Turkey has more legal options against Israel

One of the methods Turkey can pursue is to ask for an advisory ruling of the International Court of Justice (ICJ) which, although not binding, would give it further important diplomatic leverage.

Özgür Mumcu from Galatasaray University’s school of law said asking for the ICJ’s advisory ruling does not necessitate a UN Security Council decision but a simple majority at the UN General Assembly.

“The ICJ has in the past ruled that Israel’s West Bank wall is illegal and that its construction should be stopped immediately. The decision was not binding, but the same procedure can be followed not only for the Freedom Flotilla but also for the siege of Gaza,” Mumcu told Today’s Zaman.

He added that pursuing an ICJ advisory decision will not face a US veto and that it will be more effective and easier to acquire than a UN Commission on Human Rights report.

Because neither Israel nor Turkey recognizes the ICJ’s jurisdiction, taking the case to The Hague is not an option.

Countries that fall into conflict after reaching consensus can turn to the ICJ, but this is obviously not the case with Ankara and Tel Aviv. The UN Security Council might refer the case to the ICJ, but because of the US’s veto power, this is unlikely. However, asking for an advisory opinion needs only a simple majority at the UN General Assembly.

There is also the option of taking action in Turkish courts. Public prosecutors in Turkey have taken the testimonies of passengers wounded on the Freedom Flotilla in preparation for a compensation suit against Israel. Turkey’s options are not solely limited to seeking compensation, however.

Öztürk Türkdoğan, affiliated with the Human Rights Association (İHD) and a lawyer by profession, said human rights associations have filed petitions accusing Israel of committing a crime and demanded that Israeli government officials be brought to court to answer for their crimes against humanity, a move stipulated by Article 77 of the Turkish Penal Code (TCK).

Türkdoğan added that laws stating the punishment for piracy, governed by Article 13 of the TCK, are applicable. He said the Ministry of Justice must first issue permission for cases based on Article 77, but that this is not necessary for cases involving Article 13. If permission is granted, Israeli Prime Minister Benjamin Netanyahu, Israeli Defense Minister Ehud Barak and other senior Israeli officials will face court cases in Turkey.

If the Ministry of Justice grants permission, Turkey will be able to petition other countries through Interpol to demand the extradition of Israeli government officials to Turkey.

“Turkey at least has the right to do it, even if other countries do not cooperate. Invoking Articles 13 and 77 of the TCK will give Turkey the ability to isolate Israel and allow the Israeli public to get rid of these racists. But this, of course, is a political decision to make,” he noted.

He added that another possible avenue to pursue is for Turkey to open murder cases against Israeli soldiers who intercepted the Freedom Flotilla, killing nine Turks. “Opening court cases against the soldiers does not require any permission from the Ministry of Justice,” he said.

Meanwhile, a special commission set up to investigate Israel’s attack on the aid flotilla to Gaza held its second meeting on Wednesday. It was co-chaired by Foreign Minister Ahmet Davutoğlu and Justice Minister Sadullah Ergin.

A statement released yesterday by the Ministry of Foreign Affairs said the May 31 incident had been discussed in detail at Monday’s Cabinet meeting and recalled that a committee that would prepare for an international investigation would be formed in accordance with the decision that came out of the Cabinet meeting. The naval undersecretary is also on the committee, co-chaired by Davutoğlu and Ergin, the statement said. The ministry said yesterday’s meeting was the second time the committee had convened thus far, noting that more meetings will be held as the committee continues its work.