Türkiye set to intervene in ICJ genocide case against Israel on Wednesday

By Selman Aksunger

THE HAGUE (AA) — Türkiye is set to submit its declaration of intervention in South Africa's genocide case against Israel later on Wednesday at the International Court of Justice (ICJ).

As part of the move announced Monday by Turkish Foreign Minister Hakan Fidan, Ankara has prepared a dossier that has the potential to significantly impact the course of the trial over Tel Aviv's war in Gaza.

Anadolu compiled information on the scope and potential impact of Türkiye joining the case against Israel, becoming the seventh country to do so following Nicaragua, Colombia, Libya, Mexico, Palestine, and Spain.

An important symbolic move, Türkiye's intervention is expected to be the most significant in the case, likely to encourage other countries in the region to join in as well.

The document is expected to support South Africa's arguments and address how the Genocide Convention should be applied to Israel's actions in Gaza since Oct. 7 last year.

Flouting a UN Security Council resolution demanding an immediate cease-fire, Israel has faced international condemnation amid its continued brutal offensive on Gaza since an Oct. 7, 2023 attack by the Palestinian group Hamas.

Ten months into the Israeli war, vast tracts of Gaza lie in ruins amid a crippling blockade of food, clean water, and medicine.

Israel has killed nearly 40,000 Palestinians in Gaza since Oct. 7, and is accused of genocide at the International Court of Justice for its military campaign.

Israel stands accused of genocide at the International Court of Justice, whose latest ruling ordered Tel Aviv to immediately halt its military operation in the southern city of Rafah, where over a million Palestinians had sought refuge from the war before it was invaded on May 6.

- Legal basis for intervention

States can intervene in a case at the ICJ based on two articles — the 62nd and 63rd — of the Statute of the International Court of Justice.

If a state intends to intervene under article 62, it must first submit a request to the court demonstrating it has a specific interest of a legal nature which may be affected by the decision in the case.

The provision gives the ICJ discretion to approve or deny such requests. If allowed, the intervening state can take part in the proceedings, make statements, and submit evidence to the ICJ either as parties or non-parties to the trial.

Joining a case under article 63, meanwhile, allows states to participate in the interpretation of a treaty, in this case the 1948 Genocide Convention, related to the court proceedings, rather than on the substantive facts of the dispute.

Interventions under this provision are recognized as a right of states that are party to the treaty in question. The court then allows or rejects the application after examining the form of the intervention.

If the declaration is deemed to meet the conditions of the article, the interpretation of the convention in the court's judgment is equally binding upon the intervening state.

Among the countries intervening in South Africa's genocide case against Israel, only Nicaragua has done so under article 62 alone, while Palestine has joined the case under both articles. Colombia, Libya, Mexico, and Spain intervened only under article 63.

Although Türkiye will apply under article 63, it reserves the right to intervene under article 62, as well.

At later stages of the case, Ankara may submit a new intervention request under article 62 or modify its statements and declaration under article 63.

By intervening in this case, states can guide the court's interpretation of the Genocide Convention and determination of genocide in Gaza, thereby exerting legal and political pressure on the court in identifying potential genocidal actions by Israel.

- Purpose and evolving role of intervention

State interventions in the ICJ have been rare, but gained new significance in recent years as a way for countries to support applicant nations, particularly after the Rohingya genocide case that Gambia filed against Myanmar in 2019, as well as Ukraine's genocide case against Russia in 2022.

Third countries had previously only intervened in cases that, while initiated between two other states, closely affected their interests, such as boundary disputes.

However, in cases of global concern like genocide, intervention now provides states with a legal basis to act on matters that affect their own interests.

After the ICJ accepted 32 of 33 intervention requests in Ukraine's case against Russia, this mechanism has been used more frequently to pressure accused states.

- Importance of Türkiye’s intervention

Türkiye’s intervention in the genocide case against Israel reaffirms its legal and moral responsibilities on the global stage.

Ankara is expected to present a more detailed and comprehensive declaration compared to the other intervening states, potentially compelling the court to follow the ICJ advisory opinion of July 19 this year, which states that Israel has been unlawfully occupying Palestinian territories since 1967.

Considered alongside its other peace efforts in the region, Türkiye’s intervention may encourage neighboring countries to more actively participate in identifying violations of international law in Gaza and in defending Palestinian rights.

Additionally, interpretations of the Genocide Convention by a powerful regional actor like Türkiye have the potential to significantly influence the deliberations of ICJ judges, as well as the outcomes of both this genocide case and others that may come in the future.

- What will happen after Türkiye’s intervention notification?

After Türkiye submits its declaration of intervention, the court will request written observations from the parties involved, South Africa and Israel.

If deemed necessary, it may hold an oral hearing to determine the admissibility of the intervention.

The ICJ Registrar may also convey Türkiye's intervention text to the UN secretary-general, UN member states, and other intervening countries.

The court will publish the intervention texts online unless decided otherwise, with Türkiye's text expected by the end of the week.

While Israel, as a party to the case, may submit written observations opposing Türkiye's intervention, Ankara can provide written counter-observations. The ICJ typically issues decisions on interventions by multiple countries in a single ruling.

- At what stage is Türkiye intervening in the case?

The ICJ is currently in the first phase of preliminary objections in the genocide case against Israel.

If it determines that the court has jurisdiction to hear the case on the genocide in Gaza, it will proceed to the second stage considering the merits of the case and issue its final decision.

Türkiye and the other intervening states will thus have submitted their declarations in the early stages of the case. This will allow them to participate in deliberations on the court's jurisdiction, in addition to the merits of the case.

Interventions are allowed until the submission deadline of the second phase.

- When is the case expected to conclude?

Although the ICJ has expedited proceedings in recent years, complex cases like genocide often take over a decade to resolve.

For instance, the Srebrenica genocide case took about 14 years, while a similar case concerning Croatia lasted for 16 years.

Proceedings in the ongoing genocide cases filed by Gambia and Ukraine suggest that the case against Israel might take seven to eight years to conclude.

- South Africa's genocide case against Israel at ICJ

South Africa initiated the genocide case against Israel at the ICJ on Dec. 26 last year, alleging that Tel Aviv was in violation of the 1948 Genocide Convention due to its ongoing brutal offensive on the Gaza Strip.

The ICJ responded by issuing provisional measures on Jan. 26, requiring Israel to take steps to prevent genocidal acts, including halting by military actions, ensuring humanitarian aid access, and preserving evidence of violations.

Following an additional request from South Africa on March 6, the ICJ on March 28 mandated Israel facilitate urgent humanitarian aid to Gaza, ensure Palestinian rights, and later report on the measures it had taken to implement this decision.

On May 24, the ICJ found earlier measures insufficient due to the dire humanitarian situation in the southern Gaza Strip city of Rafah, ordering Israel to immediately cease military attacks, keep the Rafah border crossing open for aid, and allow UN investigators access to the Palestinian enclave.