Palestinians hold flags as they ride a boat during a rally marking the fifth anniversary of the “Mavi Marmara” Gaza flotilla, at the seaport of Gaza City on May 31, 2015. Photo: Aaed Tayeh/Flash90.

JNS.org – International Criminal Court (ICC) appeals judges on Monday ordered the prosecutor to reconsider her refusal to open an investigation into the 2010 storming of the Mavi Marmara ship, the AP reported.

Israeli forces stormed the ship, formerly owned and operated by İDO Istanbul Fast Ferries Co. Inc., when it refused to stop and respect its blockade.

Militants on board attacked Israeli soldiers, leading to the deaths of nine of them (one more died later of his wounds). Several dozen militants were claimed to be injured, some seriously, and the Israel Defense Forces reported that 10 of its soldiers were injured, one seriously.

Judge Solomy Bossa ordered prosecutor Fatou Bensouda to decide by Dec. 2 whether or not to open a probe.

The judges decided the matter in a 3-2 ruling on appeal and criticized Bensouda for rejecting the call by the lower panel of judges to reconsider, according to the report.

Israel is not a member of the ICC, but its citizens could be charged in any case.