The decision to officially intervene in South Africa’s genocide case at the International Court of Justice (ICJ) will openly reaffirm Türkiye’s political position against Israel, according to an expert of international law.
“The case itself proves Israel is committing genocide in the Gaza Strip and that Türkiye believes there is abundant evidence backing that point,” argued professor Yücel Acer, an author, member of the Foundation for Political, Economic and Social Research (SETA) and scholar at the Yıldırım Beyazıt University in Ankara.
Türkiye earlier this month announced it was preparing to submit its declaration of official intervention in the genocide case, becoming the first Muslim state and third nation after Nicaragua and Colombia to take legal action against Israel over its offensive in the Gaza Strip that has killed at least 35,000 Palestinians, injured nearly 80,000 and forcibly displaced more than 2 million people.
Ankara has harshly denounced Israel’s attacks and blockade on Gaza, halted all trade with Tel Aviv, called for an immediate cease-fire and criticized what it calls unconditional support for Israel by the West.
"We condemned civilians being killed on Oct. 7," Foreign Minister Hakan Fidan said this week. "But Israel systematically killing thousands of innocent Palestinians and rendering a whole residential area uninhabitable is a crime against humanity, attempted genocide and the manifestation of genocide.”
In its interim ruling issued in January, the ICJ found it “plausible” that Israel was committing genocide in Gaza, ordering it to stop such acts and take measures to guarantee aid flow to civilians, but Israel has steadily ignored the World Court.
As the United Nations increasingly warns of the “catastrophic humanitarian consequences” of Israel’s military campaign, which has since expanded into southern Gaza’s Rafah region where 1.4 million Palestinians have been taking refuge, Ankara has been urging Muslim nations and the international community to take urgent action to stop Israel and hold it to account.
There are two benefits to Ankara stepping up its measures with this move, Acer told Daily Sabah.
“For one thing, it will give Türkiye the key opportunity to have immediate access to information regarding the trial, processed evidence, documents and the direction."
“Second, since it’s joining as a plaintiff, Türkiye can present supporting evidence, information and oral accounts at a trial, which would constitute a significant contribution to South Africa’s case against Israel,” he said.
The most important factor in this case’s success is evidence documenting whether genocide has been committed or not in the field, which is currently under Israel’s strict control.
“It’s critical to prove what Israel is doing in Gaza, how many people are being killed, where or how they are killed, and in a timely manner, too,” Acer explained, considering claims coming out of Gaza like mass graves and hospital raids.
“Therefore, backing evidence from countries like Türkiye, which can obtain information and documents from the region, would certainly strengthen the case.”
In a separate case at the International Criminal Court (ICC) investigating Palestinian resistance group Hamas’ Oct. 7 cross-border attack and Israel’s devastating military assault on Gaza, Turkish legal experts submitted a swathe of evidence obtained on-site from Gaza, including notarized testimonies from the injured civilians living there interviewed by phone and information from journalists who currently serve in the enclave and witness Israeli attacks firsthand.
The file of evidence could benefit the ICJ case, as well.
“Should the world court rule that the genocide convention has indeed been breached in Gaza, this alone would be huge because it would label Israel as a state committing genocide,” Acer stressed.
South Africa as the chief plaintiff hasn’t demanded reparations, the biggest sanction that can be asked of the court in this case, but it can be added, Acer said. “At any rate, what matters here is whether Israel is described as a genocidal state.”
He also argued there is a high chance other nations will follow suit, citing Fidan’s remarks that indicate Ankara has investigated the possibility of such intentions from other states while making its move.
Just this week, Egypt announced it would join South Africa’s genocide case in what analysts have called an unprecedented move for Israel’s southern neighbor and key player in truce talks.
But Acer believes there is also the possibility others could intervene in the case in support of Israel.
“While the number could vary in favor of South Africa against Israel, Israel could have strong nations by its side, too, Germany, for instance, which would be a boost of morale for them.”
He, however, ruled out the possibility that the case would cause a legal polarization, noting that Israel’s main ally, the U.S., would not be involved in the case “since it has distanced itself from the genocide convention.”
