Assault on the Gaza flotilla, the international commission of inquiry is set up

(BRUSSELS2) The international commission of inquiry charged with clarifying the facts after the attack by the Israeli navy on the Mavi Marmara and the other ships of the "flotilla to Gaza" on May 31, could be set up. UN Secretary General Ban Ki Moon proposed the main elements. But Israel contests, for the moment, both the principle of an international commission and refuses to participate in it.

This commission would be chaired by the former Prime Minister of New Zealand and professor of law Sir Geoffrey Russel Palmer, announced Ban Ki Moon and would include 4 other members: two appointed by Ban Ki Moon (an expert in international law and a soldier - l one of them would be American), one designated by Turkey and the other by Israel. We always wonder what role the Europeans play...

Legal proceedings in several countries

This commission of inquiry would not, however, rule out possible legal action before the national courts. The situation on the high seas implies that it is normally the flag State which is competent. As the facts having occurred on a Turkish ship essentially, as well as on the other ships, it is either the law of the flag concerned which applies, or the law of the victims (if national law allows this "extra-territorial application ).

The Turkish prosecutor could thus open an investigation. And in Germany, the former MP for Die Linke, Norman Päch, aboard one of the boats, intends to file a complaint with the federal prosecutor's office. The French returning from Israel have also indicated their similar intention. And it seems certain that many of the activists imprisoned in Ashdod after the hijacking of their ship and released today do the same with the judicial authorities of their country. This will add to the ambient confusion. Even if the continuation of these legal proceedings is not proven, it could however lead to legal insecurity for the Israeli forces and cascading media repercussions which will mean a second politico-media defeat after the bloody assault on the Mavy Marmara (1) .

(Nicolas Gros-Verheyde)

(1) Read:  Assault of the Gaza flotilla: the Israeli army film does not hold water

Read also: The statement of the Security Council of 31 May 2010 and the positions of member states