Israeli PM has reportedly ordered his team to file a case against Recep Tayyip Erdoğan with the ICC.
Netanyahu himself has an arrest warrant issued against him by the ICC.
Israel and Turkey both are not members of the ICC
In a major global event, Israel’s Prime Minister Benjamin Netanyahu reportedly instructed his team to file a case against Turkish President Recep Tayyip Erdoğan in the International Criminal Court (ICC). The interesting thing is that Netanyahu himself is facing an active ICC arrest warrant over the genocide in Gaza and has denounced the ICC ruling against him.
According to a report by Israeli news outlet i24NEWS, Netanyahu has instructed Israel's inter-ministerial team and the Director of the International Law Department to start preparing a case in the ICC against Erdoğan over the alleged abuse against the Kurds.
Why Does Netanyahu Want Case Against Erdoğan?
Israeli PM wants the case over the alleged treatment of minority Kurds in Turkey, who are roughly 15-20% of total population. Netanyahu also alleges that Turkey is funding Hamas, a militant group fighting against Israeli forces over the issue of Palestinian liberty.
The reported order comes after Erdogan recently announced he had approached Interpol seeking a Red Notice for Netanyahu for his arrest.
Can Israel File A Case In The ICC?
Generally, to file a case in the ICC, a country must have signed the Rome Statute of the ICC that establishes the International Criminal Court (ICC). This treaty was adopted by the UN on July 17, 1998, and came into effect on July 1, 2002.
Notably, the UN Security Council can also refer a case to the ICC.
Israel earlier signed the treaty in 2000 but then withdrew from it in 2002 and now does not accept its authority. Israel can, however, use its friendly nations to file the case against Erdogan.
Interestingly, Turkey is also not a member of the ICC which means jurisdiction over Erdogan's alleged conduct would be difficult to establish on the ground, even if a third country agreed to take the case of Israel to the ICC.
Past And Present Of Israel-Turkey Relationship
The recent relationship between both countries has soured after the Gaza conflict, but they share a history of being partners to foes. Turkey was the first muslim nation to officially recognise the state of Israel in 1949.
Additionally, both shared a strong partnership by the 1990s as they were cooperating on defense, intelligence, and trade. In 2018, the US opened its embassy in Jerusalem. This resulted in protests in Gaza, where Israeli forces killed over 50 Palestinian protesters. Turkey then recalled its ambassador from Tel Aviv.
However, relations were getting on track as Israeli President Isaac Herzog visited Turkey in 2022. Later, Netanyahu met with Erdoğan for the first time at the UN General Assembly in New York in September 2023, few weeks before the Hamas attack on October 7.
In response, Israel launched a military campaign in Gaza. Erdoğan labelled Israel a "terrorist state” over the killing of civilians. Turkey has also joined South Africa’s genocide case against Israel at the International Court of Justice (ICJ). Israel has called back their diplomatic staff from Ankara in October 2023.
Turkey is trying to fill the power vacuum in Syria after Bashar al-Assad’s government collapsed in Syria. Israel has carried out hundreds of air strikes in Syria and has occupied parts of Syria. This is also a reason for the growing tensions between the two nations.
ICC’s Action On Netanyahu
The ICC has issued an arrest warrant for Netanyahu on November 21, 2024, for suspected war crimes and crimes against humanity committed during the Gaza conflict.
This warrant has limited Netanyahu’s ability to travel to countries that are part of the ICC. After the verdict, Netanyahu has avoided the airspace of several such countries. ICC has also issued an arrest warrant against Israeli Defense Minister Yoav Gallant.
However, the Trump administration has sanctions on at least 11 ICC officials. This move by the US government is seen as retaliation against the arrest warrant for Netanyahu. US is also not a member of the ICC.
Treatment Of Kurds In Turkey
Currently, Turkey faces criticism over its treatment of the Kurdish minorities. In its report published in 2026, Human Rights Watch said the country has to take steps to provide equal rights to them and for the release of kurdish political leaders.
Notably, the major clash started in 1984 between the Kurdistan Workers' Party (PKK) and the Turkish government. The PKK was aligned with Marxist-Leninist ideology and Kurdish nationalism. Approximately 40,000 people have been killed over four decades during this clash.
The Kurdistan Workers' Party (PKK) has been put under the ‘terrorist organisation’ group by the governments of the USA, the UK and the Turkey. There have been reports of elected Kurdish mayors being removed from their posts.
Meanwhile, both countries are in the worst phase of their diplomatic relationship. On one hand, Turkey is actively seeking action against Israel; on the flip side, Israel wants to retaliate and use this case as a deterrent.
