volkan mavis

In many respects, Turkey is an exception among Muslim countries. Whilst being a secular democratic state, Turkey still struggles, however, with some remnants of its religious and socio-cultural heritage. The issue of forced marriage of children is one of those issues. Marriage is commonly defined as a union concluded by parties with their full and free consent. If consent is lacking, a forced marriage occurs. In the case of a forced marriage, consent is lacking because one of the prospective spouses does not give her/his consent freely, or sometimes because she/he is incapable of giving consent because of her/his age. As a founding member of the Council of Europe, Turkey not only ratified the European Convention on Human Rights (ECHR) in 1954 and Protocol Nr. 1, but it has also ratified many of the core international documents on human rights and the rights of children, such as the U.N. Convention on the Rights of the Child, the U.N. Convention on the Elimination of All Forms of Dis...

Crimes against humanity are as old as humanity itself. However, the expression can be traced dating back a century. After the birth of the concept, international criminal law has covered a long distance by courtesy of international tribunals. The defi nition of the crime has evolved and the practice has been modifi ed. On the other hand, Turkish Criminal Code system has fallen outside the developments in the international area. Although, including of international crimes in the Code is an admirable enterprise, the defi nition of crimes against humanity must be restructured in the light of international standards. Firstly, the list of prohibited acts must be enhanced. Secondly, discriminatory intent and requirement for systematic attack must be excluded from the text

Uluslararasi Ceza Mahkemesi, 2002’de kurulmasindan bu yana failleri ve azmettirenleri adalet onune getirmekte sorunlar yasamakta. Ozellikle hukuksal, usule iliskin ve ekonomik icerikli bu sorunlara yonelik pek cok cozum yontemi tartisilmis bulunmaktadir. Uzlasma kurumu da bu cozum yontemlerinden birisidir. Gerek ic hukukta gerekse uluslararasi hukukta tartismali olan bu kurum, Eski Yugoslavya Uluslararasi Ceza Mahkemesi ve Ruanda Uluslararasi Ceza Mahkemesi gibi diger uluslararasi mahkemeler tarafindan uygulanmaktadir. Ote yandan, uzlasma kurumunun hatali kullanimi hukukculari kuskuya sevk etmistir. Bu makalede, Uluslararasi Ceza Mahkemesinin uzlasma kurumunu kabul etmesi ihtimali tartisilacaktir. Bu baglamda, dunyanin en agir ihlallerine karsi magdurlara adalet sunulmasi bakimindan kurumun olumlu ve olumsuz yonleri incelenecektir