Gaza has become a profound test of whether international law can truly stand above political power and apply equally to all
What is happening in Gaza can no longer be seen as simply the result of war. It is an immense destruction of humanity happening before the world’s eyes: killing, displacement, humanitarian suffering, and grave allegations of crimes under international law.
The international community faces a fundamental question: Will international law apply equally to everyone, including powerful political leaders?
On Nov. 21, 2024, the International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, alleging war crimes and crimes against humanity. In theory, these warrants mean that no individual, regardless of political power, is above the law.
The enforcement of the arrest warrant issued against Netanyahu is not only about arresting one individual. It is also a test for the future of international law.
The humanitarian situation in Gaza is severe. Tens of thousands of people have lost their lives. Children and women were killed, hospitals were bombed, families lost their homes, and millions have been displaced. The international community’s silence, while a society's basic means of survival are destroyed, further widened the gap between law and power.
The ICC warrant also creates a striking contradiction. Netanyahu's address the other day from the United Nations podium also has symbolic importance in this regard. On one side, an international court has ordered his arrest on allegations of serious crimes; on the other, a head of government speaking from the podium of the world's largest international organization ...
Where does law begin, and where does political power end? If international law is applied only to weak states, then what we have is not a legal order but a power order.
Türkiye has not approached the Palestinian question as a regional issue but as one concerning the common conscience of humanity. This understanding lies at the foundation of President Recep Tayyip Erdoğan's political stance on Palestine.
What must be done today is to ensure that what happened in Gaza is not allowed to be forgotten. When the images of war fade from the agenda, the suffering of children, women, and civilians will not disappear.
Will the law of the powerful overcome the power of law?
As Netanyahu began speaking, delegates from 77 countries walked out of the United Nations General Assembly chamber. Their departure left large sections of the hall visibly empty, in protest against Israel’s military campaign in Gaza and in support of the growing international recognition of Palestinian statehood. The scene was more than a diplomatic action; it was a powerful expression of the conscience of humanity.
Law is a matter of conscience. Netanyahu is being condemned not only by the decisions of the ICC, but also by the conscience of the nations of the world.
Netanyahu must be arrested. Because the issue is greater than Netanyahu. The issue is whether the common law of humanity can endure, as it is clearly approved by the conscience of humankind.