Master'sOpen Access

Within the jurisdiction of the international criminal court crime of genocide

2024
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Advisor: Dr. Öğr. Üyesi Hakan Gündüz

Abstract (EN)

The changes that started on a global scale after World War II, especially the differentiation of actors in the international arena and the development of international criminal law; It has enabled serious steps to be taken on issues that deeply hurt the international community. The fact that the international political and legal order has become more individual-oriented has paved the way for a person who commits an international crime to be prevented from going unpunished and to be prosecuted, even if he or she is a high-ranking official in the state administration, in this century where we have a modern understanding of the state. In this regard, the International Criminal Court, which was established in 1998 with the Rome Statute, was established to operate in accordance with the principle of complementarity, independence and different in terms of its establishment, benefiting from the experiences of the previously established ad hoc courts (Nuremberg, Tokyo, Former Yugoslavia and Rwanda). In order to protect human rights and dignity and to prevent atrocities against humanity, the Court conducts trials against the crime of genocide, war crime, crimes against humanity, which are stated as international crimes in the Statute, and finally the crime of aggression, which was agreed upon in 2010. The crime of genocide, which is called the "Crime of Crimes" and which, as Sartre stated in his Russell Tribunal studies, is "as old as humanity", was first legally regulated by the Convention on the Prevention and Punishment of the Crime of Genocide, which was made in 1948 by the decision of the UN General Assembly. It is also the first human rights treaty adopted by the UN General Assembly. The crime of genocide, which was also addressed in the statutes of the ad hoc courts established after World War II; It is regulated within the jurisdiction of the International Criminal Court, which was established in 1998. This crime; It is carried out by committing the acts specified as restriction against the groups listed, with the aim of partially or completely destroying individuals belonging to a national, ethnic, religious or racial group solely due to these characteristics. In the light of the statements explained; Under the leadership of people who personally witnessed these sufferings, the crime of genocide, which is a serious crime against humanity, was regulated separately, aiming to prevent these grievances from happening again and to punish the perpetrators. In our thesis, firstly, the establishment process of the International Criminal Court and the jurisdiction of the court will be discussed, and then the history, definition and elements of the Crime of Genocide, one of the crimes within the jurisdiction of the court, will be examined.

Author

Raziye Karakılçık

How to Cite

Raziye Karakılçık (Master Thesis). Within the jurisdiction of the international criminal court crime of genocide, 2024, Hasan Kalyoncu University.

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