Turkey Asserts Israel Will Face Trial for Gaza Crimes

17 November 2023

Turkey's Justice Minister Yilmaz Tunc commented on the initiative of a group of local citizens to file a lawsuit against Israeli Prime Minister Benjamin Netanyahu at the International Criminal Court (ICC). Tunc stated that Israel will be tried sooner or later in The Hague for war crimes committed in the Gaza Strip.

 

"Israel will face justice sooner or later because it is killing children in front of the world's eyes. They will definitely be held accountable for it. If they can't do it today, the criminals will still end up in the dock at the ICC years later," the minister told Milliyet newspaper.

 

The head of the Turkish ministry drew attention to the inability of international organizations to solve crises like the conflict between Israel and Palestine. "Unfortunately, the UN Charter and the structure of the UN Security Council do not allow us to solve this issue. The veto power of one member of the UN Security Council allows for the rejection of initiatives on ceasefires and humanitarian aid. While there is a UN human rights structure, it should collect evidence [of Israeli crimes] and hand it over to the ICC," Tunc said.

 

Former Turkish parliament member Metin Kulunk, along with lawyers Mukahit Birinji and Burak Bekiroglu, submitted a petition to the Istanbul prosecutor's office urging them to send an application to the ICC against Israeli Prime Minister Benjamin Netanyahu. The petition alleges that Netanyahu "committed crimes against humanity, waged war, and genocide in front of the eyes of the world," and calls for his prosecution at the ICC in accordance with international criminal norms.

 

Indeed, Turkey, not being a signatory to the Rome Statute, cannot directly appeal to the ICC. However, it can use governmental structures and non-governmental organizations to inform the ICC prosecutor's office about alleged crimes, providing information and evidence for their consideration. This indirect approach allows countries that are not ICC members to draw attention to perceived violations of international law.

 

The Rome Statute establishes the jurisdiction and functioning of the ICC, covering crimes such as genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC's jurisdiction applies to crimes committed after July 1, 2002, in the territory of a state party to the Rome Statute or by nationals of such states. If the state where the alleged crime occurred is not a party to the statute or its nationals are involved, the UNSC may authorize the ICC to initiate prosecutions. Israel was a signatory to the Rome Statute until 2002, but later withdrew its signature.

 

 

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Photo: Şinasi Müldür/Pixabay

Based on materials from TASS