Israel Gaza
Pro-Palestinian demonstrators wave Turkish and Palestinian flags as they await the return of the expelled activists from Israel to Turkey, in downtown Istanbul late June 2, 2010.Reuters

The International Criminal Court (ICC) prosecutor has said that Israeli forces may have committed war crimes in the storming of an aid boat heading for the Gaza Strip in 2010 but they would not be enough for prosecution.

Fatou Bensouda said in a statement that any criminal cases from the stoming of the vessel "would not be of sufficient gravity to justify further action by the ICC."

In the storming of the Mavi Marmara ship, eight Turkish citizens and one Turkish-American were killed by Israeli commandos on 31 May 2010.

The decision to not investigate possible crimes is due to the fact that the ICC has no jurisdiction over crimes committed in Turkey or Israel as neither country is a party to the court.

However, the vessel itself was registered to the tiny Comoros Islands who referred the raid to the court, forcing a preliminary examination into the incident.

Lawyers representing the Comoros government said that they would apply for a review of the decision not to proceed with the investigation.

"The Prosecutor's decision marks the first time a State referral by an ICC States Party has ever been rejected by ... Prosecutor without even initiating an investigation," said lawyers Rodney Dixon and Geoffrey Nice in a statement.

"It confirms the view expressed by politicians, civil society organizations, NGOs and commentators from many quarters that Israel has a 'special status,'" they added.

The Comoros government has faced criticism for being represented by a Turkish law firm, Elmadag, and has been accused of putting the case to the ICC on behalf of Turkey.