<commit_before>---
title: Comoros
country: comoros
published: true
date: 2015-02-23T19:15:00.000Z
phase: 'Preliminary Examinations, Closed - Decision Not to Proceed'
link_to_more_information: 'https://www.icc-cpi.int/comoros'
description: 'The Preliminary Examination in Comoros focuses on alleged atrocity crimes (crimes against humanity, war crimes) committed during an attack upon civilians which involved Israeli Defense Forces (IDF) and ships registered to various countries including Comoros, Greece, and Cambodia and which occurred on May 31, 2010. On November 6, 2014, the OTP closed the preliminary examination. However, on July 16, 2015, Pre-Trial Chamber I requested that the OTP reconsider her decision not to open a formal investigation.'
slug: comoros
---


The Preliminary Examination in registered vessels of Comoros, Greece, and Cambodia focuses on alleged atrocity crimes (crimes against humanity, war crimes) committed during an attack upon civilians which involved Israeli Defense Forces (IDF) and ships registered to various countries including Comoros, Greece, and Cambodia and which occurred on May 31, 2010.

On January 3, 2009, as a part of the continuing conflict between Israel and Palestine, Israel enforced a naval blockade of the Gaza Strip to restrict the movement of people and goods in and out of the region. In response to Israel’s blockade, the Free Gaza Movement decided to send an eight-boat flotilla of ships called the “Gaza Freedom Flotilla” to break the blockade and deliver humanitarian aid to Gaza. On May 28, 2010, the eight-boat flotilla of ships embarked upon the journey from Turkey; however, one ship was unable to depart and one ship was delayed due to mechanical issues. The eight ships carried over 700 passengers from 36 countries, and the ships were registered to various countries including State Parties Comoros, Greece, and Cambodia. &nbsp;&nbsp;

On May 31, 2010, the IDF surrounded and [boarded](https://www.theguardian.com/world/2010/may/31/israeli-attacks-gaza-flotilla-activists) the six ships that had remained on schedule, and the interception resulted in the deaths of ten civilians (nine Turkish citizens and one dual Turkish-American citizen) and injuries to other civilians on the ships. On June 1, 2010, the UN Security Council [called](https://www.theguardian.com/world/2010/jun/01/un-condemns-israel-assault-gaza-flotilla) for an investigation into the IDF attack on the flotilla. The deaths of Turkish citizens due to the IDF raid on the Mavi Marmara, a ship registered to Comoros, [soured](https://www.theguardian.com/world/2010/jun/01/gaza-flotilla-raid-turkey-prime-minister-israel) the diplomatic relationship between Turkey and Israel for many years. In 2010, Israel [refused](http://www.cnn.com/2010/WORLD/meast/12/26/turkey.israel.relations/index.html) to apologize to Turkey for the deaths of Turkish citizens, but, in 2016, Turkey and Israel [signed](http://www.cnn.com/2016/06/26/middleeast/israel-turkey-relations/) a deal under which Israel would provide a $20 million compensation fund for Turkish families and Turkey would end all legal claims against the Israeli government and Israel military members. &nbsp;&nbsp;

Comoros [ratified](https://asp.icc-cpi.int/en_menus/asp/states%20parties/african%20states/Pages/comoros.aspx) the Rome Statute on August 18, 2006. On May 14, 2013, Comoros [referred](https://www.icc-cpi.int/iccdocs/otp/Referral-from-Comoros.pdf) itself to the ICC, and the ICC Office of the Prosecutor (OTP) [opened](https://www.icc-cpi.int//Pages/item.aspx?name=otp-statement-14-05-2013) a preliminary examination. On November 6, 2014, the OTP [closed](https://www.icc-cpi.int//Pages/item.aspx?name=otp-statement-06-11-2014) the preliminary examination on grounds that the Rome Statute's requirements for opening a formal investigation had not been met. The OTP [concluded](https://www.icc-cpi.int/iccdocs/otp/OTP-COM-Article_53(1)-Report-06Nov2014Eng.pdf) that, after considering the information available, there was a reasonable basis for a formal investigation of war crimes but not crimes against humanity. However, the OTP [further concluded](https://www.icc-cpi.int/iccdocs/otp/OTP-COM-Article_53(1)-Report-06Nov2014Eng.pdf) that, though the crimes met the jurisdiction requirement of the ICC, the crimes were not of sufficient gravity (the limited scope—the situation had occurred in one day, on three vessels, small number of victims) to meet the admissibility requirement of the ICC.

On July 16, 2015, at the request of Comoros to review the OTP’s decision to close the preliminary examination and to not open a formal investigation, Pre-Trial Chamber I [decided](https://www.icc-cpi.int//Pages/item.aspx?name=PR1133) that the OTP [made errors](https://www.icc-cpi.int/CourtRecords/CR2015_13139.PDF) in evaluating the scale of the crimes, appreciating the nature of the crimes, assessing the manner of commission of the crimes, and assessing the impact of the crimes, and thus, ultimately, incorrectly determined that the crimes were not of sufficient gravity. Pre-Trial Chamber I [requested](https://www.icc-cpi.int/CourtRecords/CR2015_13139.PDF)&nbsp;that the OTP reconsider her decision not to open a formal investigation. On November 6, 2015, the Appeals Chamber [dismissed](https://www.icc-cpi.int//Pages/item.aspx?name=pr1170) the OTP’s appeal of Pre-Trial Chamber I’s decision requesting the OTP to reconsider her decision.

For more information on the preliminary examination in Comoros, please visit the [ICC page](https://www.icc-cpi.int/comoros).<commit_msg>Updated '/_situations/comoros.md' via CloudCannon<commit_after>---
title: Comoros
country: comoros
published: true
date: 2015-02-23T19:15:00.000Z
phase: 'Preliminary Examinations, Closed - Decision Not to Proceed'
link_to_more_information: 'https://www.icc-cpi.int/comoros'
description: 'The Preliminary Examination in the registered vessels of Comoros, Greece, and Cambodia focuses on alleged atrocity crimes (crimes against humanity, war crimes) committed during an attack upon civilians which involved Israeli Defense Forces (IDF) and ships registered to various countries including Comoros, Greece, and Cambodia and which occurred on May 31, 2010. On November 6, 2014, the OTP closed the preliminary examination. However, on July 16, 2015, Pre-Trial Chamber I requested that the OTP reconsider her decision not to open a formal investigation.'
slug: comoros
---


The Preliminary Examination in the registered vessels of Comoros, Greece, and Cambodia focuses on alleged atrocity crimes (crimes against humanity, war crimes) committed during an attack upon civilians which involved Israeli Defense Forces (IDF) and ships registered to various countries including Comoros, Greece, and Cambodia and which occurred on May 31, 2010.

On January 3, 2009, as a part of the continuing conflict between Israel and Palestine, Israel enforced a naval blockade of the Gaza Strip to restrict the movement of people and goods in and out of the region. In response to Israel’s blockade, the Free Gaza Movement decided to send an eight-boat flotilla of ships called the “Gaza Freedom Flotilla” to break the blockade and deliver humanitarian aid to Gaza. On May 28, 2010, the eight-boat flotilla of ships embarked upon the journey from Turkey; however, one ship was unable to depart and one ship was delayed due to mechanical issues. The eight ships carried over 700 passengers from 36 countries, and the ships were registered to various countries including State Parties Comoros, Greece, and Cambodia. &nbsp;&nbsp;

On May 31, 2010, the IDF surrounded and [boarded](https://www.theguardian.com/world/2010/may/31/israeli-attacks-gaza-flotilla-activists) the six ships that had remained on schedule, and the interception resulted in the deaths of ten civilians (nine Turkish citizens and one dual Turkish-American citizen) and injuries to other civilians on the ships. On June 1, 2010, the UN Security Council [called](https://www.theguardian.com/world/2010/jun/01/un-condemns-israel-assault-gaza-flotilla) for an investigation into the IDF attack on the flotilla. The deaths of Turkish citizens due to the IDF raid on the Mavi Marmara, a ship registered to Comoros, [soured](https://www.theguardian.com/world/2010/jun/01/gaza-flotilla-raid-turkey-prime-minister-israel) the diplomatic relationship between Turkey and Israel for many years. In 2010, Israel [refused](http://www.cnn.com/2010/WORLD/meast/12/26/turkey.israel.relations/index.html) to apologize to Turkey for the deaths of Turkish citizens, but, in 2016, Turkey and Israel [signed](http://www.cnn.com/2016/06/26/middleeast/israel-turkey-relations/) a deal under which Israel would provide a $20 million compensation fund for Turkish families and Turkey would end all legal claims against the Israeli government and Israel military members. &nbsp;&nbsp;

Comoros [ratified](https://asp.icc-cpi.int/en_menus/asp/states%20parties/african%20states/Pages/comoros.aspx) the Rome Statute on August 18, 2006. On May 14, 2013, Comoros [referred](https://www.icc-cpi.int/iccdocs/otp/Referral-from-Comoros.pdf)&nbsp;the registered vessels of Comoros, Greece, and Cambodia to the ICC, and the ICC Office of the Prosecutor (OTP) [opened](https://www.icc-cpi.int//Pages/item.aspx?name=otp-statement-14-05-2013) a preliminary examination. On November 6, 2014, the OTP [closed](https://www.icc-cpi.int//Pages/item.aspx?name=otp-statement-06-11-2014) the preliminary examination on grounds that the Rome Statute's requirements for opening a formal investigation had not been met. The OTP [concluded](https://www.icc-cpi.int/iccdocs/otp/OTP-COM-Article_53(1)-Report-06Nov2014Eng.pdf) that, after considering the information available, there was a reasonable basis for a formal investigation of war crimes but not crimes against humanity. However, the OTP [further concluded](https://www.icc-cpi.int/iccdocs/otp/OTP-COM-Article_53(1)-Report-06Nov2014Eng.pdf) that, though the crimes met the jurisdiction requirement of the ICC, the crimes were not of sufficient gravity (the limited scope—the situation had occurred in one day, on three vessels, small number of victims) to meet the admissibility requirement of the ICC.

On July 16, 2015, at the request of Comoros to review the OTP’s decision to close the preliminary examination and to not open a formal investigation, Pre-Trial Chamber I [decided](https://www.icc-cpi.int//Pages/item.aspx?name=PR1133) that the OTP [made errors](https://www.icc-cpi.int/CourtRecords/CR2015_13139.PDF) in evaluating the scale of the crimes, appreciating the nature of the crimes, assessing the manner of commission of the crimes, and assessing the impact of the crimes, and thus, ultimately, incorrectly determined that the crimes were not of sufficient gravity. Pre-Trial Chamber I [requested](https://www.icc-cpi.int/CourtRecords/CR2015_13139.PDF)&nbsp;that the OTP reconsider her decision not to open a formal investigation. On November 6, 2015, the Appeals Chamber [dismissed](https://www.icc-cpi.int//Pages/item.aspx?name=pr1170) the OTP’s appeal of Pre-Trial Chamber I’s decision requesting the OTP to reconsider her decision.

For more information on the preliminary examination in Comoros, please visit the [ICC page](https://www.icc-cpi.int/comoros).
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