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 is a procedural matter only, and is not the beginning of an investigation.

On 14 May 2013, the Prosecutor of the ICC received a referral from the Union of the Comoros, “with respect to the 31 May 2010 Israeli raid on the Humanitarian Aid Flotilla bound for Gaza Strip”.

The referral makes reference to seven vessels that were allegedly attacked, and requests 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 makes 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.