Faculty Scholarship

What is the Gravity Threshold for an ICC Investigation? Lessons from the Pre-Trial Chamber Decision in the Comoros Situation

Boats in harbor

On May 31, 2010, Israeli Defense Forces (IDF) intercepted an eight-boat humanitarian flotilla en route to the Gaza Strip. In the course of boarding and taking control of the vessels, the IDF killed ten people and injured approximately fifty. In addition, there were allegedly hundreds of incidents of outrages upon personal dignity, and possibly torture. One of the boats was registered to the Union of the Comoros, a state party to the International Criminal Court (ICC), which referred the situation to the Court. The Prosecutor opened a preliminary examination to determine whether a reasonable basis exists to investigate.

Read the full paper at The American Society of International Law.

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