Article

The law of naval warfare and international criminal law : Germany's federal prosecutor on the Gaza flotilla incident

Claus Kress

• Israel yearbook on human rights, Vol. 49, 2019, p. 1-38

English

The incident of the Gaza Flotilla on 31 May 2010 has beaten high waves between Israel and Turkey, the two States most directly concerned and beyond. The incident has given rise to four reports: that of a United Nations (UN) fact-finding mission, that of the 'Turkey Commission', that of the Turkish National Commission of Inquiry, and most importantly, that of the 'Palmer Report'. The legal battle has also reach the International Criminal Court, where it has been a source of procedural controversy, and the decision whether an investigation before the ICC will be opened is still undecided. In this context, Claude Kress notes that it has been understandably far less widely noted that Germany's Federal Prosecutor General had also been called upon to deal with the matter. On 29 September 2014, the Prosecutor decided not to open an investigation. This article analyses some of the key components of this decision.

• Full text : restricted access (ICRC)

• Israel yearbook on human rights / publ. under the auspices of the Faculty of Law, Tel Aviv University
• Israel yearbook on human rights [Vol. 49, 2019] / publ. under the auspices of the Faculty of Law, Tel Aviv University