ICC-01/13

The Situation on Registered Vessels of the Union of the Comoros, the Hellenic Republic and the Kingdom of Cambodia




On 5 July 2013, the Presidency of the International Criminal Court (ICC) assigned "the Situation on Registered Vessels of the Union of the Comoros, the Hellenic Republic and the Kingdom of Cambodia" to Pre-Trial Chamber I. This situation was referred to the Court by the Union of the Comoros, regarding an attack on vessels registered respectively to the Comoros, Greece and Cambodia, which are all States Parties to the Rome Statute.

The referral made reference to seven vessels that were allegedly attacked, and requested the Prosecutor to investigate the event, specifically on "one of the passenger vessels of the humanitarian aid flotilla bound for Gaza on 31 May 2010, in which nine (9) victims were killed on board and more than dozens were seriously injured, as a consequence of the attacks of the Israel Defence Forces… in international waters". According to the referral, this vessel was within the territorial jurisdiction of the Comoros, while two of the other vessels allegedly subjected to attacks were within the territorial jurisdiction of Greece and Cambodia, respectively. The referral also made reference to Article 12(2)(a) of the Rome Statute, which allows the ICC to exercise its jurisdiction over crimes committed on board a vessel, if the State of registration of that vessel is a State Party to the ICC. Comoros, Greece and Cambodia are all States Parties to the Rome Statute.

On 6 November 2014, the Office of the Prosecutor announced that it was concluding the preliminary examination of the situation referred by the Union of Comoros because legal requirements of the Rome Statute had not been met.

On 29 January 2015, the Representatives of the Government of the Union of the Comoros filed an Application for Review pursuant to Article 53(3)(a) of the Prosecutor's Decision of 6 November 2014 not to initiate an investigation in the Situation.