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An internal rift within the International Criminal Court (ICC) system has arisen over the controversial Mavi Marmara Flotilla case, and the very rationale of the Rome-Statute treaty that established the ICC is being tested.

The ICC was set up in 2002 to probe the world's worst crimes including war crimes and crimes against humanities. While the prosecutor maintains that the incident does not meet the ‘gravity’ criteria of the court where most cases involve many thousands killed or injured in situations of mass impunity. However, the Pre-Trial Chamber (PTC) continues to appeal this decision and has pressured the ICC Appeals Chamber to order the prosecutor to her review her conclusions for the third time seeming to reflect an ongoing power struggle between the Office of the Prosecutor (OTP) and Chambers.

In response the ILF conducted an on-line briefing, alongside other experts on international law to discuss the legal implications for the ICC, the Prosecutor and for Israel's case at the ICC on the situation in Palestine.


One of the outcomes of the webinar is an academic criticism of the decision and a call on the prosecutor to close the case written by the ILF's Jeremie Bracka. The academic criticism was published on the Opinio Juris website. Opinio Juris is one of the most important international legal forums’, read by all ICC experts, including the Court, and is sure to generate some backlash against the Court in defense of Israel's position.

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