Will the Gaza Flotilla Dispute Go to the ICJ?
The Jerusalem Post reports that the Turkish government, in collaboration with Hamas, is considering applying to the International Court of Justice over the Gaza Flotilla incident.
The agreement to work together against Israel reportedly came in a Thursday telephone conversation between Turkey’s justice minister, Sadullah Ergin and his Hamas counterpart, Muhammad Faraj Al-Ghoul.
As the article points out, it is far from clear how the ICJ could get a case involving Israel and Turkey because neither state has accepted the compulsory jurisdiction of the ICJ. (For that matter, neither state has accepted the jurisdiction of the ICC either). The only way this case gets to the ICJ is as an advisory opinion referral. This could happen. I wonder if Israel would put up a defense. They have some pretty strong legal arguments. But is the ICJ biased against Israel? The 2004 Wall judgment doesn’t inspire confidence from Israel’s point of view, but the membership of the Court has changed. And I think that Israel would have a better chance at the ICJ than in the court of world media opinion.