Turkiye Joins Genocide Lawsuit Against ‘Israel’ at the ICJ: Background and Implications

In a significant diplomatic and legal development, Minister of Foreign Affairs of Turkiye Hakan Fidan announced in early May 2024 that Turkiye would join South Africa's genocide lawsuit against “Israel” at the International Court of Justice (ICJ).

This announcement has raised questions about Turkiye's ability to join such a lawsuit and the ICJ's system permission. It also has implications for the ongoing Israeli aggression on Gaza since October 7, 2024, amidst Western complicity led by the U.S.

What Happened?

In a press conference with his Indonesian counterpart Retno Marsudi in Ankara, Hakan Fidan stated that "Israel continues its crimes against the Palestinian people, and the international community must stop these crimes."

He noted that during his recent discussions in Riyadh with countries recognizing Palestine — particularly within the Organization of Islamic Cooperation and the Arab League — some expressed readiness to take a stand on the genocide lawsuit against “Israel” at the ICJ. Nicaragua and Colombia have also shown concrete positions on the matter.

"Today, we presented our assessments to President Recep Tayyip Erdogan, and I would like to announce for the first time that, following a political decision, Turkiye has decided to join South Africa's lawsuit against Israel at the ICJ on charges of committing genocide,” Hakan Fidan added.

"While mass graves appear in areas vacated by the Israeli army in Gaza and civilians, including women, children, the sick, and the elderly are targeted, what more is the international community waiting for?"

He emphasized that “it is clear that coercive measures must now be on the agenda. The Palestinians, Turkiye, other justice-seeking nations, and the international community will not accept Israeli efforts to subjugate and expel the Palestinian people from their lands.”

On January 26, 2024, the ICJ made a provisional ruling based on South Africa's lawsuit concerning Israeli violations of the UN Convention on the Prevention of Genocide in Gaza. According to the ruling, “Israel” is required to take all measures to prevent genocide in the region. This decision, supported by 15 out of 17 judges, was broadcast live on the court's official site. Despite this, “Israel” has continued its aggression and massacres against Palestinian civilians in Gaza, disregarding the ruling.

The ongoing aggression has resulted in over 34,000 deaths and more than 77,000 injuries, with thousands still missing under the rubble.

Hakan Fidan expressed hope that Turkiye's decision would steer the ICJ lawsuit in the right direction. He stated, "We will complete our legal procedures following our President's political decision, which has been announced to the world, and we will continue to work with all friendly and allied countries on this issue and explore which other countries can also file requests."

Since October 7, 2024, Turkiye has been at the forefront of supporting the Palestinian people and resistance factions, notably Hamas. President Recep Tayyip Erdogan has consistently defended Hamas against international accusations of terrorism, portraying it as a national liberation movement defending Palestinian rights.

Recently, President Erdogan stated that "Turkiye has supported Gaza three times in various ways, both visible and invisible." 

He emphasized, "While providing all kinds of humanitarian support to Palestine, we aim to continue isolating Israel internationally."

On April 8, 2024, Minister Hakan Fidan announced new measures against “Israel,” followed by Turkiye imposing export restrictions on “Israel” the next day. Following Turkiye's decision to join South Africa's genocide lawsuit against “Israel,” the Ministry of Trade of Turkiye announced on May 2 a complete halt to trade with “Israel” until humanitarian aid is allowed into Gaza without restrictions. The ministry highlighted Turkiye's swift humanitarian response, delivering thousands of tons of aid, including food and medical supplies, and evacuating thousands of Palestinian patients.

In response to ongoing Israeli actions in Gaza, Turkiye imposed export restrictions on 54 products since April 9, citing the humanitarian catastrophe and Israeli refusal to heed international ceasefire efforts or allow aid entry. 

On April 16, the Turkish president declared that Turkiye is "the leading provider of aid" to Gaza amidst the ongoing aggression.

Context of the Lawsuit Against ‘Israel’

Regarding Turkiye's involvement in the lawsuit against “Israel,” Cuneyt Yuksel, Chairman of the Parliamentary Justice Committee and AK Party Istanbul Deputy, revealed that Turkiye has been working on this intervention to ensure Israeli Occupation’s condemnation. He noted that "Turkiye will be the first member of the Organization of Islamic Cooperation to intervene in the genocide case against Israel."

Yuksel emphasized that Israeli apartheid policies over 75 years, 56 years of occupation, and 16 years of blockade aim to colonize and annex Palestinian territories. He pointed out that "Israel has imposed a system that continuously expands the scope for illegal settlers, violating the basic rights of the Palestinian people."

He asserted that the Palestine issue could impact the sustainability of the current international order, which is supposed to be based on rules and international law, and that it is likely to have global consequences.

According to Anadolu Agency, Turkiye can join the genocide lawsuit filed by South Africa against “Israel” at the International Court of Justice (ICJ) under Article 63 of the ICJ Statute. This article provides the legal foundation for Turkiye's participation.

The ICJ Statute, through Articles 62 and 63, allows states to join cases brought before the court in The Hague. Article 62 states that if a country has a legal interest that may be affected by the court's decision, it can apply to intervene. Nicaragua has already intervened under Article 62 in South Africa's case, according to the Turkish agency.

Article 63 stipulates that if the issue involves the interpretation of a convention to which countries not party to the case are signatories, the court's registrar must notify these states without delay. If Turkiye's intervention request is accepted, it can provide statements on interpreting the 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide, which is the basis of South Africa's lawsuit.

Under the second paragraph of Article 63, any state notified can intervene in the case. If it exercises this right, the court's interpretation will be binding for that state as well.

Previously, the ICJ announced that Colombia had requested to join the lawsuit under Article 63. Media reports also suggest that countries like Ireland, Belgium, Jordan, and Libya are considering intervening against “Israel.”

In a similar case between Ukraine and Russia, the ICJ accepted 32 out of 33 intervention requests under Article 63, excluding only the United States. The court is also reviewing seven intervention requests under Article 63 in a similar case between The Gambia and Myanmar.

Expert Opinions

Describing the decision as "historic," Emete Gozuguzelli, a professor at the Faculty of Law at Ankara University of Social Sciences, stated, "As a country with the legal authority to influence the case, Turkiye's involvement is crucial for establishing the law and correcting legal interpretation."

He told Turkiye's Milliyet newspaper, "Considering the fundamental framework of the main case, the court will consider Turkiye's neutral position here, and the stance it will present in interpreting the convention."

"For example, Turkiye will assist the court in interpreting the convention and assessing the issue. By refuting the arguments of Israel-supporting countries, Turkiye will play a guiding role in defining, interpreting, and framing the convention within the court," Gozuguzelli added.

Turkish lawyer Mucahit Birinci addressed the significance of Turkiye's intervention in the case, explaining, "The ICJ will now assess Turkiye's request to join the case. If accepted, Turkiye will be able to make statements on how to interpret the 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide, which forms the basis of South Africa's case."

"According to the second paragraph of Article 63 of the ICJ Statute, the court's interpretation of the Genocide Convention in its ruling will be binding for the parties involved in the case as well as any intervening states,” he told Al-Estiklal

"This binding nature is significant as it pertains solely to the interpretation of the Genocide Convention and does not provide a basis for initiating any contemporary or historical claims that may concern Turkiye in the future," he added.

The Turkish lawyer highlighted the defense mechanisms “Israel” might employ in the case. "Israel will strive to politicize the issue by leveraging accusations of anti-Semitism and using its international influence and political networks, given that its acts of genocide and war crimes are evident to the world."

He emphasized that “Israel will maintain its stance of believing in the 'law of the strong' rather than international law, and its defenses will lack any legal foundation."

"There is a consensus among humanitarian-oriented legal experts that the crucial point is whether the ICJ will approach this case with courage."

He added, "It is also essential to recognize that if humanity overlooks such acts of genocide and war crimes, global security will be compromised. This issue should be viewed as a security concern for both Europe and America."

Birinci stressed that "countries must consider the case from this perspective because the world has paid a heavy price for past genocides and war crimes."

He concluded by asserting that “repeating and justifying such horrific experiences will have dire consequences."