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  • Author: Tuba İnal
  • Publication Date: 05-2011
  • Content Type: Journal Article
  • Journal: Uluslararasi Iliskiler
  • Institution: Uluslararasi Iliskiler
  • Abstract: Th is article seeks to explain two related theoretical questions by looking at the treatment of two related practices of war, pillage and rape, by international law: How does change, particularly legalized regime change, happen in international relations and what is the role of “gender” as a category in this process of change? The argument here is that three conditions are necessary for the emergence of a legalized prohibition regime: Firstly, states must believe that they can comply with the prohibition because non-compliance is costly. Secondly, a normative context conducive to the idea that the particular practice is abnormal/undesirable is necessary. Thirdly, actors actively propagating these ideas to promote the creation of a particular regime should exist. The 100-year temporal difference between the emergence of the regimes against pillage and rape reveals the role of gender in this process.
  • Topic: Gender Issues, International Law, War Crimes
  • Political Geography: Global Focus
  • Author: Ozan Değer
  • Publication Date: 09-2009
  • Content Type: Journal Article
  • Journal: Uluslararasi Iliskiler
  • Institution: Uluslararasi Iliskiler
  • Abstract: Genocide, as an act and a violation of law, place at the top of the hierarchy of crimes and is qualified as crime of crimes. Essentially, being evaluated within the frame of international law, this crime gradually has been come within the scope of the national law. Either the conception or the crime of genocide was composed because of the massacres executed during the WWII, mainly. The basic legal arrangement about the crime was passed at 9 December 1948 and come into effect at 12 January 1951 named United Nations Convention on the Prevention and Punishment of the Crime of Genocide. Convention is obliged the states on the prevention and the punishment of the crime of genocide. Since international criminal courts/tribunals are restricted by the principle of individual criminal responsibility and the Convention incurs the obligation on states, the violation of the Convention causes the responsibility of states. This article, under the light of the conceptional and legal frame, discusses the obligations and responsibilities incur by the Convention and the dramatic judgment of the ICJ, in short, the place and situation of crime of genocide and state responsibility at the legal texts and international jurisprudences.
  • Topic: Genocide, International Law
  • Political Geography: Global Focus
  • Author: Ebru Çoban
  • Publication Date: 03-2008
  • Content Type: Journal Article
  • Journal: Uluslararasi Iliskiler
  • Institution: Uluslararasi Iliskiler
  • Abstract: Genocide is a crime which is defined under internatioanal law in the twentieth century and could not come about without the ideological, bureaucratic power of a modern state with is sanctions and modern discources on identities and modern classifications. With a non-modern Picture but with modern techniques of governing Rwanda was a place that genocidal killings occured and is a place of a breaking case for modern theories. Rwanda has modern state characteristics in terms of monopoly of use of violence, giving orders and providing obidience of its people, surveillance, classification and registration of its people, and keeping discourses. Morever, Rwandan culture that gives great importance to obidence and Rwandan geography that is so suitable to surveillance become additional factors. In that sense, Rwandan government could influence to daily life of the people even to the smallest details of anyone. All factors provided a suitable bas efor the crime of genocide.
  • Topic: Genocide, Government, International Law
  • Political Geography: Africa, Rwanda
  • Author: Erdem Denk
  • Publication Date: 09-2004
  • Content Type: Journal Article
  • Journal: Uluslararasi Iliskiler
  • Institution: Uluslararasi Iliskiler
  • Abstract: This study the advisory opinion given by the ICJ regarding the wall being constructed by Israel in the occupied territories. The Court has found that the wall, which is, according to Israel, being constructed due to security consideraions regard,ng terrorist attacks of various Palestinian gropus, is contarry to various principles and rules of international law. The basic justification of the decision is the fact that the wall is being constructed on areas which have the status of "occupied territories". The Court, which wasted the opportunity to assess the relationship between law and the struggle against terrorism, has also failed to deal sufficiently with the merits of the case althought it dwelled on every objection of Israel regarding procedural matters. Although it is a quite apt judgement,the rather general and abstract conclıisons regarding the mertis of the case gave those who criticised the judgement some space to base thier arguments. The Court should have given much more importance to its legal reasonnig regarding concrete breaches of Israel.
  • Topic: International Law
  • Political Geography: Middle East, Israel, Palestine