Turkiye’s Bid to Join Genocide Case Against ‘Israel’: What’s at Stake?

In a significant escalation against “Israel,” Turkiye announced on August 7, 2024, that it is seeking to join the genocide case brought by South Africa against “Israel” at the International Court of Justice.

Turkiye has the right to submit a statement to join the case as it is a party to the Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations in 1948.

On December 29, 2023, South Africa filed an 84-page complaint, presenting evidence of Israeli Occupation’s violation of its obligations under the UN Charter and its involvement in "committing acts of genocide against the Palestinian people in Gaza."

The court has set October 28, 2024, as the final deadline for Pretoria to submit its opinion on the case, with Israeli Occupation’s deadline to submit its counter-opinion set for July 28, 2025.

With American support, “Israel” has been waging a devastating genocidal war on Gaza since October 7, 2023, resulting in over 131,000 Palestinian casualties, mostly children and women, more than 10,000 missing, and widespread destruction and famine.

Disregarding international opinion, Tel Aviv continues the war, ignoring the UN Security Council's call for an immediate ceasefire and the International Court of Justice's orders to take measures to prevent genocide and improve the dire humanitarian situation in Gaza.

The Seventh State

Turkiye’s delegation to the court included Ambassador Selcuk Unal, Istanbul MP Cuneyt Yuksel, Ismail Emrah Karayel, Chairman of the Joint Parliamentary Committee between Turkiye and the European Union, and Cahit Ozkan, a member of the Constitutional Committee in Parliament.

They submitted Turkiye’s statement of joining the genocide case against “Israel” to the International Court of Justice.

Turkiye becomes the seventh country to submit a statement of intervention in the genocide case between South Africa and “Israel” at the International Court of Justice, following Nicaragua, Colombia, Libya, Mexico, Palestine, and Spain. However, Turkiye is seen as the most significant regional state to have made an intervention declaration so far, according to observers.

The court is expected to notify “Israel” and South Africa of Turkiye’s initiative under Article 63 of the Court's Rules and to invite them to comment on Turkiye's declaration of intervention.

Before Turkiye submitted its statement to the court, the Turkish Ambassador to The Hague, Selcuk Unal, and Istanbul MP Cuneyt Yuksel addressed the media.

Highlighting Turkiye's support for the Palestinian cause, Yuksel stated, "Turkiye is once again declaring loudly and boldly to the world that it stands by international law and is against genocide, defending human rights before the highest judicial body of the United Nations, which we call the World Court [ICJ]."

Yuksel explained that they had worked meticulously as a legal team from the Turkish Parliament since Turkish President Recep Tayyip Erdogan decided to intervene. He noted that this work was completed in collaboration with the Ministries of Foreign Affairs and Justice and a team of international legal experts.

Additionally, Yüksel confirmed that as the Turkish delegation, they had closely followed the case from day one and participated in all hearings.

He mentioned that the "Evidence" book by the Anadolu Agency and other materials clearly showing Israeli crimes in Gaza, among other key evidence, were submitted to the South African legal team handling the case.

"Even excerpts from videos and photos were shown during the hearings, and the audience watched them live."

The Deputy of the Justice and Development Party noted that "despite the International Court of Justice issuing three provisional orders in the case, Israel has not complied with these decisions."

This underscores that "Israel has acted with impunity, as always, ignoring the law."

Significant Initiative

Turkish Ambassador to The Hague, Selcuk Unal, said that "preparing the intervention file was a joint effort between the Ministries of Foreign Affairs and Justice."

"Today, our committee chair is here to show the support of our great Parliament, as we will submit this intervention request together."

Referring to Turkiye's close monitoring of the case from the beginning, Unal said, "Three provisional judicial decisions were made, but unfortunately, we all saw that Israel did not comply with any of them. We are seriously aware of the worsening of this disaster. Today, the Republic of Turkiye will request to join this case before the International Court of Justice."

“We hope and wish that this will set an example for all free countries that want to see a world based on international rules and lead to other countries submitting requests to join the case, in addition to those already involved,” the ambassador concluded.

Speaker of the Grand National Assembly Numan Kurtulmus stated that "Turkiye’s submission of its statement to join the genocide case against Israel before the International Court of Justice is a tangible and historic step for the future of the Palestinian cause."

"We will continue our efforts to ensure that Israel is prosecuted at the International Court for genocide, as well as to prosecute Netanyahu and his associates to face the maximum penalty for the crimes they have committed."

Kurtulmus emphasized that Turkiye "will continue to defend the Palestinian cause, which it views as its national cause, and will persist in the struggle with humanity until Palestine is liberated and its state, with Jerusalem as its capital, is established."

Vice President of Turkiye Cevdet Yilmaz also addressed the issue in his statement. He said, "The comprehensive file prepared by our country is a significant initiative regarding the rule of law and holding Israel accountable. We hope this step will serve as an example for other governments."

"Trust in humanitarian values, international law, and institutions is closely linked to how this process unfolds. We will follow this case until Netanyahu and his government, who have killed 40,000 innocent Palestinians since October 7, 2023, receive the punishment they deserve."

Yilmaz confirmed that Turkiye "will continue this support until an independent Palestinian state is established within the 1967 borders, and the oppressed Palestinian people are freed."

Turkish Foreign Minister Hakan Fidan also stated that "the international community must play its role to stop the genocide in Gaza," stressing the need to pressure “Israel” and its supporters.

"This concerns Turkiye's preparation to join the genocide case against Israel at the International Court of Justice."

"Due to impunity for its crimes, Israel continues to kill more innocent Palestinians every day. The international community must act to halt the genocide in Gaza and apply the necessary pressure on Israel and its supporters. Turkiye will do its utmost to achieve this goal," he added.

In a statement, Turkish Minister of Justice Yilmaz Tunc said, "As the Republic of Turkiye, we have submitted a request to join the genocide case against Israel at the International Court of Justice."

"Since October 7, 2023, Israeli officials have caused the martyrdom of 40,000 of our Palestinian brothers and injured over 90,000 Palestinians, ignoring basic human rights. We will continue to follow the case until these officials are brought to international justice and receive the penalties they deserve."

What’s Next?

Turkish observers suggest that Turkiye’s involvement in the Gaza genocide case confirms its legal and moral responsibility on the international stage.

Turkiye is expected to compel the court to follow its own reasoning, particularly by referencing the advisory opinion issued on July 19, 2024, which states that “Israel” is an occupying power in Gaza.

Overall, participation in cases before the International Court of Justice gains new significance as a way for countries to contribute to the plaintiff state.

Especially in cases of global concern, such as genocide, it becomes important for countries to request to join the case due to direct impacts on their own interests.

Thus, Turkiye’s step, when evaluated alongside other efforts for regional peace, may encourage other countries in the region to more actively engage in exposing violations of international law and defending Palestinian rights.

Following Turkiye’s announcement of its intervention, the court will request written observations from the parties involved, South Africa and “Israel.” If deemed necessary, the court may hold an oral hearing to determine the acceptability of Turkiye’s involvement.

The text of Turkiye’s intervention is expected to be available within days on the court’s website. It is noted that predicting the end date of the intervention process is challenging.