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Turkey’s Application to Intervene in the Genocide Case and South Africa’s Litigation Process

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Turkey’s Application to Intervene in the Genocide Case

Türkiye'nin Soykırım Davasına Müdahillik Başvurusu

Turkey took an important step in the international arena by forming a delegation to submit a declaration of involvement in the “genocide” case. This delegation consisted of the President of the Turkey-European Union (EU) Joint Parliamentary Commission and the AK Party Istanbul Deputy Ismail Emrah Karayeladministrative capital of the Netherlands, together with The HagueThe other member of the delegation is the Constitutional Commission Member and Denizli MP Cahit Ozkanis expected to arrive in the Netherlands tomorrow morning.

Providing information about Turkey’s intervention process, Yüksel announced that they will submit the application file to the International Court of Justice (ICJ) Secretariat tomorrow afternoon. Recep Tayyip Erdogan Yüksel, reminding that the decision was taken by the ICJ for Turkey to intervene in the ongoing genocide case, stated that within the framework of this decision, a note would be sent by the Turkish Embassy in The Hague on May 31 stating that it would notify the ICJ of its intervention. Thus, Turkey took its first official step in this process.

Stressing that a long preparation process had been carried out regarding the application for intervention, Yüksel stated that Turkey’s submission defined the obligations under many articles of the convention, particularly articles 1, 2 and 3, and emphasized the need for legal and procedural measures necessary for the investigation and prosecution of acts of genocide.

In the application text, Israel Yüksel, stating that the attacks in Gaza exceeded the dimensions of genocide and violated international law and humanitarian law, expressed that Turkey’s reasons for intervention were also clearly conveyed. Yüksel continued as follows:

  • “The most important feature of our application is that it is in line with the ICJ’s jurisprudence and the advisory opinion on occupation that it delivered last month. This compliance ensures that international legal standards are integrated into the court’s deliberations.”
  • “Turkey is submitting the most comprehensive application ever made to the Court, strengthening its legal arguments.”

Yüksel emphasized that there was no legitimate reason for Israel’s continued attacks despite the ICJ’s precautionary measures, and said, “Turkey’s intervention is a serious step against Israel’s attitude that defies the international community and the law. We will continue to follow the Palestinian cause until the “The rights of the Palestinian people are recognized and an independent and sovereign Palestinian State is established.”

Yüksel stated that they voiced Israel’s genocide on every platform and that they closely followed the processes at both the ICJ and the International Criminal Court.

South Africa’s Genocide Case

Güney Afrika'nın Soykırım Davası

South Africa On 29 December 2023, the Republic of Israel filed a lawsuit with the ICJ against Israel for violating the 1948 United Nations (UN) Convention on the Prevention and Punishment of Genocide. South Africa requested the ICJ to order precautionary measures due to the urgency of the situation in Gaza, and hearings on this request were held on 11-12 January at the Peace Palace in The Hague.

With the precautionary measures announced on January 26, the Court ruled that Israel should take the necessary measures to prevent the acts defined in Article 2 of the Genocide Convention from being committed, to prevent those who call for genocide against Palestinians in Gaza, to take the necessary measures to provide humanitarian aid and to submit a report to the Court on the measures to be taken.

In its decision on March 28, the Court announced the additional measures, based on the request made by South Africa on March 6, stating that Israel must ensure that urgently needed humanitarian aid is delivered to Gaza and requested that it submit a report to the Court within one month regarding these measures.

In its decision dated May 24, the Court stated that the measures previously taken were not sufficient to address the humanitarian disaster that Palestinians trapped in Rafah were facing, and decided that Israel should immediately cease its military attacks on the city of Rafah and that the Rafah Border Gate should be kept open so that urgent humanitarian aid could be provided to Gaza without any obstacles.

Turkey’s Application to Intervene in the Genocide Case and South Africa’s Litigation Process

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