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Prosecutor’s appeal rejected by Appeals Chamber of the International Criminal Court (ICC)

10th November 2015

Government of Comoros represented by Rodney Dixon QC successful on appeal

The Appeals Chamber of the International Criminal Court (ICC) has by majority rejected the Prosecutor’s appeal against the Pre-Trial Chamber’s decision which found that she had erred in refusing to open a formal investigation into the military operation that intercepted the Gaza Flotilla on the high seas off the coast of Gaza in May 2010 in which 10 civilians were killed and several injured.  The ICC Prosecutor is now required to reconsider her decision in light of the findings of the Court.  This is the first case before the ICC in which a State Party of the ICC has judicially reviewed the Prosecutor’s decision about whether to open an investigation.  The situation had been referred to the Prosecutor by the Comoros on the basis that the operation occurred on a ship registered to the Comoros. Rodney Dixon QC represented the Government of Comoros.