Topic: Universal Jurisdiction in Crimes against Humanity
Country: Turkey
Delegate Name: Rachel Jacobi
School: Ann Arbor Community High School
Topic page: background guide and all position papers All Turkey position papers GLIMUN 2011 committees
The Republic of Turkey has not signed the Rome Statue and is therefore not subjected to the jurisdiction of the International Criminal Court (ICC). However, under Turkish law, prosecutors are required to investigate any accusation of crimes against humanity if it is filed to the Republic of Turkey. If a prosecutor deems that there is enough evidence against the defendants, a more in-depth investigation could take place that may eventually lead to formal charges. The Republic of Turkey asserts that their own courts have universal jurisdiction to put on trial any individual regardless of nationality, if they are accused of crimes against humanity.
As of February 2009, the human rights organization Mazlum-Der, filed an official complaint against several senior Israeli officials for crimes against humanity specifically against the people of Gaza. Mazlum-Der requested that if any of these officials including: Ehud Olmert, Tzipi Livni, Shimon Peres, Ehud Barak and Gabi Ashkenazi enter the Republic of Turkey, they should be detained.
While Turkey recognizes the success of the International Criminal Tribunal of Rwanda (ICTR) in regard to prosecuting those involved in the Rwandan genocide, The Republic of Turkey fears that under international courts, universal jurisdiction could become corrupted as heads of states or other government officials are prosecuted for political reasons instead of for actual crimes.
The Republic of Turkey believes that committing any crime against humanity is an absolute horrendous and appalling act deserving of punishment. However, Turkey also believes that holding citizens of other nations’ accountable for their crimes should be promoted through the use of individual sovereign nations judicial systems.
