Standing up against genocide: Türkiye joining ICJ case vs Israel

Türkiye's decision to intervene in the genocide case filed by South Africa against Israel at the International Court of Justice (ICJ) marks a significant development in the legal battle over the ongoing atrocities.

Article 63 of the ICJ Statute grants Türkiye the right to intervene in the case, allowing it to present its perspective on the matter.

The case itself revolves around accusations of genocide committed by Israel, particularly concerning its actions in Gaza since October 7, 2023. The ICJ has already issued orders to Tel Aviv, demanding that Israeli forces refrain from committing acts of genocide and take steps to ensure humanitarian aid reaches civilians in Gaza.

Türkiye’s Foreign Minister Hakan Fidan's announcement of Ankara’s intervention underscores the country's commitment to justice and its stance against genocide.

The move also aligns with Türkiye's broader foreign policy objectives, particularly regarding its position in the Middle East and its support for Palestinian rights.

The intervention of Türkiye in this case adds a new dimension to the legal proceedings, potentially influencing the outcome and highlighting the complex geopolitical dynamics at play in the region. As the case unfolds, the world will be watching closely to see how Türkiye's intervention shapes the course of justice and the future of the Israeli-Palestinian conflict.

“We will persist with determination to ensure that Israel, already convicted in the conscience of humanity, faces legal consequences for its actions. For 75 years, Israel's apartheid, 56 years of occupation, and 16 years of blockade policies against Palestine have aimed at colonising and annexing Palestinian lands, creating a regime that allows illegal settlers to violate the fundamental rights of the Palestinian people” says Professor Cuneyt Yuksel, Chairman of the Justice Commission of the Turkish Grand National Assembly.

“Israel, through its attacks on Gazans and the rhetoric of Israeli leaders, encouraging the mass extermination of Gazans, has revealed its genocidal intent and violated the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. International law must be applied and upheld equally to all persons in all circumstances, with no exceptions or exceptionalism permitted,” he says.

“We hope that the International Court of Justice will also act in line with this principle, and we express once again that we, as Türkiye, will provide all the support we can to this process before the Court.”

New period in the case

If Türkiye's application is approved, it will become the first country among members of the Organisation of Islamic Cooperation (OIC) to intervene in this case.

“Our expectation from the ICJ is that the genocide, crimes against humanity and war crimes committed by Israel, should be revealed and announced to the public immediately. The Court's final decision on the merits, and that the trial process on the merits, should be initiated as soon as possible, taking into account the extraordinary circumstances in the region,” Yuksel says.

The move also underscores Türkiye's commitment to justice and its proactive stance on issues related to human rights and international law. Türkiye's intervention would provide valuable perspectives on how this convention should be interpreted in the context of the allegations against Israel.

“Türkiye aims to strengthen South Africa’s case with this step. Nicaragua and Colombia have previously tried to intervene in the same case with separate applications, but the court is yet to make a judgement on their request. The benefit of the intervention of Türkiye and other nations in the South African case is that it can provide more updated evidence of violations by Israel of the Genocide Convention,” says French-American lawyer Frank Romano.

“It can also request a separate hearing before the ICJ judges, so that they can, in viewing more evidence of Israeli violations, be inclined to order more provisional measures, such as ordering a ceasefire and/or ordering Israel to give an accounting every week that complies with the ICJ orders. It can inspire other members, such as members of the Organisation of Islamic Countries, to join the South Africa case. That would enhance the South African case.” adds Romano.