ICC Prosecutor Issues Final Decision Not to Investigate the Comoros Referral (Mavi Marmara Incidents)

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Friday, December 8, 2017
Michael Plachta

On November 30, 2017, the Prosecutor of the International Criminal Court (ICC) announced that she had decided to close the Preliminary Examination into the Comoros situation, more commonly known as the situation relating to incidents aboard the Mavi Marmara. The decision, which was filed with Pre-Trial Chamber I on November 29, 2017, has been described by the ICC Prosecutor as “final,” and subject only to the OTP’s ongoing discretion under Article 53(4) of the Rome Statute – the Court's founding treaty – to reconsider a decision not to proceed on the basis of new facts or information. Annexed to the decision is a 145-page report explaining the Prosecutor’s position in detail.