Just a month into the war, at the Saudi King's "gentle request", leaders from all Arab and Islamic states convened for an "extraordinary" meeting. Their discussions yielded no concrete results, eliciting a dismissive retort from Netanyahu: "Stay silent to protect your power and interests."

While the Palestinian populace struggles, political leaders seem to prosper from the Palestinian cause. This contradiction resurfaced in Erdoğan's recent speech, reigniting questions about Netanyahu's liability for alleged war crimes. IYI Party's (the Good Party) Legal and Justice Policies head, Ahmet Zeki Üçok, a retired military judge, has been delving into this. I sought his insights.

"War crimes aren't specialized; anyone can perpetrate them," Üçok began, referencing the Geneva Conventions' war law rules:

"Let's try to explain by going through concrete events. On October 17, Israel's attack on the al-Ahli Baptist Hospital resulted in the death of approximately 500 people. Article 18 of the convention explicitly states 'civilian hospitals organized for the treatment of the wounded, sick, infirm, and maternity cases, shall not be attacked under any circumstances', thereby categorizing the bombing of hospitals as a clear war crime. Despite Article 23 of the same convention stating 'Even if the enemy is present, it shall allow the free passage of all kinds of medicines and sanitary supplies exclusively for the civilian population, as well as religious supplies', Israel has closed Gaza to the world from the first day and committed war crimes by not allowing the passage of humanitarian aid."

According to Üçok, Israel violated Article 49 of the convention by evacuating the north of Gaza and breached Article 54 by bombing electricity and water facilities.

Both Netanyahu and Hamas could be prosecuted

Then, who will administer the penalty for these actions?

According to Üçok, Israel, as a state, can be tried at the United Nations Court of Justice; decision-makers such as Prime Minister Netanyahu, cabinet members, and the chief of staff can be prosecuted at the International Criminal Court (ICC). However, Üçok adds:

"Since the State of Israel has not accepted the jurisdiction of the UN Court of Justice, it cannot be tried there."

Üçok believes that the ICC can prosecute all those responsible for war crimes, including Netanyahu:

"Starting with Israeli Prime Minister Netanyahu, all government cabinet members, the chief of staff, commanders of the land, air, and naval forces, pilots participating in the bombardment, artillerymen, tankers, soldiers, as well as Hamas leader Ismail Haniyeh and senior executives responsible for killing and capturing more than 1,400 Israeli civilians, can be tried and punished at the ICC."

Only One Way, But...

Erdoğan said to Netanyahu, "We will declare you a war criminal to the world; we are preparing for this." But how?

"Erdoğan's rhetoric is essentially political posturing with no legal foundation," says Üçok. After reading Article 12 of the ICC Statute, he outlines the path to prosecuting Netanyahu:

"On December 31, 2014, Palestinian President Mahmoud Abbas signed the Rome Statute. On January 1, 2015, Palestine notified the ICC that it 'accepts the court's jurisdiction over crimes committed in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014.' Under Article 126(2) of the Statute, the Rome Statute came into force for Palestine on April 1, 2015. Therefore, the President of Palestine may apply to the ICC to prosecute war crimes committed by Israelis in Palestinian territories."

In short, Netanyahu's prosecution can only be initiated at the ICC and upon Mahmoud Abbas' application. Even if this is conceivable, it's not very likely. The ICC chief prosecutor had previously initiated an investigation upon Abbas' request, and on April 8, 2021, the Israeli government announced its decision not to "cooperate" with the investigation and did not accept the court's jurisdiction. Moreover, US President Trump imposed financial sanctions and a visa ban on ICC Prosecutor General Fatou Bensouda, who initiated an investigation into war crimes committed by US troops in Afghanistan. According to Üçok, it's improbable for the ICC, which has authority but lacks power, to try Netanyahu, who could potentially receive a life sentence for each civilian death if tried under Article 77.

Erdoğan's Rhetoric is Empty

Üçok says that Israeli Foreign Minister Cohen said, "We clearly reject the UN General Assembly's despicable call for a ceasefire" regarding the UN General Assembly's draft resolution calling for a humanitarian ceasefire in Gaza, and that Israel did not implement 24 of the 62 resolutions adopted by the Council between 1948 and 2022 on the Palestinian-Israeli conflict. The US, supporting Israel, has vetoed 31 resolutions criticizing Israel since 1972:

"Instead of empty promises and rally rhetoric devoid of legal basis, Mr. Erdoğan should, without wasting any time, remind the world public opinion of the gravity of the Russian-Ukrainian war and the Israeli-Palestinian war and start drawing the attention of the world public opinion to a structural change that will end or limit the veto powers of the permanent representatives. On the other hand, the 120 countries that approved the resolution calling for an 'immediate, permanent and permanent humanitarian ceasefire' in Gaza should take initiatives to minimize their diplomatic relations with Israel."

Coffee will be spilled, hamburgers will be discarded, and proclamations will be made in public squares. The inaction of kings, sultans, and elected officials will continue in the shadow of trade and promises.