Türkiye files bid to join ICJ genocide case against Israel
Flags at half-mast following the death of Palestinian ex-prime minister and Hamas leader Ismail Haniyeh, at the Turkish Embassy in The Hague, the Netherlands, Aug. 2, 2024. (EPA Photo)

A Turkish delegation formally filed the ‘most comprehensive bid so far’ with the World Court to join South Africa’s genocide lawsuit against Israel, aiming to strengthen the case and encourage regional nations to follow suit



A legal delegation submitted on Wednesday Türkiye’s declaration of intervention in South Africa’s genocide case against Israel at the International Court of Justice (ICJ) in The Hague.

The 43-page declaration was delivered by a group headed by Cüneyt Yüksel, a lawmaker of the Justice and Development Party (AK Party) and head of the Turkish Parliament’s legal committee.

"Türkiye will always defend the rights of Palestinians," Yüksel told reporters outside the court.

"Israel has so far gotten away with its actions (in Gaza) but Türkiye will ensure this case proceeds in the best way possible by standing with the righteous and the wronged."

Yüksel noted that the fact that Israel targets civilians, blocks delivery of aid through border closures, destroys the health care system in Gaza and spreads dehumanizing rhetoric about Palestinians, all prove that it is committing genocide. He highlighted that with the submission of its bid to join the ICJ genocide case against Israel, Türkiye announced to the world that it sides with international law and human rights, is against genocide, and is on the side of the Palestinian people

In a statement posted on X, Foreign Minister Hakan Fidan said Türkiye submitted its declaration to the World Court.

He noted that Israel kills more Palestinians every day, mostly encouraged by the fact that its crimes are going unpunished.

"The international community must do its part to stop the genocide; put necessary pressure on Israel and its supporters," Fidan said, adding that Türkiye would push forward in this regard.

Türkiye, one of the fiercest critics of Israel’s actions in Gaza, became the latest nation to seek to participate in the case after Palestine, Nicaragua, Spain and others.

In May, Türkiye said it had decided to join the case launched by South Africa as it stepped up measures against Israel over the assault on Gaza, adding that its bid would follow the necessary legal preparations.

President Recep Tayyip Erdoğan has frequently compared Israeli Prime Minister Benjamin Netanyahu to Adolf Hitler, accused his country of genocide, called for it to be punished in international courts and criticized Western nations for backing Israel.

Also in May, Türkiye suspended trade with Israel, citing its assault on Gaza. In contrast to Western nations that have designated Hamas as a terrorist organization, Erdogan has commended the group, calling it a liberation movement.

South Africa brought a case to the International Court of Justice late last year, accusing Israel of violating the genocide convention through its military operations in Gaza. In that case, the court called on Israel to do everything in its power to prevent genocide and recently ordered the country to "ensure urgent humanitarian assistance" in Gaza without delay.

The ICJ in May then ordered Israel to halt its Rafah offensive and demanded the release of hostages and the "unhindered provision" of humanitarian aid to Gaza.

The Hague-based ICJ, whose orders are legally binding but lack direct enforcement mechanisms, also instructed Israel to keep open the Rafah crossing between Egypt and Gaza after Israel seized the Palestinian side in May, effectively shutting it.

Israel has repeatedly dismissed the rulings, insisting that the court had gotten it wrong and arguing in court that its operations in Gaza, which killed at least 39,000 Palestinians, are self-defense and targeted at Hamas, who attacked Israel on Oct. 7.

Nicaragua, Colombia, Libya, Mexico, Spain and Palestinian officials have sought to join the case. The court’s decision on their requests is still pending.

If admitted to the case, the countries could make written submissions and speak at public hearings.

Preliminary hearings have already been held in the genocide case against Israel, but the court is expected to take years to reach a final decision.

Türkiye and Israel have experienced a volatile relationship since Erdoğan took power in 2003, marked by periods of severe friction and reconciliation. The war in Gaza disrupted the most recent attempts at normalizing ties.

‘Most comprehensive bid’

Türkiye’s document details Israel’s attacks on the Gaza Strip, which surpass genocide and violate international law and all humanitarian rules, and cites Türkiye’s justifications for joining the case, Yüksel said Tuesday.

"The most important feature of Türkiye’s presentation is it complies with ICJ precedents and the court’s advisory ruling regarding the occupation," Yüksel noted.

The ICJ, the highest legal body of the United Nations set up in 1945 to deal with disputes between states, in a landmark ruling on July 19, said that Israel’s occupation of Palestinian territories is against international law.

"This compliance ensures the latest international law standards and perspectives are integrated into the court’s deliberations. Türkiye is therefore strengthening its legal arguments and submitting the most comprehensive application to the court so far," Yüksel added.

Articles 62 and 63 of the Statute of the ICJ provide the necessary ground for Türkiye to intervene in the genocide case against Israel. Participation through Article 62 is contingent on the court’s permission, wherein states are expected to prove any legal interest that the case’s outcome would particularly affect them.

Türkiye’s application is made under Article 63 of the Statute, which allows for a general declaration regarding the interpretation of the disputed treaty.

"Our declaration defines the obligations in articles 1, 2, and 3 of the genocide convention in addition to many other articles," Yüksel said.

It has the potential to influence the course of the case from several aspects since Türkiye will be involved in the entire judicial process and will make a statement before the court regarding Israel’s genocide.

The declaration is expected to be disclosed before the weekend.

Israel, as the defendant, could present a counter document objecting to Türkiye’s intervention. Türkiye reserves the right to submit counter-observations in written form.