No: 392, 13 December 2014

It has been noticed that there are some unsubstantiated allegations in the media concerning the application made to the Office of the Prosecutor of the International Criminal Court (ICC) concerning the attack perpetrated by Israel on 31 May 2010 against the international aid convoy carrying humanitarian aid to Gaza.

The legal process following the attack by Israel against the ship Mavi Marmara has been carried out in full transparency. In this regard, we have submitted our national report containing all relevant information, documents and evidence that we possess to the UN Investigation Panel. This report is accessible. As a matter of fact, the crimes perpetrated by the Israeli forces are clearly stated in the final report published by the co-chairs of the Panel on the basis of our report.

The Prosecutor of the International Criminal Court prepared the preliminary examination report of 6 November 2014, taking into account also our national report.

Apart from those included in our national report, we do not possess any ancillary document or information to submit to the International Criminal Court to support the application.

Moreover, the Prosecutor, in view of the available evidence, stated that there is reasonable legal basis for war crime charges in the attack of Israel. The fact that the Prosecutor did not proceed with an investigation was not because of any lack of information or document. It is understood that the decision of the Prosecutor is based on different motives and justifications in connection with the Rome Statute founding the International Criminal Court.

On the other hand, Turkey is not a Party to the International Criminal Court. We pay due care to pursue our relations with the above-mentioned Court, to which we are not a Party, in a manner that would not set any precedent against Turkey in the future.

Our Ministry has shared its consultative opinion and assesment with our relevant institutions regarding the request of Istanbul 7th High Penal Court for the issuance of red notice for four Israeli officials in relation with Mavi Marmara attack.