Agencies
Israeli Prime Minister Benjamin Netanyahu has instructed officials to prepare a potential legal case against Turkish President Recep Tayyip Erdogan at the International Criminal Court (ICC), escalating an already strained relationship between Israel and Turkey.
According to Israeli broadcaster i24NEWS, Netanyahu directed an inter-ministerial team and the head of Israel’s International Law Department to begin compiling material for a possible case focusing on allegations concerning Turkey’s treatment of Kurdish minorities and alleged financial support for Hamas. The report said the proposed case has not been filed and may ultimately not be submitted to the court.
The move comes amid a series of increasingly confrontational exchanges between Ankara and Jerusalem. Turkish President Recep Tayyip Erdogan has been a vocal critic of Israel’s military campaign in Gaza and has pursued legal measures against Israeli officials, while Israel has accused Turkey of supporting Hamas and providing a political base for members of the Palestinian group.
The reported Israeli initiative follows Erdogan’s announcement that Turkey had approached Interpol in connection with efforts to seek action against Netanyahu.
The developments have created a growing legal dimension to the diplomatic dispute between the two countries, with both governments increasingly using international institutions and legal mechanisms to challenge the other side.
Reports on the proposed ICC case suggest Israeli officials could potentially seek the involvement of a third country or other mechanism rather than attempting to initiate proceedings directly.
The possibility of a case is also reportedly being considered as a deterrent and diplomatic pressure tool, rather than necessarily as an immediate effort to bring Erdogan before the court. Israeli officials cited in the report said they hoped preparation of the file could discourage further escalation.
The proposed case would face significant legal questions because neither Israel nor Türkiye is a party to the Rome Statute, the treaty that established the ICC.
However, non-members can still fall within the court’s jurisdiction in certain circumstances. The ICC says its jurisdiction can extend to crimes committed on the territory of a Rome Statute member state, crimes committed by nationals of a member state, situations accepted by a non-member state through an ad hoc declaration, or situations referred by the United Nations Security Council.
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Türkiye itself confirms that it is not a party to the Rome Statute, while Israel has also formally stated that it does not recognize the ICC’s jurisdiction.
This means that preparing a legal file against Erdogan would not automatically result in an ICC investigation or prosecution. Any proceedings would have to satisfy the court’s jurisdictional and admissibility requirements.
The proposed action also comes against the backdrop of an existing ICC case involving Netanyahu.
In November 2024, ICC judges issued an arrest warrant for Netanyahu in connection with alleged war crimes and crimes against humanity relating to the Gaza conflict. The ICC said there were reasonable grounds to believe he was criminally responsible for alleged crimes including starvation as a method of warfare, murder, persecution and other inhumane acts.
Israel has rejected the ICC proceedings and challenged the court’s jurisdiction, maintaining that the proceedings are legally and politically unjustified.
The contrasting legal moves have added another layer to the broader Israel-Turkey dispute, with each side seeking international pressure against the other.
Relations between Israel and Turkey have deteriorated sharply since the outbreak of the Gaza war in October 2023.
Erdogan has repeatedly condemned Israel’s military operations in Gaza and called for stronger international pressure on Israel. During the United Nations General Assembly this month, he criticised the international community over the situation in Gaza and called for greater recognition of Palestinian statehood.
Netanyahu, meanwhile, has used international forums to defend Israel’s military campaign and challenge Erdogan’s criticism of Israel.
The reported preparation of an ICC case therefore represents a further escalation in the diplomatic and legal confrontation. For now, however, the proposed case remains at the preparation stage, with no indication that formal proceedings against Erdogan have been opened at the ICC.
