How Türkiye joins genocide case against Israel at ICJ

Türkiye has announced that it will join the ongoing genocide case against Israel at the International Court of Justice (ICJ) in The Hague.

“We will submit our prepared file to join the genocide case against Israel at the International Court of Justice at The Hague on Wednesday," the country's Foreign Minister Hakan Fidan said on Monday at a news conference alongside his Egyptian counterpart in Cairo.

Here are the legal basis, proceedings, and more details about the process:

Basis for Türkiye's joining the case

According to Turkish diplomatic sources, Türkiye's application for joining the genocide case, which initiated by South Africa, is based on Article 63 of the ICJ Statute, which states:

"When the construction of a convention to which states other than those concerned in the case are parties is in question, the Registrar shall notify all such states forthwith."

Given that the case involves the interpretation of the Genocide Convention, to which Türkiye is a party, Ankara asserts its right to submit a declaration of joining the case.

Legal process

According to ICJ Rules, the court will notify the parties involved in the case—South Africa and Israel—of Türkiye's declaration of involvement and request their written observations. The ICJ will then decide on the admissibility of Türkiye's involvement, potentially organising oral hearings if necessary.

Both parties to the case have the right to submit their written observations regarding Türkiye's joining. Türkiye reserves the right to respond to these observations in writing.

Other countries seeking to join

Several other countries, including Nicaragua, Colombia, Libya, Mexico, Palestine, and Spain, have also applied to join the case. The ICJ has yet to make a decision on these applications.

Previous cases

The mechanism for intervention under Article 63 has been invoked in other cases before the ICJ.

For instance, in the case between Ukraine and the Russian Federation, the ICJ found 32 declarations of intervention admissible. Similarly, in the case between The Gambia and Myanmar, the Court accepted the intervention of seven countries.

Timeline for the case

The proceedings at the ICJ began with South Africa's application on December 29, 2023.

The ICJ has set October 28, 2024, as the deadline for South Africa to submit its memorial, and July 28, 2025, for Israel to submit its counter-memorial.

Given the ICJ's past case timelines, the entire process is expected to take four to five years.

Uncertain Conclusion Date

The exact date when the ICJ will conclude the case remains uncertain.

The duration will depend on various procedural factors and the complexity of the legal issues involved.