Israel committed ‘Crimes against Humanity’ by wilfully attacking the State of the Union of Comoros-flagged vessel and other vessels comprising the Gaza Freedom Flotilla and killed 9 civilians of which 8 Turkish and 1 American humanitarian aid volunteers. 

 

Israeli soldiers and secret agents, have injured more than 50 civilians, of which most seriously, arbitrary detained all passengers, tortured and ill-treated them and illegally seized all properties and vessels. 

 

According to the report voted and accepted by the United Nations Human Rights Council it is determined that, “the crimes committed during this attack consist a violation of the Fourth Geneva Convention.”

 

For committing crimes which are recorded by the UN Human Rights Council, Attorneys Dr. Ramazan Ariturk and Cihat Gokdemir, with their Power of Attorney, have referred the case on behalf of the State of the Union of Comoros against Israel at the International Criminal Court on 14.05.2013 in order to try Israel and those responsible for the perpetration and commanding of the attack.

 

The referral together with its annexes contains images, documents, records and other evidence (witness, victim statements, video’s and photographs, autopsy reports, other forensic medicine reports, expert reports and the UN Human Rights Council International Fact-Finding Mission Report which was accepted by the General Assembly.

The victims of had also filed an individual application at the ICC on 14 October 2010. This application is still pending at the ICC Prosecutor. 

As a State Party to the founding treaty of the ICC, the Rome Statute, The Union of Comoros has also the right to refer the case to the ICC, as the Mavi Marmara was waving its flag. On the bases of the territoriality principle, there is no doubt that the ICC has jurisdiction to try Israel for the crimes committed. As an international Court with jurisdiction of the crimes genocide, crimes against humanity, war crimes and the crime of aggression, The International Criminal Court will undoubtedly prosecute Israel too for committing the crimes stated by the UN Human Rights Council Report as war crimes and crimes against humanity.

 

At the international criminal prosecution, starting with this referral, it is requested to prosecute and punish all senior officials, starting with Benyamin Netanyahu with Power of Attorney by the Attorneys Dr. Ramazan Ariturk and Cihad Gokdemir on behalf of the State of the Union of Comoros 

 

There has also been a referral to the ICC against Israel for using illegal weapons during “Operation Cast Lead” in which 1500 civilian Palestinians have been killed of which most were women and children. After Palestine received the status of ‘Observer State’ at the UN, Israel noticed the seriousness if this case and used all possible illegal ways to absolve from it and continue its unaccountability and lawless politics. However, after our referral on behalf of the Union of Comoros, Israel has no options to escape anymore from accountability for the war crimes it has committed.

 

This referral to the ICC will show the developments in the World in relation to universal human rights and humanitarian law and how much the ICC believes in these values and where it stands. 

 

This referral will also show whether the ICC is a punishment instrument for the UN Security Council or some power groups against other states and leaders, or whether it is a centre where justice will prevail. In case the ICC will not take this referral serious or will reject it contrary to the UN Human Rights Council’s determination that the crimes committed during the attack on the Freedom Flotilla are war crimes, the Court will deny its own existence and end its legality.