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Rodney Dixon QC appeared this week before the ICC Appeals Chamber on behalf of the Government of the Comoros. The ICC Prosecutor had appealed against the Pre-Trial Chamber’s ruling in judicial review proceedings in favour of the Comoros that the Prosecutor had erred in her decision not to open an investigation into the case referred to the ICC by the Comoros.
The case concerned the interception of the Mavi Marmara ship (sailing under the flag of the Comoros, an ICC State Party) in May 2010 on the high seas by the Israeli Defence Forces when it was carrying humanitarian supplies to Gaza. This is the first time that the ICC Appeals Chamber has heard an appeal from judicial review proceedings initiated by a State Party. The hearing was also attended by many of the victims of the raid and the families of the deceased.