Israel 'may have committed war crimes' by storming boat taking aid supplies to Gaza International Criminal Court rules there is basis to say war crimes took place But lawyers will not prosecute as the offences are 'not sufficiently grave' Eight Turks and one American-Turk died in raid on ship by Israeli troops Crew say soldiers fired first but Israel says troops fired after being attacked Israel may have committed war crimes when commandos stormed an aid ship in 2010 killing nine people, but officials will not be prosecuted because the offences are 'not serious enough'. Eight Turks and one Turkish-American died after crack troops opened fire on the crew of the Mavi Marmara in the early hours of May 31, 1010. The incident, which happened in international waters, sparked international condemnation and led to years of tense relations between Turkey and Israel. Today prosecutor Fatou Bensouda said that 'there is a reasonable basis to believe that war crimes were committed on the Mavi Marmara' but were 'not of sufficient gravity to justify further action by the International Criminal Court (ICC).' Lawyers at the International Criminal Court have ruled that Israel likely committed war crimes against the crew of the Mavi Marmara in 2010, but that the case does not warrant prosecution Nine Turks died when Israeli troops storming the boat opened fire - the crew claim the soldiers fired without warning, while Israel says they shot after being attacked (pictured, activists hold a Israeli troop) He added: 'Without in any way minimizing the impact of the alleged crimes on the victims and their families... the ICC shall prioritise war crimes committed on a large scale.' Israel's Foreign Ministry welcomed the decision to close the probe, saying the case was 'legally unfounded and politically motivated.' A spokesman for the ministry sought to point out that the court had also chosen not to act over violence against its soldiers by activists on board the Mavi Marmara. The boat, the flagship of a six-craft flotilla aimed at breaking the blockade of Gaza and carrying 10,000 tons of aid to shore, was caught in a stand-off with Israel after being stopped at sea. In the early hours of May 31 the ship was stormed by commandos who dropped on to the deck from a helicopter and used ropes to climb up the sides. Activists on board the ship claim the soldiers opened fire before boarding or issuing any warning, while Israel maintains the soldiers only fired after troops were beaten with sticks and metal poles. The case was taken to the ICC last year after the tiny African state of Comoros - which is a member of the court - filed a complaint, as the ship was flying under a Comoros flag. Neither Turkey nor Israel are not part of the ICC, which only has jurisdiction over member states. A Turkish lawyer representing Comoros has vowed not to give up the case. The Mavi Mara was the flagship of a six-boat flotilla that was trying to bring 10,000 tons of aid to Gaga when it was stopped in international waters. After a standoff with Israeli forces, troops stormed the boat Turkish lawyers have vowed not to give up the case, saying that the ICC prosecuted rebels who killed a similar number of African peacekeepers in Darfur (pictured, a wounded Israeli commando is taken away by rebels) Ramazan Ariturk said: 'This is a moral struggle that we're pursuing by ourselves. It's a legal struggle, a struggle in the name of humanity. This struggle isn't over. We will object to a higher court at the International Criminal Court and we believe without a doubt that we will prevail. In a 61-page report, prosecutors concluded that 'there is a reasonable basis to believe' Israeli wilfully killed, wilfully caused serious injury and deprived passengers of dignity. The report said that the findings were based on 'information available at this stage', adding that none of the information was collected by the ICC. A U.N. report in July 2011 found that the raid was justified, but that Israel used excessive force. Turkish lawyers seeking an ICC case turned to Comoros because the tiny nation is a member of the court and the Mavi Marmara was registered under the country's flag. They pointed to another ICC case, in Sudan, in which the court prosecuted rebels accused of leading an attack on African Union peacekeepers in Darfur in which 11 people died. Arituk said the ICC was setting a double standard by recognising the gravity of 11 troops being killed, but ignoring the nine protesters. In their report, prosecutors addressed the similarities in the number of victims in the two cases, but added there was also a key difference, as Darfur rebels' attack was deliberate.