Tuesday, 02 January 2024 12:17 GMT

Why Is Israel Preparing An ICC Case Against Erdogan? Kurds, Hamas Funding And Legal Hurdles Explained


(MENAFN- Live Mint) Israel is preparing a potential legal case against Turkish President Recep Tayyip Erdogan, with Prime Minister Benjamin Netanyahu directing an inter-ministerial team and the country's International Law Department to examine allegations involving Ankara's treatment of Kurdish minorities and its financial support for Hamas, according to i24NEWS report.

The move comes amid a sharp deterioration in relations between Israel and Turkey and follows Erdogan's efforts to pursue action against Netanyahu through international mechanisms.

What is Israel's case against Turkish President Recep Tayyip Erdogan?

According to Israeli outlet i24NEWS, the file being prepared by Israel will focus on two broad allegations:“Turkey's treatment of Kurdish minorities and alleged financial support provided by the Turkish government to Hamas.”

Israeli officials are reportedly examining whether the allegations could form the basis of a case before the International Criminal Court (ICC in The Hague.

However, any such legal action would face significant jurisdictional hurdles. Neither Israel nor Turkey is a party to the Rome Statute, the treaty that established the ICC.

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Israel could theoretically seek to bring the matter before the court through another route or a third-party state, although legal experts cited in reports have pointed to the complications involved.

Move follows Erdogan's push against Netanyahu

The Israeli initiative comes after Erdogan announced that Turkey had approached Interpol as part of efforts to pursue Netanyahu's arrest.

The developments mark another escalation in an increasingly confrontational relationship between the two governments, with legal and diplomatic pressure now becoming part of the broader dispute.

Israeli officials have reportedly considered the case not only as a potential legal measure but also as a means of putting pressure on Erdogan.

Sources cited by i24NEWS said Israel hopes it will not ultimately have to file the case and that preparing the dossier could itself serve as a deterrent.

The country's Justice Ministry has indicated that Netanyahu has declined to comment on the matter.

Why the ICC issue is significant

The potential case comes against the backdrop of Israel's own confrontation with the ICC.

In November 2024, the ICC issued arrest warrants for Netanyahu and then-defence minister Yoav Gallant after its investigation into alleged war crimes and crimes against humanity in the Gaza conflict.

The court alleged, among other things, responsibility for the war crime of starvation as a method of warfare and crimes against humanity.

Israel rejected the ICC's jurisdiction and has maintained that the court cannot exercise authority over its citizens because Israel is not a party to the Rome Statute.

Turkey, like Israel, has also not ratified the Rome Statute.

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