In the wake of a massive pro-Palestinian rally and amidst the soaring death toll in Gaza, President Recep Tayyip Erdoğan of Turkey has taken a strong stance against Israel. He has pledged to present Israel as a “war criminal” to the world. Reports indicate that Turkish officials are exploring the possibility of bringing a war crimes case centered on Israel before the International Criminal Court (ICC). This move comes as the death toll in Gaza surpasses 8,500.
Turkey’s Initiative Despite Non-Party Status
Turkey, however, faces a significant challenge in pursuing such a case. It is not a party to the Rome Statute, the international treaty that established the ICC. As a non-party, Turkey cannot directly apply to the court. Nevertheless, it can notify the Prosecutor’s office at the ICC through government agencies and non-governmental organizations (NGOs) regarding alleged crimes against humanity. Under Article 15 of the Rome Statute, the Prosecutor may initiate investigations based on information on crimes within the ICC’s jurisdiction.
ICC Prosecutor’s Warning to Israel
ICC’s Chief Prosecutor, Karim Khan, issued a stern warning to Israel while visiting the Rafah crossing between Egypt and Gaza. He suggested that obstructing the flow of humanitarian aid into Gaza could be considered a criminal act. Khan emphasized that “impeding relief supplies as provided by the Geneva Conventions may constitute a crime within the court’s jurisdiction.” He further stated, “Israel has clear obligations about its war with Hamas, not just moral obligations but legal obligations.”
Israel’s Response: Diplomatic Withdrawal
In response to President Erdoğan’s strong denunciations and Turkey’s attempts to push a war crimes case, Israel has taken action. Israel withdrew all of its diplomats from Turkey. Israeli Foreign Minister Eli Cohen explained, “Given the grave statements coming from Turkey, I have ordered the return of diplomatic representatives there to conduct a reevaluation of the relations between Israel and Turkey.”
Challenges in Pursuing the Case
While Turkey may have the support of BRICS and Global South countries in its efforts to label Israel with a war crimes charge, there are significant challenges. The ICC, based in The Hague, has often been criticized for its perceived Western bias. It has primarily tried and convicted African warlords while sparing leaders from the US, UK, and European countries who were involved in conflicts resulting in massive casualties.
In this complex international landscape, Turkey’s attempts to bring Israel before the ICC as a war criminal state face various legal and geopolitical hurdles.
Conclusion
As the death toll in Gaza continues to rise, President Erdoğan’s determination to label Israel as a war criminal and push for an ICC case underscores the heightened tensions in the region. The coming months will likely witness more developments in this ongoing dispute, posing challenges for both nations involved and the international community.
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