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Gaza Flotilla Case Closed, Settlements Remain Under Review

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.

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