Why is Israel preparing an ICC case against Erdogan? Kurds, Hamas funding and legal hurdles explained

Israel is preparing a potential ICC case against Turkish President Recep Tayyip Erdogan over allegations involving Kurdish minorities and alleged Turkish government support for Hamas. Here's what the case could involve and the legal hurdles it faces.

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 Department to examine allegations involving Ankara’s treatment of Kurdish minorities and its financial support for Hamas, according to i24NEWS report.

The move comes amid a sharp deterioration in relations between Israel and Turkey and follows Erdogan’s efforts to pursue action against Netanyahu through international mechanisms.

What is Israel's case against Turkish President Recep Tayyip Erdogan?

According to Israeli outlet i24NEWS, the file being prepared by Israel will focus on two broad allegations: “Turkey’s treatment of Kurdish minorities and alleged financial support provided by the Turkish government to Hamas.”

Israeli officials are reportedly examining whether the allegations could form the basis of a case before 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 seek to bring the matter before the court through another route or a third-party state, although legal experts cited in reports have pointed to the complications involved.

Move follows Erdogan's push against Netanyahu

The Israeli initiative comes after Erdogan announced that Turkey had approached Interpol as part of efforts to pursue Netanyahu's arrest.

The developments mark another escalation in an increasingly confrontational relationship between the two governments, with legal and diplomatic pressure now becoming part of the broader dispute.

Israeli officials have reportedly considered the case not only as a potential legal measure but also as a means of putting pressure on Erdogan.

Sources cited by i24NEWS said Israel hopes it will not ultimately have to file the case and that preparing the dossier could itself serve as a deterrent.

The country's Justice Ministry has indicated that Netanyahu has 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-defence minister Yoav Gallant after its investigation into alleged war crimes and crimes against humanity in the Gaza conflict.

The court alleged, among other things, responsibility for the war crime of starvation as a method of warfare and crimes against humanity.

Israel rejected the ICC's jurisdiction and has maintained that the court cannot exercise authority over its citizens because Israel is not a party to the Rome Statute.

Turkey, like Israel, has also not ratified the Rome Statute.

About the Author

Bhanu Pratap is a journalist who reports and writes on foreign affairs, India’s foreign policy, geopolitics and strategic affairs. He closely follows diplomatic developments in New Delhi and has a keen interest in defence and national security.<br> <br> Bhanu also focuses on in-depth, interview-based reports and regularly speaking with experts and policymakers to bring perspectives and context to major developments around the world.<br> <br> He is also interested in stories with strong humanitarian angles.<br><br> One such report examined the cases of Indian nationals who were allegedly recruited and forced into Russia’s war against Ukraine. While reporting the story, Bhanu spoke to the families of those affected and documented their experiences. The report was later taken into account by the United Nations in its findings on human rights violations linked to the war in Ukraine.<br> <br> For Bhanu, the zeal to produce meaningful and impactful journalism remains at the heart of his work.<br> <br>He has previously worked with Firstpost, NDTV, Newslaundry and Republic.<br><br> Bhanu studied at the Delhi School of Journalism, University of Delhi. He initially chose science with plans to pursue engineering, influenced by conventional expectations, but fate had other plans and eventually led him to journalism.<br><br> Beyond the newsroom, Bhanu enjoys exploring culture and history and often spends his days off on heritage walks. He is also passionate about travelling, biking and listening to folk music.<br> <br>For tips, reviews and suggestions, you can reach him at bhanu.pratap@htdigital.in.

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