A YEAR AFTER FLOTILLA “INCIDENT,” TURKEY PREPARES TO TAKE ISRAEL TO THE INTERNATIONAL COURT OF JUSTICE

By Adom M. Cooper
Impunity Watch Reporter, Middle East

ANKARA, Turkey–After its disgust and continued severing of ties with Israel, Turkey has formally declared that it will apply sometime next week for an investigation by the International Court of Justice (ICJ). This application arises over concerns that Israel’s naval blockade of Gaza is illegal. In addition, Foreign Minister Ahmet Davutoglu confirmed, through Turkish state-run television, his nation’s support for efforts to win recognition for a Palestinian state through the United Nations.

The Turkish vessel, Mavi Marmara. (Photo Courtesy of NYT)
The Turkish vessel, Mavi Marmara. (Photo Courtesy of NYT)

“All military agreements have been suspended. Our aim here is not to hurt the historical friendship between Turkey and Israel, but, on the contrary, to redirect the current Israeli government as to correct a mistake that does not correspond with their exceptional friendship.”

On 02 September, Turkey continued to separate itself from Israel by ejecting Israel’s ambassador, Gabby Levy, and freezing military agreements with Israel. This separation comes after a UN report detailed the killing of nine individuals, eight Turks and one American of Turkish-descent, during an Israel raid on a Gaza-bound ship nearly 16 months ago.

The Israeli navy intercepted Mavi Marmara, the Turkish-flagged ship, in international waters as it was trying to reach Gaza’s coast on 31 May 2010. The nine individuals who lost their lives were reportedly pro-Palestinian activists. The deaths of these nine individuals did not elicit an apology from Israel in any fashion.

Israeli military officials reported that its commandos fired live rounds only after being attacked with the likes of clubs, knives, and guns. But activists on board Mavi Marmara said that the commandos started firing from the moment that they hit the deck.

Israeli Deputy Foreign Minister Danny Ayalon has held the position since the incident that his country has nothing to apologize for, although expressed “regret for the loss of life.” He shared these sentiments about the developing situation.

“They were not ready for a compromise and kept raising the threshold. I think we need to stay to the Turks: as far as we are concerned, this saga is behind is. Now we need to cooperate. Lack of cooperation harms not only us, but Turkey as well.”

The UN Secretary-General has urged Turkey and Israel to improve their diplomatic ties and that both sides should accept the recommendations of the UN report. Turkey has continually held the position that Israel should end its blockade of Palestinians residing inside Gaza.

Former New Zealand Prime Minister Geoffrey Palmer and former Colombian President Alvaro Uribe prepared the UN report. But Turkish Foreign Minster Davutoglu made the point that the report had not been endorsed by the UN and consequently, was not binding. Thus, Turkey is in pursuit of the ICJ.

“What is binding is the ICJ. This is what we are saying: let the ICJ decide.”

The UN report detailed that Israel’s decision to board the vessels “with such substantial force at a great disctance from the blockade zone and with no final warning immediately prior to boarding was excessive and unreasonable.”  The report came to the conclusion that the Israeli blockade was a “legitimate security measure in order to prevent the entering of weapons into Gaza by sea.”

Turkish Foreign Prime Minister Davutoglu firmly disagreed with this conclusion and noted that it directly contradicted the UN Human Rights Council’s findings. Also, Turkish officials have declared that they will pursue criminal charges against Israeli officials responsible for the killings.

“We will start the application process to the International Court of Justice within the next week, for an investigation into what the Gaza blockade really is.”

Israeli Prime Minister Benjamin Netanyahu had strong words regarding the situation.

“We do not need to apologize that the naval commandos defended themselves against the violent activists. I hope a way can be found to overcome the dispute with Turkey. Israel never wanted its relations with Turkey to deteriorate and now too Israel is not interested in a deterioration in relations. But as well as this I repeat: The state of Israel expresses regret at the loss of life.”

Turkish Prime Minister Recep Tayyip Erdogan, revered in the much of the Muslim world for lionizing the Palestinian plight, is expected to take a trip to Egypt later this month that could further increase tensions with Israel. There is widespread speculation that Erdogan will travel to Gaza through Egypt’s Rafah border crossing as a political statement.

Foreign Minister Davutoglu issued a warning that the dormant democratic forces awakened by popular unrest in the Middle East would certainly fester hostility towards Israel unless it changed its policies.

“Israel has to make a choice; the Arab Spring will bring about a significant enmity against Israel it if fails to change its attitude regarding regional issues.”

It is evident that Turkey’s solicitation of the International Court of Justice may have regional consequences that reverberate much further than its current disagreement with Israel.

For more information, please see:

CNN-Netanyahu: Israel won’t back down in Turkey confrontation-04 September 2011

The Guardian-Israel and Turkey: sailing into choppy waters-04 September 2011

Reuters-Israel’s Netanyahu says won’t apologize to Turkey-04 September 2011

Al-Jazeera-Turkey to take Israel to ICJ-03 September 2011

BBC-Gaza flotilla: Turkey to take Israel to UN court-03 September 2011

NYT-Turkey Expels Israeli Envoy in Dispute Over Raid-02 September 2011

Author: Impunity Watch Archive