Domestic reactions In Israel, the
Israel Police and
Israel Prison Service were placed on high alert throughout the country, residents of communities close to the border with the Gaza Strip were ordered to prepare their bomb shelters, and a number of checkpoints were set up along the Israel–Gaza Strip border. The IDF placed units along the northern and southern borders on alert, and called up reservists. Roads towards the
Temple Mount in
Jerusalem and other controversial areas were blocked by police. Israeli groups have suggested 'reverse flotillas' to sail to Turkey, which would bring attention to
Turkey's history of oppression in Kurdistan and their attempts to suppress recognition of the
Armenian genocide.
International reactions The
United Nations Security Council condemned "those acts which resulted in the loss of lives" and called for a prompt investigation conforming to international standards. The UN Human Rights Council called the attack outrageous and dispatched a fact-finding mission to investigate violations of international law. Unofficial responses included civilian demonstrations in
Kuala Lumpur,
Beirut,
Tripoli,
Sidon, Istanbul,
Athens and
Stockholm. British Prime Minister David Cameron described the Israeli offensive as "completely unacceptable". Several entertainers canceled appearances in Israel. Iran's
Red Crescent organised an aid shipment that was called off after being informed that Egypt would prevent it from passing through the
Suez Canal.
B. Lynn Pascoe, United Nations Under-Secretary-General for Political Affairs, cautioned "such convoys were not helpful in resolving Gaza's basic economic problems and needlessly carried the potential for escalation". "Our stated preference has been and remains that aid should be delivered by established routes", the United Nations spokesman said, prior to new Lebanese ships sailing to Gaza on 23 July 2010, "There are established routes for supplies to enter by land. That is the way aid should be delivered to the people of Gaza." Israel's United Nations Ambassador
Gabriela Shalev said in letter to Secretary-General
Ban Ki-moon about new Gaza-bound ships: "Israel reserves its right under international law to use all necessary means to prevent these ships from violating the ...
naval blockade". The
Gaddafi International Charity and Development Foundation, a Libyan charity organization headed by
Saif al-Islam Gaddafi, chartered the
MV Amalthea to deliver humanitarian aid to the Gaza Strip. The ship carried food, medical supplies from where the supplies were reportedly to be taken to Gaza by road. The humanitarian aid and supplies were donated by Greek companies and charities. The Turkish Grand National Assembly held a debate on whether to impose sanctions on Israel, and eventually came out with a statement criticizing the attack as illegal, demanding that Israel apologize, pay compensation, and prosecute those involved, and calling on the Turkish government to review ties with Israel and take "effective measures". The flotilla raid was among the issues discussed during a security meeting of Turkish military commanders chaired by Prime Minister Erdoğan. Throughout the following months, Israel–Turkey relations remained tense. Turkey demanded that Israel apologize, pay compensation to the deceased's families, and lift the Gaza blockade, and stated that it would be impossible to renew normal ties with Israel otherwise. The United States also pressed Israel to apologize. Israel rebuffed demands by both Turkey and the US. Shortly before the release of the UN Palmer report, Turkey gave Israel an ultimatum to either issue an apology for the raid, or face "Plan B", without elaborating what action in intended to take. After Israel refused to apologize, Turkey expelled Israel's ambassador and all diplomatic personnel above second-secretary level, and reduced its own diplomatic representation in Israel to second-secretary level. Prime Minister Erdoğan also announced that Turkish warships would escort future aid flotillas to Gaza, and that Turkey would stop Israel from "unilaterally exploiting" natural gas resources in the Eastern Mediterranean. In late 2011, a series of military confrontations were reported between Turkey and Israel. Turkey boosted its air and naval operations in the Mediterranean, and a Turkish warship sailed the approximate route that the flotilla took. Though it did not enter Israeli territorial waters, it sailed in ranges where warships typically update friendly nations of their presence to prevent misunderstandings. Israel then began closely monitoring Turkish naval activity. A Turkish media report said that two Israeli fighter jets and a helicopter circled over a Turkish exploration ship searching for gas reservoirs off the coast of
Cyprus, breaching Cypriot airspace, ignoring warnings from Turkish air controllers in
Northern Cyprus, and approaching the Turkish coastline in the process, and that they were only driven off when two Turkish fighter jets were scrambled to intercept them. The IDF denied the report. A Turkish Foreign Ministry official also told Arab ambassadors that on several occasions, Turkish fighter jets were scrambled and chased away Israeli fighter jets flying near the Syrian shore. Turkey changed its
IFF (Identification Friend or Foe) radar system into re-categorizing Israeli aircraft as hostile targets, which would allow Turkish planes to engage Israeli targets, as opposed to the old system, which identified Israeli planes as friendlies and would have prevented any Turkish plane from firing at them. Turkey said that its naval submarine radar system would be changed next. In 2012, ''
Today's Zaman'' reported that Israeli intelligence had wiretapped the radio conversations of
Turkish Air Force cadets training to fly fighter jets at the Konya 3rd Main Jet Command Base to gather intelligence on Turkish training programs and flight strategies. According to the report, Turkish intelligence discovered this, and the Turkish Air Force initiated a project to encrypt communications between fighter jets. Following a telephone apology from Netanyahu to Erdoğan on 22 March 2013, discussions commenced between Turkey and Israel in regard to compensation and diplomatic relations between the two countries. As of 27 March 2013, a media report anticipated a meeting that would be led by Turkish Foreign Ministry Undersecretary Feridun Sinirlioglu and Israel's Ciechanover On 17 June, Israeli Prime Minister's Office announced a decision to relax the blockade. This announcement received a cool response from the international community. Three days later, Israel's Security Cabinet approved a new system governing the blockade that would allow practically all non-military or dual-use items to enter the Gaza strip. Israel stated it would expand the transfer of construction materials designated for projects that have been approved by the Palestinian Authority as well as projects that are under international supervision. Despite the easing of the land blockade, Israel announced that it would continue to inspect at the port of
Ashdod all goods bound for Gaza by sea. Internationally, this decision received mixed reactions.
Investigations Turkey's foreign minister, Ahmet Davutoglu, reiterated his demands for a United Nations investigation. He said: "We have no trust at all that Israel, a country that has carried out such an attack on a civilian convoy in international waters, will conduct an impartial investigation. To have a defendant acting simultaneously as both prosecutor and judge is not compatible with any principle of law." Prime Minister Benjamin Netanyahu hoped the Israeli-led process would put an end to efforts in the United Nations to set up an international inquiry, which many Israelis fear would be biased. In Israel and around the world, some said the committee lacked sufficient credibility and investigative powers. White House backed Israeli internal inquiry into Gaza flotilla deaths and said that the Israeli inquiry meets the standard of "prompt, impartial, credible and transparent investigation". U.K. Foreign Secretary William Hague, speaking in Luxembourg, stressed the need for "a truly independent inquiry and a thorough investigation that the international community can respect". Israeli Intelligence and Atomic Energy Minister
Dan Meridor told Turkish media that there "will be international elements in the commission which is going to be formed". The Israeli government said it would accept a limited role by non-Israelis in the investigation of the raid, but rejected an independent international inquiry, and said the country is able to conduct a credible review on its own. An internal Israeli police investigation was halted by Israeli
Attorney General Yehuda Weinstein.
The Israeli Inquiry Following the raid, Israel's government set up the Turkel Commission, a commission of inquiry headed by Israeli Supreme Court Justice
Jacob Turkel, to investigate the raid. It was chaired by Justice Turkel, and had four members:
Shabtai Rosenne, Professor of International Law at
Bar-Ilan University,
Amos Horev, a retired Israeli Major-General and President of the
Technion Institute of Technology, Miguel Deutch, Professor of Law at
Tel Aviv University, and Reuven Merhav, former Director-General of the Foreign Ministry. Rosenne died at age 93 during the commission's work, and was not replaced. The commission had two non-voting foreign observers: Former
First Minister of Northern Ireland and
Nobel Peace Prize laureate
David Trimble, and former
Judge Advocate General of the
Canadian Forces Ken Watkin, both of whom were friendly to Israel according to the BBC and Der Spiegel. The committee also contracted the services of two foreign international law experts: Professors Wolff Heintschel von Heinegg and
Michael Schmitt. The inquiry was charged with investigating the legality of the Gaza blockade, the legality of the Israeli Navy's actions during the raid, and determining whether investigations of claims of war crimes and breaches of international law conformed to Western standards. The committee was also charged with investigating the Turkish position, and the actions taken by flotilla participants, especially the IHH, and examining the identities and intentions of the flotilla's participants. During the investigation, the committee heard the testimonies of two flotilla passengers and two Israeli human rights activists. The committee requested the assistance of the Turkish Embassy in Israel in finding the Captain of the
Mavi Marmara so he could be invited to testify. The request was denied, with the response being that the committee could look at the testimony of the Captain contained in the Turkish report. The committee also issued an open invitation to all passengers and crew to testify, and requested assistance from the Turkish Embassy in Israel in building a list of prospective witnesses, but received no immediate reply. The committee also heard the testimonies of three politicians including the Prime Minister, three IDF officials (one testified twice), two government bureaucrats, and a Prison official. The 300-page Turkel Commission report found the actions of the Israeli Navy in the raid and Israel's naval blockade of Gaza were both legal under international law,
The Turkish Inquiry Turkey also established an inquiry into the events, which found, in contrast to the Israeli inquiry, the blockade and the Israeli raid to have been illegal. After the Turkish inquiry, Turkey described the raid as a violation of international law, "tantamount to banditry and piracy", and described the killings of activists as "
state-sponsored terrorism".
UNHRC fact-finding mission On 23 July 2010 the
United Nations Human Rights Council launched an independent fact-finding mission to investigate violations of international law that may have occurred during the flotilla raid. Israel refused to allow the panel to interview Israeli witnesses and accused the UNHRC of a history of anti-Israel bias. The report also stated that it found no medical evidence of IDF commandos being shot. On 29 September 2010 the UN Human Rights Council voted to endorse the report, with 30 of the 47 countries voting in favor, the United States voting against, and 15 countries, including EU members, abstaining. The four-member panel also included
Álvaro Uribe, outgoing Colombian president, as vice chair, and one representative each from Israel and Turkey. The panel started its work on 10 August 2010. The terms of reference for the 'method of work' of the inquiry were given by Ban Ki Moon they are outlined in the report as follows: "The Panel is not a court. It was not asked to make determinations of the legal issues or to adjudicate on liability ... The Panel was required to obtain its information from the two nations primarily involved in its inquiry, Turkey and Israel, and other affected States ... the limitation is important. It means that the Panel cannot make definitive findings either of fact or law. The information for the Panel's work came primarily through its interactions with the Points of Contact designated by Israel and Turkey." In a statement, Israel's prime minister, Benjamin Netanyahu, said the country had nothing to hide and that it was in its interest that the truth of the events come to light throughout the world. The report was published on 2 September 2011 after being delayed, reportedly to allow Israel and Turkey to continue reconciliation talks. The commission determined Israel's naval
blockade of the Gaza Strip to be legal, but stated that the "decision to board the vessels with such substantial force at a great distance from the blockade zone and with no final warning immediately prior to the boarding was excessive and unreasonable". The commission questioned the motivations of the Flotilla, stating, "There exist serious questions about the conduct, true nature and objectives of the flotilla organizers, particularly IHH." The commission recognized that the IDF were met with "organized and violent resistance from a group of passengers" upon boarding the vessel and therefore force was necessary for purposes of self-defense, but said, "the loss of life and injuries resulting from the use of force by Israeli forces during the take-over of the
Mavi Marmara was unacceptable." Of those killed, the report noted, "no evidence has been provided to establish that any of the deceased were armed with lethal weapons". It further noted, "at least one of those killed, Furkan Dogan, was shot at extremely close range. Mr. Dogan sustained wounds to the face, back of the skull, back and left leg. That suggests he may already have been lying wounded when the fatal shot was delivered, as suggested by witness accounts to that effect." The lack of satisfactory explanation was pointed out: Forensic evidence showing that most of the deceased were shot multiple times, including in the back, or at close range has not been adequately accounted for in the material presented by Israel. In regards to the Gaza blockade, the commission writes: Israel faces a real threat to its security from militant groups in Gaza ... The naval blockade was imposed as a legitimate security measure in order to prevent weapons from entering Gaza by sea and its implementation complied with the requirements of international law. Israel's ambassador to the U.S.,
Michael Oren, said "We think it was a fair and balanced report", and that Israel would not apologize to Turkey. The Israeli Prime Minister's Office stated that Israel has adopted the report, except for its conclusions regarding the use of force in the flotilla raid. Turkey criticized the report for accepting Israel's naval blockade as legal, and Turkey's president
Abdullah Gul said his country considered the report "null and void". Turkish Foreign Minister
Ahmed Davutoglu said the UN had not endorsed the Palmer report and that Turkey was going to challenge the legality of the blockade in the
International Court of Justice.
ICC probe In 2013,
Fatou Bensouda, the Chief Prosecutor of the
International Criminal Court, opened a preliminary examination into the incident after the government of
Comoros, under whose flag the Mavi Marmara was sailing, filed a complaint over the incident. In November 2014, Bensouda decided not to pursue the case, declaring that while it was possible that war crimes were committed, the possible crimes were not grave enough to fall within the scope of the court. The government of Comoros appealed the decision, and in June 2015, three judges of a Pre-Trial Chamber of the ICC ruled that the prosecutor made material errors in her assessment of the incident's gravity and requested that the investigation be reopened in a 2–1 majority. Bensouda appealed the decision in July 2015, citing the opinion of the dissenting judge and errors made by the majority, claiming that the Pre-Trial Chamber had exceeded its mandate by applying a strict and mistaken standard to review the decision, and that the interpretation of the legal standard required of her was faulty. Five judges of the ICC Appeals Chamber dismissed her appeal and ordered her to reexamine the case in a 3–2 majority ruling. Bensouda subsequently reopened a probe into the incident, and her office received over 5,000 pages of additional evidence, including testimonies from more than 300
Mavi Marmara passengers and Turkish autopsy reports, as well as arguments in defense of the action from Israeli Attorney General
Avichai Mandelblit and his Senior Adviser Gil Limon. In November 2017, after examining the case for two years, Bensouda reaffirmed her previous conclusion and announced that there was no basis for prosecution due to the fact that any possible crimes committed were not on a large scale or as part of a plan or policy, and thus fell outside of the court's mandate, criticizing the judges' analysis on how to examine the gravity of the Israeli soldiers' conduct, and for disregarding the fact that the soldiers had encountered violent resistance. Bensouda also noted that many of the witnesses who provided testimony had apparently received help in wording their testimonies, and rejected some other testimonies on the basis of the witness' involvement in violent activities, and others on the basis that testimony was provided on things the witness could not possibly have seen. In November 2018, the ICC Pre-Trial Chamber asked her to reconsider the case for a third time, and the ICC Appeals Chamber ordered her to do so in September 2019. In December 2019, Bensouda again concluded that the incident was not of sufficient gravity for ICC involvement.
Turkish criminal investigation Turkey's
Istanbul Bakırköy prosecutor's office, assisted by the
Ankara prosecutor's office, opened a criminal investigation. Possible charges, against Benjamin Netanyahu, Defense Minister
Ehud Barak and Chief of Staff
Gabi Ashkenazi, would include murder, injury, attacking Turkish citizens, and piracy. In May 2011, Istanbul state prosecutor Mehmet Akif Ekinci wrote to the
Israeli Justice Ministry, demanding that it disclose the names and addresses of the soldiers who took part in the raid. The demand was reportedly based on the testimonies of over 500 activists aboard the
Mavi Marmara. There was no response to the request. In September 2011, IHH-affiliated lawyer Ramzan Turk claimed the organization had given Istanbul's chief prosecutor the names of 10 Israeli soldiers involved in the raid. Turk claimed that the names were given to the IHH by IDF soldiers who did not take part in the raid and "regretted the incident". The prosecutor reportedly also approached Turkish intelligence, seeking a list of Israelis involved in the operation. On 26 September, the
MIT, Turkey's national intelligence agency, submitted to the state prosecution a list of 174 Israelis it claimed were involved in the raid. Benjamin Netanyahu topped the list as the "primary responsible party". The list also included all of Israel's cabinet ministers, a variety of high and low-ranking officers, and the photographs of 10 soldiers who could not be identified by name. ''
Today's Zaman'' reported that the MIT had operated agents inside Israel to confirm the soldiers' identities, a claim denied by the Turkish government. According to a report in
Sabah, photographs and information from various media sources helped in the identification of the soldiers, and Turkish intelligence agents apparently tracked down the soldiers on Facebook and Twitter. However, a
Ynet report later revealed that the soldiers listed as having taken part in the raid had already completed their military service by the time of the raid, and that the names included those of a
Golani Brigade maintenance officer, a
Paratroopers Brigade company commander, and an
Artillery Corps battery commander. The IDF Spokesperson's Office stated that the names were "recycled" from previous lists that were published on anti-Israel websites during the
Gaza War. Military officials claimed that the list was created for
psychological warfare purposes. On 9 May 2012, the Turkish Justice Ministry announced that the State Prosecutor's Office had completed its probe into the raid. Justice Minister
Sadullah Ergin said that the Israeli Foreign Ministry had been approached with a request for the names of IDF soldiers who took part, and said that the soldiers would be indicted in Turkish courts when Israel complied. Israel did not grant the request. On 23 May, Istanbul state prosecutor Mehmet Akif Ekinci prepared indictments carrying life sentences for four Israeli commanders involved in the raid: Chief of Staff
Gabi Ashkenazi, Navy commander
Eli Marom, Air Force intelligence chief Avishai Levy, and military intelligence chief
Amos Yadlin, charging each of them with first-degree murder, assault, and torture. The indictment called for 10 life sentences to be imposed on each of them: nine for every activist killed, and one for a wounded activist still in a coma. On 28 May, they were indicted by an Istanbul court after a panel of judges voted unanimously. In the 144-page indictment, they were accused of inciting murder and injury. The case was dropped in 2016 after an Israeli-Turkish rapprochement.
The Lindenstrauss Report In June 2012,
Israeli State Comptroller Micha Lindenstrauss released a report on the decision-making process leading to the flotilla raid. It found major fault with Prime Minister Benjamin Netanyahu's decision-making process over the events, stating that he failed to organize an orderly and coordinated discussion with other Israeli leaders, instead consulting Defense Minister
Ehud Barak and Foreign Minister
Avigdor Lieberman in undocumented meetings. Netanyahu was also criticized for his failure to call a cabinet meeting to discuss the matter, despite the requests of Defense Minister Ehud Barak, IDF Chief of Staff
Gabi Ashkenazi, and Strategic Affairs Minister
Moshe Ya'alon. He instead consulted the forum of seven, a group of seven cabinet ministers with no constitutional basis, once before leaving to visit North America. The meeting took place five days before the raid, and relevant officials, including the Justice and Internal Security Ministers, were not invited, and the discussion was not in line with national security-related decision-making protocols. The report also found fault with Netanyahu failing to hold a discussion with the defense and foreign ministers to start a dialogue that could result in a diplomatic and political effort to prevent the flotilla from leaving or prevent it from getting as far as it did. The report found fault with Netanyahu's failure to allow the
National Security Council to deal with the matter. The NSC held its first meeting on 12 May, and its requests to be involved in discussions on the strategy used to deal with the raid were denied. The report claimed that this conduct was illegal and damaging to the NSC's ability to aid leaders in making decisions. Israeli public radio reported that authorities had banned the media from providing any information about the dead and wounded, and who was taken to hospital in Israel. The censorship order was later lifted. A spokesman for the
U.S. State Department said, "We will look into the circumstances of the death of an American citizen, as we would do anywhere in the world at all times", noting that the
FBI could get involved, "working with the host government", "if we think a crime has been committed". In addition to governmental investigation, relatives of the Turkish citizens killed in the raid had conducted an unceasing campaign to find Israeli officials guilty of these fatalities. Even following the Israeli official apology and Turkish agreement to refrain from legal action against Israeli officials, the families of IHH activists kept pursuing their case and even managed to get the support of the government of the Comoros in referring the case to the ICC. In 2015, an arrest warrant was issued in
Spain for Israeli Prime Minister Benjamin Netanyahu, former
Defense Minister Ehud Barak, former IDF Chief of Staff
Moshe Ya'alon, former
Interior Minister Eli Yishai,
Minister without Portfolio Benny Begin and
Vice Admiral Eli Marom. The warrant was issued by federal judge José de la Mata of the
National Court. The police and
Civil Guard were ordered to inform the court if any of the indicted entered Spain. In accordance to a
Spanish Supreme Court decision, legal procedures shall only be initiated when one of the seven indicted set foot in Spanish soil. Judge de la Mata noted that all signatory states to the
Fourth Geneva Convention have a duty to seek any accused of serious infractions to the convention, "as in the present case". Foreign Ministry spokesperson Emmanuel Nachshon said the judge's order is considered "a provocation", and that Israel is working with the Spanish authorities to get it canceled, hoping "it will be over soon."
2016 dismissing of the case In December 2016, Turkish courts finally dismissed the cases brought before them, under extraordinary security measures due to the "angry and disappointed
Islamists" involved. A fact-finding mission of the UNHRC claimed that Israel had broken international law.
Richard Falk, professor emeritus of international law at
Princeton University said that the "ships that were situated in the high seas where freedom of navigation exists, according to the
law of the seas". Anthony D'Amato, a professor of international law at
Northwestern University School of Law, said the raid was illegal and that a legitimate blockade would have required a state of war between Israel and
Hamas, which he said was not the case. In September 2011, a
United Nations report concluded that the Israeli naval blockade was legal, but that the Israeli action was "excessive". The finding declaring the naval blockade legal was rejected by a
UNHRC panel of five independent human rights experts, stating that it amounted to collective punishment and was unlawful. Dershowitz and Posner also defended the specific use of force as legal. In November 2014,
Fatou Bensouda, Prosecutor for the
International Criminal Court (ICC), stated that there "is a reasonable basis to believe that war crimes under the jurisdiction of the International Criminal Court were committed on one of the vessels, the Mavi Marmara, when Israeli Defence Forces intercepted the 'Gaza Freedom Flotilla' on 31 May 2010". However, she declined to further pursue the case as it "would not be of sufficient gravity to justify further action by the ICC." Representatives of the Comoros, on whose behalf the case was referred to the ICC, appealed the prosecutor's decision, and in July 2015 a pre-trial chamber ruled that Bensouda had made errors in her decision to dismiss the case. Bensouda appealed, but in November 2015 the appeals chamber of the International Criminal Court upheld the decision of the pre-trial chamber. Bensouda then launched another preliminary investigation, reviewing more than 5,000 pages of documents and more than 300 statements from passengers. In November 2017, she reaffirmed her previous decision not to investigate, concluding that while war crimes may have been committed on the Mavi Marmara ship and her conclusion does not excuse any crimes which may have been perpetrated, the incident was not serious enough to merit ICC involvement. ==Documentary==