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‘Turkish courts can take action against Israel’
Yet the same experts have underlined that Turkey’s has a variety of diplomatic options at its disposal and that the country is using them.
Professor Hasan Köni of the Galatasaray University law faculty notes that while there have been some calls to take Israel to the International Court of Justice (ICJ) in The Hague, this is impossible, for in order to apply to the court the country in dispute must agree for the case to be adjudicated there.
He added that the other option in terms of taking Israel to the ICJ requires that the crime be referred to the court by the United Nations Security Council. As the United States holds veto power on the council, it is highly unlikely that the country will allow Israel to be sent to the court.
Professor Mustafa Kibaroğlu of Bilkent University also underlines that it is more or less impossible to take Israel to the ICJ. However he says there are multiple diplomatic options to express reaction and asserts that Turkey is using them effectively. According to Kibaroğlu, Turkey’s asking NATO to hold an emergency meeting concerning the Israeli attack on the aid flotilla was one of the best diplomatic moves available.
“While your citizens are still under arrest in Israel, first you have to show your strength. Then you can start taking action. To ask NATO to hold a meeting and to remind it of its responsibilities to an ally is very important. Secondly, when Turkey is holding security meetings it is openly declaring the participants, especially high-ranking army officials. Here the message is very clear: We are ready for any confrontation; we are considering all the options,” he said.
However taking the Israeli government to Turkish courts is possible under the Turkish Penal Code (TCK). A lawyer from İzmir, Yusuf Akın, has already filed a criminal complaint with the İzmir Chief Public Prosecutor’s Office against Israeli Prime Minister Benjamin Netanyahu. A similar move came from the Diyarbakır Bar Association and the Human Rights Association (İHD).
According to TCK Article 77, crimes against humanity, regardless of who committed the crime(s), are within the jurisdiction of Turkish courts only if the Ministry of Justice gives permission for their prosecution.
Deputy Prime Minister Bülent Arınç on Tuesday said the public prosecutors have been ordered to conduct an investigation into the raid.
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