas and Syria is as out of control as Israel is laughable. Hamas is defending itself against a terrorist nation that is wiping it off the map and Syria is in the middle of a civil war started by western interests and one of these interests is Israel.

a reply to: Xcathdra

Does your position on Israel also apply to other countries / rulers like Assad? Hussein?

It does but Israel really should know better.

As for an out of control government the same can be said about Hamas and some other groups in the region, like Syria.

Hamas is the child of Israel and their actions are a reaction to those of Israel.

I raise these points to demonstrate its not a one way road.

Neither can they be used to justify the actions of one over another , as far as I'm aware Israel is the only state to forcibly imprison a whole nation of people.

ETA
I would also like to point out that although the world has failed to take action they have tried to get Israel to tow the line.

Israel had been condemned in 45 resolutions by United Nations Human Rights Council since its creation in 2006—the Council had resolved almost more resolutions condemning Israel than on the rest of the world combined. The 45 resolutions comprised almost half (45.9%) of all country-specific resolutions passed by the Council,
en.wikipedia.org...

All I want to see is a real viable two state solution with the Palestinians having enough land to create their own state.
I'm not pro the Palestinians or anti Israeli but I am against injustice , all my life I've seen a great injustice being played out and I think it's time it stopped.

a reply to: buster2010

The blockade is not illegal.
Israel can raid the vessels in international waters being they gave a public intent of going to Gaza.
Being armed does not have to equate into a firearm, although I am almost positive shots were fired.
Hamas and Syrian governments are in fact out of control.
Hamas wants the complete destruction of Israel and says so in its charter.
Syria does not recognize Israel.

Syria is in the midst of a civil war by their own actions. However if you have evidence to say otherwise post it so we can take a gander at it.

originally posted by: gortex
It does but Israel really should know better.

So Israel should be held to a higher standard than Arab governments?

originally posted by: gortex
Hamas is the child of Israel and their actions are a reaction to those of Israel.

Their charter calls for the complete destruction of Israel. So Israel should not defend themselves against that?

originally posted by: gortex
Neither can they be used to justify the actions of one over another , as far as I'm aware Israel is the only state to forcibly imprison a whole nation of people.

Hussein and the Kurds.
Hitler and the Jews.
Stalin and the Tartars.
Putin and gays.
Arab governments and Christianity.
Arab governments and Judaism.
Egypt and Gaza

Again Israel is not alone.

originally posted by: gortex
All I want to see is a real viable two state solution with the Palestinians having enough land to create their own state.

Please explain how a 2 state solution would be viable when Hamas calls for the destruction of Israel and makes no room for a 2 state solution.

by the way I am not attacking you.. Just debating the issues.

originally posted by: buster2010Seeing how the blockade is illegal

Why claim that, when you know it is not true?

The UN Palmer Commission report on the Mavi Marmara incident due to be handed to UN Secretary-General Ban Ki-Moon on Friday found that the naval blockade of the Gaza Strip is legal,

www.un.org...

a reply to: Xcathdra

So Israel should be held to a higher standard than Arab governments?

Your argument is much the same as the Israeli government , it's everyone's fault but Israel.

Please explain how a 2 state solution would be viable when Hamas calls for the destruction of Israel and makes no room for a 2 state solution.

A two state solution is a pipe dream based on the pre-1967 borders , Israel doesn't have any interest in it as shown by the continued settlement expansion , there is and will only be one state and that's the state of Israel.
How can it be right for any nation to expand beyond its borders into others territory as Israel has done for decades , how can any peace deal work while the theft of Palestinian land continues , how can any peace deal work without the return of that stolen land.

I have no dog in this fight I am just an outsider with a view on the whole sorry mess , I get the feeling from your responses you are an interested party with your feet embedded in one camp.

I am not attacking you either but I feel you are blinkered by your allegiance.
Peace

originally posted by: gortex
Your argument is much the same as the Israeli government , it's everyone's fault but Israel.

Actually no, that is not my position. My position is all inclusive as opposed to laying the fault only at Israel's doorsteps. In the case of the OP I am pointing out the legal issues involved in not going after Israel. People are pissed / not happy with the conclusion. why?
It certainly has nothing to do with what the law states, but solely based on a desire to punish Israel.

originally posted by: gortex
A two state solution is a pipe dream based on the pre-1967 borders , Israel doesn't have any interest in it as shown by the continued settlement expansion , there is and will only be one state and that's the state of Israel.

Israel has agreed several times throughout history to a 2 state solution. The issues revolve around that pesky Hamas wanting no peace with Israel problem. Hell back in the day there was a possibility of Palestine using Jerusalem as their Capital by making it an open city and again it was refused.

Israel wants a neighbor that will not stock pile weapons or host Iranian / Syrian troops. Hamas is in charge and refuses to work for the interest of Palestine. They have hijacked the situation to run their own personal war with Israel.

originally posted by: gortex
How can it be right for any nation to expand beyond its borders into others territory as Israel has done for decades , how can any peace deal work while the theft of Palestinian land continues , how can any peace deal work without the return of that stolen land.

The territories in question were captured during war. The Sinai was given back to Egypt in exchange for recognition and a peace treaty. Jordanian territory was given back in exchange for recognition and a peace treaty. Jordan gave up all of their claims on the west Bank with the Caveat it be used as part of a Palestinian homeland.

In the last year Israel publicly stated they were open to a land exchange, giving Israeli land to Palestine to make up the land taken in the west bank. Again Hamas refused.

Why?

Because Hamas wants it all. Hamas does not have a 2 state solution. They have a 1 state solution that is achieved with the complete destruction and removal of Israel.

originally posted by: gortex
I have no dog in this fight I am just an outsider with a view on the whole sorry mess , I get the feeling from your responses you are an interested party with your feet embedded in one camp.

Not really no... I take an interest in politics. In this particular area though people side with Hamas while refusing to consider Hamas position.

How do you create a peace and a 2 state solution when the other party's sole intent is your destruction?

originally posted by: gortex
I am not attacking you either but I feel you are blinkered by your allegiance.
Peace

Its not an allegiance... Its more of seeing both sides of the issues. People have a tendency to blame Israel no matter what the facts are. As an example you brought up the land grab yet remained silent on the attacks from Hamas that target Israeli civilians. The land grab is to create distance and stability in the eyes of Israel. Its done because of Hamas.

Israel is not a large country and their mindset has always been distance is time.

Hamas uses the same in reverse.