Why is Israel preparing an ICC case against Erdogan? Kurds, Hamas funding and legal hurdles explained | Today’s news
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 Ministry to investigate allegations of Ankara’s treatment of Kurdish minorities and its financial support for Hamas, according to i24NEWS.
The move comes amid a sharp deterioration in relations between Israel and Turkey and follows Erdogan’s efforts to push for action against Netanyahu through international mechanisms.
What is Israel’s case against Turkish President Recep Tayyip Erdogan?
According to the Israeli website i24NEWS, the dossier being prepared by Israel will focus on two broad allegations: “Turkey’s treatment of the Kurdish minority and the alleged financial support the Turkish government has provided to Hamas.”
Israeli officials are said to be examining whether the allegations could form the basis of a case at 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.
Israel could theoretically try to bring the case to the court through another channel or by a third-party state, although legal experts cited in the reports pointed to complications involved.
The move follows Erdogan’s pressure on Netanyahu
The Israeli initiative comes after Erdogan announced that Turkey had turned to Interpol in an effort to arrest Netanyahu.
The development marks a further escalation in the increasingly confrontational relationship between the two governments, with legal and diplomatic pressure now becoming part of the wider dispute.
Israeli officials reportedly considered the case not only as a potential legal action, but also as a means of putting pressure on Erdogan.
Sources quoted by i24NEWS said Israel hopes it will not have to file a case after all, and that the preparation of the dossier could serve as a deterrent in itself.
The Justice Ministry there said Netanyahu 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-Defense Minister Yoav Gallant following an investigation into alleged war crimes and crimes against humanity in the Gaza conflict.
Among other things, the court held responsible for the war crime of starvation as a way of waging war and crimes against humanity.
Israel has rejected the ICC’s jurisdiction, insisting that the court cannot exercise jurisdiction over its own citizens because Israel is not a party to the Rome Statute.
Turkey, like Israel, has also not ratified the Rome Statute.