Turkey formally submitted today, Wednesday, an application to the International Court of Justice in The Hague for a declaration to intervene in South Africa’s claim against Israel under the 1948 Genocide Convention.
Turkey’s application invokes Articles 1, 2 and 3 of the Convention on the Prevention and Punishment of Genocide, to which it is a signatory, and emphasizes the need to take measures to investigate and prosecute acts of genocide.
Ankara’s statement of intervention was made by the Legal Committee of the Turkish National Assembly and was based on Article 63 of the Statute of the Court. The specific article states that “when the dispute concerns the interpretation of a treaty, to which states other than the parties are parties, the secretary shall immediately notify them. Any State so notified has the right to intervene in the proceedings.’
If its application is granted, Turkey as a party to the case will have to submit its position on the merits of the trial. This should be based on hard evidence showing that Israel has a specific intention to exterminate the Palestinians in Gaza.
“Turkey is in danger of trapping itself”
One of the direct consequences of the declaration of intervention is the fact that any decision of the International Court of Justice becomes binding for Turkey itself.
The official opposition Republican People’s Party (CHP) diplomatic advisor, Namik Tanformer ambassador of Turkey in Washington and one of the most experienced Turkish diplomats made a post and commenting on Hakan Fidan’s foreign policy he draws attention, among other things, that Turkey with its intervention in the case of South Africa against Israel for genocide is in danger of trapping itself , implying that a binding judgment will be created against Turkey itself.
Namik Tan’s post is excerpted as follows:
“Diplomacy is not to lose sight of the pitfalls of international law. For example, when intervening against Israel in the genocide case, it is important to be aware of the possible consequences for Turkey under Article 63/1 of the Statute of the International Court of Justice.”
In addition to Turkey, Nicaragua, Colombia, Libya, Mexico, the Palestinian Authority and Spain have so far requested intervention in the case. The Court has not yet ruled on any appeal.
Following the submission of Turkey’s request to intervene in the genocide case against Israel, Foreign Minister Toşyrkow, Hakan Fidanwith his post on the X platform, said:
“We have just submitted our request to intervene in the genocide case against Israel at the International Court of Justice. Emboldened by the impunity for its crimes, Israel kills more and more innocent Palestinians every day. The international community must do its part to stop the genocide and put the necessary pressure on Israel and its supporters. Turkey will make every possible effort in this direction.”
The appeal of South Africa
South Africa appealed against Israel to the International Court of Justice for violation of the 1948 United Nations (UN) Convention on the Prevention and Punishment of Genocide on December 29, 2023. The Court in an interim ruling asked Israel to take all measures at his disposal to prevent the commission of the acts set out in Article 2 of the Convention.
On 24 May 2024, the Court ruled that the measures it had previously ordered were not sufficient and issued a new interim order for Israel to immediately cease its military attacks on Rafah and to keep the Rafah border crossing open for the unhindered flow of humanitarian aid in Gaza.
The court has given South Africa a deadline of October 28, 2024 to submit its positions on the case and a corresponding deadline for Israel to respond to July 28, 2025. It is estimated that the whole process could take 4-5 years.
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