"[T]he 2-to-1 decision by a 'pre-trial chamber' to overturn the decision of International Criminal Court Prosecutor Fatou Bensouda not to proceed against Israel in the Mavi Marmara case ... was the first time such a decision of the ICC Prosecutor had been overturned...
[T]he chamber didn't force Bensouda to prosecute–just to look at the case again. So she did... Having looked again at the facts and circumstances, she has stuck with her decision. In a very quick reply to the judges, she told them that their decision failed to consider 'the unique context of violent resistance aboard the Mavi Marmara.' She's absolutely right.
And she has done the ICC a great favor... [T]here has always been political pressure on the ICC to become–like the U.N. Human Rights Council–an Israel-bashing enterprise. That would destroy whatever chance the tribunal has of gaining legitimacy. The first ICC Prosecutor, Luis Moreno Ocampo of Argentina, avoided that trap, and now Bensouda is doing the same. She has saved the ICC from driving into a dead end where only politics and bias could be found."