As another vital step to support the Palestinian cause, end Israel’s attacks on Gaza and bring peace to the Middle East, Türkiye has decided to join South Africa’s genocide case against Israel at the United Nations’ highest court.
After Foreign Minister Hakan Fidan announced the decision, questions have been raised about the process. Türkiye will highly likely join the case under Article 63 of the statute of the International Court of Justice (ICJ), which does not necessitate the court’s approval.
Should a state consider that it has an interest of a legal nature that may be affected by the decision in the case, it may submit a request to the court to be permitted to intervene according to Article 62. Article 63, on the other hand, gives states the right to intervene when it comes to interpreting conventions to which they are parties and, even if they are not parties to the dispute.
Accordingly, if Türkiye’s application for intervention is accepted, it can make statements on how the 1948 U.N. Convention on the Prevention and Punishment of Genocide, which forms the basis for South Africa’s case, should be interpreted.
One of Ankara’s intentions in making the move, besides its symbolic nature in support of Palestine, is to inspire other countries, especially members of the Arab League and Organisation of Islamic Cooperation (OIC), to follow the example and thus put increasing pressure on Israel on the international stage.
Several states have said they would also seek to intervene in the case, but so far, only Colombia and Nicaragua have filed a public request.
The ICJ ordered Israel to take all necessary and effective action to ensure basic food supplies arrived without delay to Palestinians in Gaza. It also ordered Israel to refrain from any acts that could fall under the genocide convention and to ensure its troops commit no genocidal acts against Palestinians in Gaza.
The timing of Türkiye’s decision is also noteworthy. The move comes amid rising criticism toward the ruling Justice and Development Party (AK Party) that Türkiye should do more in the name of the Palestinian cause. One of the reasons why the AK Party has experienced significant losses in the March 31 local elections, besides economic woes, has been conservative voters’ demand for more action against Israel. Within this scope, Ankara has taken three main steps to satisfy its base. First of all, Türkiye ceased all trade with Israel; it decided to join the South Africa case and adopted a harsher language toward Israel. At the beginning of the war, President Recep Tayyip Erdoğan largely refrained from targeting Israel or the Israeli people as a whole while focusing his criticism mainly against Benjamin Netanyahu himself. Currently, the condemnation comprises the whole of Israel.
Despite the criticism by the people, Türkiye had, in fact, been one of the most active players on the international stage who supported Palestinians and tried to find a diplomatic solution. It assured Türkiye is ready to undertake responsibility if a regional security mechanism is established for the conflict and proposed a guarantorship model while it helped form the Gaza contact group that visited several capitals around the world and aided in changing the perception toward Israel’s attacks against Gazans. Moreover, Türkiye is the country that provides the most aid to Gaza, with 30% of total aid coming from Türkiye, according to Foreign Ministry spokesperson Öncü Keçeli.
Using platforms such as the Organisation of Islamic Cooperation (OIC), the Arab League, the U.N. or the EU, Türkiye will surely continue to support the Palestinian case both due to humanitarian concerns and due to preventing the Middle East from entering another period of instability. With the normalization processes experienced in recent years with neighboring countries and new projects for corridors and transportation, Türkiye envisages enhanced regional connectivity and prosperity for the region. The West’s support to halt Israel’s monthslong attacks on Gaza to drive Palestinians out of their territory will be one of the major factors deciding whether regional peace can be achieved.