September 2nd, 10:30am, is the date when the Appeals Chamber of the International Criminal Court in The Hague will deliver it’s judgement of the Prosecutor’s appeal. The Prosecutor’s appeal was against the decision of the Pre-Trial Chamber I on the “Application for Judicial Review by the Government of the Union of Comoros” from the 15th of November, 2018. The delivery will be made in an open court with Judge Solomy Balungi Bossa as the presiding judge, according to a media advisory from the ICC. 

Timeline:

14 May 2013: Authorities from the Union of Comoros filed a referral to the Prosecutor’s office, regarding an attack by the Israeli Defence Forces on the Humanitarian Aid Flotilla bound for the Gaza Strip. The attack took place on May 31st, 2010.

6 November 2014: Prosecutor’s office announced closing of the examination due to the possible ensuing case(s) lacking “sufficient gravity” to justify further action.

16 July 2015: Pre-Trial Chamber I of ICC granted the request of Comoros and urged the Prosecutor to reconsider her decision.

29 November 2017: Prosecutor reaffirmed her initial decision to close the preliminary examination.

15 November 2018: Pre-Trial Chamber I granted the Union of Comoros’s further application for judicial review and ordered the Prosecutor to reconsider its November 6th 2014 decision.

After these four years of back and forth, the Prosecutor appealed this decision. On September 2nd of this year, we will hear how the Appeals Chamber decides on the Prosecutor’s appeal of the application for judicial review from the Union of Comoros.