The turkish stance is akin to an early declaration of war. The Turks are playing with issues that less a matter of legality and more a matter of 'flexing muscle'. The Turks need to be careful as a counter claim would be just as easy to make to the ICJ regarding their discriminate policy towards Kurdish militants and its affect on Kurdish civilians. If the Turks carry on with this stance it could and probably will escalate should there be a navel conflict between Israeli and Turkish navy's.
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from the article: Turkey to refer Israel's blockade of Gaza Strip to The Hague