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Turkish court refuses to initiate legal proceedings against Israeli officials over Gaza war

Palestinians make their way over the dirty of rubble past destroyed buildings after the Israeli military withdrew following a two-week offensive from the Shujaiya neighborhood, east of Gaza City on July 11, 2024. (Photo by Omar AL-QATTAA / AFP)

An Ankara court in May refused to launch an investigation into Israeli officials due to their actions in the Palestinian enclave of Gaza, citing a lack of jurisdiction, Deutsche Welle Turkish edition reported, in news that just became public.

The court’s decision came in response to a petition from a citizen who through the Presidential Communications Center (CİMER) requested the launch of legal proceedings in Turkey against Israeli officials, accusing them of committing “war crimes” in Gaza.

Israel’s military campaign in Gaza, which began on October 7 following an unprecedented attack by the Palestinian militant group Hamas, has led to more than 39,000 casualties and massive devastation, according to the health ministry in Gaza.

The person, who requested anonymity, claimed in their petition that Turkey’s justice minister can allow such an investigation under Article 13 of the Turkish Penal Code (TCK), which says Turkish law shall apply to certain offenses committed in a foreign country whether or not committed by a citizen or non-citizen of Turkey.

The Ankara 8th Administrative Court declared a lack of jurisdiction on May 3.

A genocide case against Israeli officials filed by South Africa is already underway at the International Court of Justice (ICJ).

The ICJ ordered Israel in January to refrain from all acts that could fall under the Genocide Convention and to ensure that its troops do not commit genocidal acts against Palestinians after South Africa accused Israel of state-directed genocide in Gaza.

Turkish Foreign Minister Hakan Fidan announced in May that Turkey decided to submit its declaration of intervention in South Africa’s genocide case at the ICJ, but the official application has not yet been submitted to the court.

Turkish President Recep Tayyip Erdoğan, who has long marketed himself in the Muslim world as a champion of Palestinian rights and a fierce critic of Israel, has repeatedly accused Israel of being a “terrorist state” and of committing “genocide” due to Israel’s ongoing attacks on Gaza.

He sparked harsh criticism from Israel and calls for Turkey’s expulsion from NATO after  threatening on Sunday that Turkey might enter Israel due to its actions in Gaza, as it had entered Libya and Nagorno-Karabakh in the past.

Erdoğan’s remarks were interpreted as the threat of a military operation into Israel by Turkey, although he did not spell out what sort of intervention he was suggesting.

The latest tensions in Turkish-Israeli relations came shortly after their normalization in 2022, with several high-level visits, including that of Israeli President Isaac Herzog.

The relations had been strained in 2010 after Israeli forces launched a deadly assault on the Turkish ship Mavi Marmara, which was attempting to deliver aid to Gaza.

In May Turkey suspended all trade with Israel until it allows aid to enter Gaza unhindered during its offensive against Hamas militants in the territory in the wake of growing public criticism about the ongoing trade with Israel.

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