Undermining International Justice

Alongside the United States, China, Russia, India, Indonesia, and Saudi Arabia, Amnesty International has specifically called on Turkey to join the International Criminal Court (ICC). Amnesty issued the statement in its annual "State of the World's Human Rights" report, which also documents the state of human rights in countries across the world. According to Amnesty's Secretary-General Claudio Cordone, "China, India, Indonesia, Russia, Turkey and the U.S. have stood aside from - if not deliberately undermined - international justice efforts." Turkey fell subject to harsh criticism from human rights activists last October when it extended an invitation to Sudanese president Omar al-Bashir to attend a meeting of the Organization of the Islamic Conference (OIC) in Istanbul (see Jan. 20 post).

For Amnesty's Turkey-specific report, click here.

Cake Can Not Be Had and Eaten

Prime Minister Erdogan, addressing a press conference at the Organization of the Islamic Conference (OIC) headquarters in Jeddah this past Wednesday, affirmed Turkey's European vocation while declaring that “Turkey will not lean to either left or right and will not leave its values and principles during its continuous negotiations to join the European Union.”

However, in November, many EU officials were left to wonder just what those principles when Sudanese President Omar al-Bashir was due to attend an OIC meeting in Istanbul. The decision raised the ire of plenty of internationally-conscious Turks with whom I spoke at the time, many of them AKP supporters, and several of whom generally approve of Erdogan. I post this now because I did not have a chance to before, and because Erdogan's praise of the OIC renews the issues' relevance.

The OIC has consistently supported al-Bashir, widely recognized as responsible for crimes against humanity committed in Sudan's Darfur region. (For an example of this support, see this statement fom the OIC to the UN Human Rights Council in 2006, in which the OIC called on the Council "to reflect and respect the views of the Sudanese Government which is cooperating with the human rights machinery" -- this despite the fact that there is plenty of evidence to more than suggest that al-Bashir was not only complicit in crimes against humanity, but may have acted in a planning capacity.) Muslims make up the vast majority of those targeted by paramilitary groups receiving assistance from the Sudanese government. The International Criminal Court (ICC) issued a warrant for al-Bashir's arrest in March.

While the AKP's foreign policy has unequivocally condemned crimes committed by Israel in its invasion of Gaza last January, it has been less keen to raise human rights concerns in regard to Sudan (not to menton Iran). Last March it was widely expected that Turkey would use its temporary seat at the UN Security Council to try to defer the ICC's warrant. This move was followed up in November by plans for the Sudanese leader's visit to represent Sudan at the OIC meeting. While the European Union did not publicly question Turkey's flirtations with intervening on the war criminal's behalf at the Security Council, the OIC meeting proved a different story. Then, the EU made clear to Turkey that it did not approve of Bashir's invitation or its friendly relations with the war criminal. Click here for the story from Hürriyet, and for an international perspective, see this piece from the UAE's the National.

Particularly noteworthy at the time was President Gül's condemnation of EU intervention in Turkish foreign affairs. President Gül has been seen as more Euro-friendly than other AKP leaders, but expressed strong disappoval of "EU meddling." While the AKP's position was that the OIC meeting was not a bilateral meeting between Turkey and Sudan, and that Bashir, as the head of state of a member country, could not feasibly be dis-invited, AKP leaders did not and have not since questioned the OIC's continued support of the war criminal. Most likely under pressure from Turkey, al-Bashir eventually declined the invitation.

However, soon after, Erdogan not only expressed his belief that al-Bashir is innocent of war crimes in Darfur, but said that Muslims could not commit genocide and that crimes in Israel were greater. For a reaction of Erdogan's comments at the time, see Joost Lagendijk's thoughtful column in Hürriyet. Lagendijk is former chair of the EU Parliamentary Committee with Turkey and a long-time supporter of Turkey's EU accession. See also Seth Friedman's column in The Guardian.

Turkey's new foreign policy is said to be centered around creating good relations with all of its neighbors, but eventually, troublesome decisions about human rights will come about. While Erdogan may visit the OIC and express support for it and a vocation for Europe, eventually Turkey will have to deal with where it stands in relation to human rights and realize that those principles -- not exclusively European by any means -- require it to condemn crimes against humanity. Are they not also Turkey's principles? Just as importantly, if they are, these human rights principles call Turkey to use its increasing power and influence for their advancement, including within the OIC. There is nothing inherently inconsistent about Turkey's membership in both institutions, but there will continue to be a nauseating element to the president and prime minister's statements until Turkey makes it clear what its principles are, and just what it will do to uphold them.


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And, as a germane aside, around the same time Erdogan made these comments, he said Turkey would reconsider signing the Rome Statute establishing the ICC if it were to be amended to include terrorism a crime under its jurisdiction. Shortly after, the Dutch proposed an amendment doing just this. The proposal will be formally made at the ICC's review conference in Kampala next June. For some background on this, in Rome, states parties discussed adding terrorism and drug trafficking as crimes justicable under the Court's jurisdiction, but decided not to. There has also been discussion of making pre-emptive war a crime under the Statute as well. Any amendment must be approved by 2/3 of States Parties to the Statute.

In 2004, Erdogan promised to sign the Rome Statute and push for ratification. The Justice and Foreign Ministries assembled a working group while the Foreign Ministry began drawing up plans for ratification following the prime minister's 2004 promise. However, officials in the Justice Ministry ended up opposed (see previous posts). There has been a great deal of mis-information about the ICC by opposition in the Turkish media, including that the Court may try Turkish soldiers involved in the 1974 invasion of Cyprus. (The Court has no jurisdiction over crimes predating its establishmnet in July 2002.) Turkey's signature and ratification are squarely in the hands of the government, which again, expressed in its August 2008 National Program for the Adoption of the Acquis (NPAA) that it planned to join the ICC, which the EU has long called on Turkey to do. Whether it happens, like Turkey's EU membership, is another thing entirely.

Turkey and the ICC

The Parliamentary Council of Europe (PACE) issued a resolution yesterday calling on Turkey to sign and ratify the Rome Statute establishing the International Criminal Court (ICC). Turkey is among eight of 48 Council of Europe countries -- including the Russian Federation, Ukraine, the Czech Republic, Armenia, Azerbaijan, Moldova and Monaco -- not to have ratified the Rome Statute. The resolution also urges all Council of Europe countries to fully cooperate with the ICC, addressing specific obligations States Parties have in so doing.

German MP Dr. Herta Daubler-Gmelin, chair of the Legal and Human Rights Committee of PACE, spearheaded the resolution alongside a report documenting the progress the ICC dossier has made in a number of Council of Europe countries, especially Turkey and the Czech Republic. MPs from Turkey endorsed the resolution, which also called on the United States, as an observer in the Council, and Israel, as an observer in PACE, to sign and ratify the Rome Statute.

Although ratification of the Rome Statute is not included in the Copenhagen Criteria, the ICC is part of the Common Foreign and Security Policy. Turkish ratification of the Rome Statute would go a long way in proving that Turkey is intent to act in accordance with the foreign policy principles adopted by EU member states, and further bolster support for its accession inside Europe. And, the issue of European accession aside, it would also go along way in garnering support for Turkey in its campaign against the PKK, allaying concerns of human rights activists that Turkey continues to subordinate human rights in its struggle against the terrorist organization -- and, in doing, often violates the rights of Kurdish citizens.

In 2004, Turkey amended Article 38 of the Constitution to allow for the extradition of Turkish citizens to the ICC. At the time, Prime Minister Erdogan stated that Turkey would be ratifying the Rome Stature in the near future. However, in January 2008, Erdogan reversed this position, citing concerns that Turkish assent might compromise its ability to deal effectively with the PKK. To add insult to injury, this past summer Turkey hosted Sudanese President Omar al-Bashir, who is currently facing prosecution by the Court for war crimes committed in the Sudanese genocide.

In yet another turn, AKP included ratification of the Rome Statute in its third harmonization package. CHP and MHP are opposed to ratification on the same grounds Erdogan presented last January, citing concern that the Rome Statute does not include terrorism within its jurisdiction. For a statement from the UN as to why this is so, click here.

As it has in the United States, the ratification to the ICC becomes fodder for nationalists, many of who launch misinformation campaigns about the Court. As evidenced by earlier resistance from Ali Sahin and the Justice Ministry, it is also important to impact that support for the Rome Statute is not universal among AKP politicians. This row within AKP and Erdogan's folding in January 2008 evinces deeper divisions within the party between hardcore nationalists and liberal reformers.

The Rome Statute enjoys enormous support within DTP and the Kurdish southeast. It also enjoys widespread support among Turkish civil society. According to TDZ, "As part of a campaign initiated by Amnesty International Turkey in 1997, a national coalition of NGOs, including the TİHV, the Association of Human Rights and Solidarity for Oppressed Peoples (MAZLUM-DER), the Human Rights Agenda Association, the Human Rights Association (İHD) and the Helsinki Citizens' Assembly, are also lobbying for the ratification of the ICC treaty."


UPDATE 1/31 -- Click here for a recently issued press release from the Coalition for the International Criminal Court (CICC) on the PACE resolution.

UPDATE 2/4 -- The Coalition for the International Criminal Court has selected Turkey as this month's target in its universal ratification campaign (URC). To encourage Turkey's government to sign onto the Rome Statute, click here.

Turkey a State-Party to the ICC? (İnşallah.)

Also, part of that third harmonization package . . .

From Today's Zaman:

Turkey has plans to ratify the Rome Statute of the International Criminal Court (ICC), the treaty which created the first permanent global court capable of trying individuals accused of genocide, crimes against humanity and war crimes, as part of the government's new European Union reform package, but the move has already produced heated debate.

Opponents of the treaty are concerned that members of the military who were involved in Turkey's fight against terrorism and soldiers who carried out the Cyprus Peace Operation could be tried by the court.

[This is ludicrous because the ICC only has jurisdiction of crimes committed after 1 July 2002, but such nonsensical criticisms are typical and, as is the case here, often go uncorrected when reported in the Turkish media.]

The Justice Ministry and the Foreign Ministry had a falling out over the issue in 2007, but the Justice Ministry prevailed in convincing Prime Minister Recep Tayyip Erdoğan not to sign the treaty. Turkey declared at the time that it would not sign the treaty unless the court has jurisdiction over the crime of terrorism. With this demand Turkey intended to ensure that high-level members of the outlawed Kurdistan Workers' Party (PKK) who reside in European countries are tried by the ICC, but the EU rejected this demand.

. . . .

The EU has issued repeated calls for Turkey's ratification of the Rome Statute, which it sees as an essential component of the democratic model and values of the EU since Turkey is the only EU candidate country that has not ratified the treaty.

In a statement before the Council of Europe Parliamentary Assembly (PACE) on Oct. 8, 2004, Erdoğan declared, "Turkey will soon approve the Rome Statute … and will become part of the International Criminal Court coalition."

In February 2005 an international coalition of more than 2,000 nongovernmental and civil society organizations, the Coalition for the International Criminal Court (CICC), in a campaign initiated by Amnesty International called on the Turkish government to ratify the Rome Statute.

The CICC also noted the advances made in Turkey regarding constitutional amendments, in particular the amendment to Article 38 that allows for the extradition of Turkish citizens to the ICC, as well as the full abolition of capital punishment, limitations on the Turkish military's authority and strengthening of press freedom. The group stated that in early 2004 Turkey also joined the Friends of the ICC, a group of states that work to support the goals of the ICC.

Following Erdoğan's promising statement before PACE, the Foreign Ministry started preparations for ratification, but since the Justice Ministry opposed the move, preparations were suspended.

The world's first permanent criminal court, the ICC was established in The Hague, the Netherlands, on July 1, 2002, when the Rome Statute entered into force. The court does not have jurisdiction over any crimes prior to that date. The ICC may also have jurisdiction in situations referred to it by the UN Security Council. In accordance with the court's principle of complementarity, however, the ICC will only act when national courts have been unable or unwilling to do so. The court's chief prosecutor last month requested an arrest warrant for Sudanese President Omar Hassan al-Bashir on charges of genocide, war crimes and crimes against humanity in Darfur.

Justice Ministry officials have stressed that all high-level officials who have been involved in the fight against PKK terrorism since the treaty went into force could be tried at the ICC. They say the PKK's upper ranks have been preparing to ask the ICC to prosecute Turkish commanders fighting the terrorist organization in Turkey's East and Southeast. In addition, opponents of the treaty bring up the example of the United States, which refuses to ratify the Rome Statute.

Among the several international civil society groups that have demanded Turkey ratify the treaty are Amnesty International, Human Rights Watch (HRW), Parliamentarians for Global Action, the Turkish Human Rights Foundation (TİHV) and the Helsinki Citizens' Assembly. As part of a campaign initiated by Amnesty International Turkey in 1997, a national coalition of NGOs, including the TİHV, the Association of Human Rights and Solidarity for Oppressed Peoples (MAZLUM-DER), the Human Rights Agenda Association, the Human Rights Association (İHD) and the Helsinki Citizens' Assembly, are also lobbying for the ratification of the ICC treaty.

For the full article, click here.

As expected, CHP and MHP, opposition parties controlled by ultra-nationalists, are opposed to the Rome Statute on the grounds that it means the surrendering of a significant amount of Turkish sovereignty to an international body. As evidenced by the Justice Ministry's resistance, it is also important to impact that support for the Rome Statute is not universal among AKP politicians. AKP is by no means immune from similar nationalist sentiments. The Rome Statute has enormous support within DTP and the Kurdish southeast.

Turkey's ratification of the Rome Statute would prove a monumental development for the advancement of human rights, and would go a long way in providing structure to the Turkish state's handling of the Kurdish question and possibly prevent the kind of abuses that occurred in the 1990s.

To endnote, see the ICC's explanation of why terrorism is not addressed within the jurisdiction of the ICC.

Gül Hosts Genocidaire

PHOTO FROM Today's Zaman

From the Turkish Daily News:

Turkey came under fire yesterday for hosting the controversial leader of Sudan for a summit of African leaders in Istanbul.

The visit by Omar al-Bashir marks his first trip abroad since the International Criminal Court accused him in July for charges of genocide, war crimes and crimes against humanity.

Yavuz Önen, president of the Human Rights Foundation of Turkey, condemned the government for inviting al-Bashir to Turkey for a second time.

“While the Sudanese leader is facing serious charges at an international court, the political support the authoritarian leader receives in Turkey is something that he does not deserve,” said Önen.

He also criticized Turkey for not signing the treaty that founded the International Criminal Court and said, “Why is Turkey running away from being a party to an international convention? This is rather controversial.”

As Turkey is not a party to the treaty, Turkish authorities are unlikely to arrest al-Bashir even if the court's international prosecutor is able to issue a warrant.

İlter Turan, a political scientist at Istanbul's Bilgi University, said no matter what its interests were Turkey should not have hosted a leader who is not approved of by humanity. Ankara wants to boost ties with the African continent and is also seeking the votes of African countries for its bid to secure a temporary seat at the U.N. Security Council.

“This drags Turkey into the front of wrong countries and impairs its image abroad,” he added.

To make matters worse, al-Bashir denied the genocide on Turkish soil and claimed the ICC charges and criticism from human rights activists worldwide were part of a Western conspiracy against his regime.

Shame, shame indeed, and especially at a time when Turkey should be moving to further its human rights image abroad. Turkey has not ratified the Rome Statute despite promises made by Prime Minister Erdoğan to the Council of Europe's Parliamentary Assembly (PACE) in 2004 that it would do so.

PHOTO FROM the New York Times
PHOTO FROM Brian Steidle

The village of Um-Ziefa is being burned by Janjaweed rebels receiving telecommunications and other logistical assistance from the Sudanese state.


Click here for a letter from HRW concerning al-Bahir's visit.

For more on the Darfur genocide and the crimes of al-Bashir, click here for a website Amnesty Internatinal has put together to document the atrocities.