Uluslararası Suçlar ve Tarih / International Crimes and History - Sayı / Issue: 25

Uluslararası Suçlar ve Tarih / International Crimes and History

Number : 25
Year : 2024
Price : 30.00 TL

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Editor's Note

As we mark the 25th publication of Uluslararası Suçlar ve Tarih / International Crimes and History (UST/ICH), we reflect upon a year characterized by significant geopolitical shifts and pivotal legal advancements that continue to shape our global landscape. This milestone edition underscores our commitment to deep scholarly exploration, addressing complex international conflicts, crimes, and mechanisms for conflict resolution, amidst evolving global dynamics.

In 2024, several significant developments have underscored the urgency and relevance of our journal's focus on inter-communal, inter-ethnic, inter-religious, and international conflicts, along with conflict resolution practices. The Near East and Africa region continues to grapple with intense conflicts, notably in Gaza, where a significant humanitarian crisis escalates, highlighting the complexities of regional stability and international responses. Meanwhile, the persistent Ukraine-Russia conflict remains a focal point of international tension, influencing global geopolitics as there no signs of ending the ongoing military engagements.

The year is also marked by a global elections supercycle, anticipated to reshape geopolitical landscapes and potentially intensify international conflicts. Additionally, the role and rights of victims in judicial responses have taken center stage at the International Criminal Court (ICC), reflecting ongoing efforts to fortify international legal frameworks and accountability mechanisms.

This edition continues our tradition of scholarly excellence, significantly enriching the discourse on contemporary international conflicts and legal challenges. Through this exploration, we hope to inspire new ideas and perspectives in addressing the challenges that lie ahead in international relations and legal frameworks.

The commentary section of the 25th issue features an commentary article by Ambassador (R) Oğuz Demiralp titled “The Palestine Issue and International Judiciary.” In this piece, Demiralp evaluates how the interplay of power politics and the rule of law shapes international relations, particularly highlighted by the Israel-Palestine conflict. Despite the establishment of international legal bodies post-World War II aimed at fostering global order, Demiralp illustrates their limitations through the ongoing challenges in enforcing United Nations resolutions on Israel, compounded by U.S. support of Israel's stance. This commentary complements the special issue by probing the effectiveness of international legal frameworks in resolving deep-rooted geopolitical conflicts.

The article in the "The Cases Before International Courts" section titled "The Evolution of Genocide Law: An Examination of the Role of the Bosnian War" by Gözde Kılıç YAŞIN delves into the 1992-1995 Bosnian War's profound impact on international genocide law. This piece critically explores how the war shaped the enforcement of the Convention on the Prevention and Punishment of the Crime of Genocide and its broader implications on the international legal framework. By analyzing key court decisions, the article highlights the challenges of balancing legal responsibilities, state sovereignty, and the politicization of genocide within the international community. This commentary is pivotal to the special issue as it exemplifies how historical conflicts influence contemporary international law and justice systems, underscoring the ongoing relevance of the Bosnian War's legacy in addressing global legal challenges.

The special section in this 25th issue of Uluslararası Suçlar ve Tarih / International Crimes and History (UST/ICH), titled " Historical Legacies and Their Impact on Modern Legal Systems and Identity Politics" examines the profound influence of historical legacies on contemporary global issues. Focusing on regions like the Levant, Asia, and Africa, it explores the enduring effects of colonialism, the roots of ethnic and cultural conflicts, and their impact on current human rights issues. Articles delve into the philosophical roots of dehumanization and colonial practices, linking past events to today’s geopolitical challenges and justice systems.

In the special section, the first research article by Soner Tauscher and Yiğit Cem Eskicioğlu titled, “Ancient Origins of Dehumanization and Its Impact on the Enlightenment,” explores the roles of prominent Western philosophers in shaping views on race, slavery, and human nature. It examines how these views have fueled modern racism and dehumanization, analyzing the philosophical texts of Ancient Greek and Enlightenment thinkers and their impact on social hierarchies and exploitation.

The second research article by Yekta K. Noyan titled, “Colonialism, German Experience and Reflections on History—South Africa as a Case Study,” investigates the South African colonial experience in the early 20th century. It compares these dynamics to extermination policies during the Wilhelmine and Nazi eras in South West Africa (SWA). The article examines the conditions that lead to extermination policies and the factors influencing such decisions.

In the special section, the third research article by Yusuf Halil Calip titled, “Evolution and Reasons of the Distinct Hong-Kong Identity in the Historical Process,” delves into the development of Hong Kong's unique identity. The study provides a historical analysis of how special laws and treaties have shaped Hong Kong's distinct path, separate from mainland China's policies. It examines the socio-political factors influencing the strained relations between Hong Kong and the PRC today.

Celebrating our 25th issue, we aim to build on our legacy, offering enlightening insights and inspiring discussions that advance understanding of complex global issues. We extend our best wishes for the coming year and look forward to continuing our journey of exploration and understanding in the years to come.

Index
 
 
 
 
 
 
 
 
 
 
 
YORUM/COMMENTARY
 

Demiralp, Mustafa Oğuz. “Filistin Sorunu Ve Uluslararası Yargı / The Palestine Issue And International Judiciary .” Uluslararası Suçlar ve Tarih Dergisi / International Crimes and History Journal 25 (2024): 17–26.

DOİ: 10.54842/ustich.1530808

 

ULUSLARARASI MAHKEMELERDE GÖRÜŞÜLEN DAVALAR / CASES BEFORE INTERNATIONAL COURTS

Kılıç Yaşın, Gözde. “Soykırım Hukukunun Evrimi: Bosna Savaşının Rolü Üzerine Bir İnceleme / The Evolution Of Genocide Law: An Examination Of The Role Of The Bosnian War.” Uluslararası Suçlar ve Tarih Dergisi / International Crimes and History Journal 25 (2024): 27–71.

DOİ: 10.54842/ustich.1436952

 

ÖZEL BÖLÜM : TARİHSEL MİRASLAR VE BUNLARIN MODERN HUKUK SİSTEMLERİ VE KİMLİK POLİTİKALARI ÜZERİNDEKİ ETKİLERİ

Tauscher, Soner; Eskicioğlu, Yiğit Cem. “İnsandışılaştırmanın Antik Kökenleri Ve Aydınlanma Dönemine Etkisi / Ancient Origins Of Dehumanization And Its Impact On The Enlightenment.” Uluslararası Suçlar ve Tarih Dergisi / International Crimes and History Journal 25 (2024): 73–106.

DOİ: 10.54842/ustich.1342677

Noyan, Yekta K.. “ Colonialism, German Experience And Reflections On History- South Africa As A Case Study / Sömürgecilik, Alman Deneyimi ve Güney Afrika Örneği Üzerinden Diğer Sömürgecilik Deneyimleri ile Karşılaştırılması.” Uluslararası Suçlar ve Tarih Dergisi / International Crimes and History Journal 25 (2024): 107–169.

DOİ: 10.54842/ustich.1439106

Calip, Yusuf Halil. “Tarihsel Süreç İçerisinde Ayrıksı Hong-Kong Kimliğinin Gelişimi ve Nedenleri / Evolution and Reasons of the Distinct Hong-Kong Identity in the Historical Process.” Uluslararası Suçlar ve Tarih Dergisi / International Crimes and History Journal 25 (2024): 171–195.

DOİ: 10.54842/ustich.1357622

Authors
Mustafa Oğuz Demiralp, (January 22, 1952, İstanbul), Turkish diplomat, Ambassador (R). Graduated from the Lycée Saint-Joseph, French High School in İstanbul on July 1971 and the Middle Eastern Technical University on January 1976. He served as Special Advisor to the Minister of Foreign Affairs (1997-2000); Ambassador/Permanent Representative to the World Trade Organization (WTO) (2000-2002), Vice President of the UN Conference on Trade and Development (UNCTAD) Council, Chairman of the WTO Trade and Investment Working Group, Chairman of the WTO Trade and Environment Committee; Ambassador/Permanent Representative to the European Union (EU) (2002-2005); Ambassador/Secretary General for EU Affairs (2005-2009); Ambassador to Bern (2009-2010); Ambassador/Permanent Representative to the UN Geneva Office (2010-2013) and Ambassador to Mexico (2014-2017). Speaks English and French. He is married and has two children.
 
Gözde Kılıç Yaşın graduated from Ankara University Faculty of Law in 1998. She completed her Master’s degree in General Public Law at the same university with a thesis titled "The Nation-State in the Face of Globalization" and earned her Doctorate with a thesis titled "Genocide from the Perspective of General Public Law: An Examination within the Framework of the Bosnia-Herzegovina vs. Serbia Genocide Case." She works in the fields of international law, public law, geopolitics, geostrategy, war crimes, migration, asylum, theostrategy with a focus on the Orthodox world, terrorism, water issues, energy resources, and energy transmission lines. She follows political, commercial, legal,
and social developments specifically in the Balkan countries, Cyprus, and the Eastern Mediterranean, and also conducts future planning studies in light of political forecasts. She is a faculty member at Bilecik Şeyh Edebali University.
 
Soner Tauscher completed his undergraduate and graduate studies at Ludwig-Maximilian University of Munich. He received his PhD from Sakarya University Department of Political Science and Public Administration in 2020 with his thesis "Relations between moral-rightpolitics in the Western and Islamic world of thought: A bioethical discussion." Tauscher is a faculty member at the Department of International Relations and director of the Diaspora Research Center at Sakarya University. His research interests include human rights, international migration, far-right, diaspora, and Islamophobia.
 
Yiğit Cem Eskicioğlu graduated from Istanbul Bilgi University, Department of Political Science in 2015. He completed his MA in International Relations at Sakarya University with his thesis titled “Social Memory and Diasporic Identity in the Turkish Diaspora.” He is pursuing his PhD in International Relations at Sakarya University and working as a research assistant at Sakarya University Diaspora Studies Application and Research Center. His research interests include diaspora studies, Islamophobia, dehumanization, media, and foreign policy analysis.
 
Yekta Kamil Noyan is a Ph.D. student at University of Pretoria Historical and Heritage Studies Department. His academic interests include African diaspora, German colonialism, comparative European and African history. He is a former Fulbright Fellow and holds M.A. degrees from Monterey Institute of International Studies and Loyola University of
Chicago respectively. He is a graduate of Ankara University Department of Social Sciences.
 
Yusuf Halil Calip is a master's student in the International Relations program at the Social Sciences Institute of Ankara University. He is conducting his thesis on the unique position Dubrovnik held in the world system during the 16th century through the Ottoman Empire. CALIP has a strong interest in regional studies of the Balkans, Eurasia, and the Far East, as well as Political History and Turkish Foreign Policy. In 2022, he graduated from the International Relations, Department of the Faculty of Political Sciences at Ankara University, and started his master's studies in the same department that same year. He is currently working as an Assistant Specialist at the Istanbul Mineral and Metals Exporters' Association.