Pinochet Controversy • Brutal dictatorship in Chile, 1973 -1990. • Spain’s National Court initiated investigations on human rights violations against Spaniards in Chile during Pinochet regime. • Pinochet was arrested in the UK at the request of Spain on murder charges in 1998 • in 2000 British Home Secretary Jack Straw decided that Gen Pinochet can return to Chile • In March 2000, after Pinochet's return, the Congress approved a constitutional amendment which granted him immunity from prosecution
Pinochet Controversy
The International Criminal Court and Sudan President Omar Al-Bashir • ICC issued an arrest warrant for al-Bashir in March 2009, for alleged war crimes and crimes against humanity committed in Darfur • Sudan's President Omar al. Bashir delayed his visit to Turkey for Organization of the Islamic Conference in November 2009 • Turkey and Sudan do not recognize the ICC and the Rome Statue Gul and al-Bashir
Reconfiguration of Political Power in Europe • Issues of exclusive competence, shared competence, and national (complementary) competence. – Exclusive: Common trade policy, monetary policy – Shared: social policy, environmental policy – National: education, culture • EU institutions: – European Commission: represent European interest. One bureaucrat/ state – European Council: represent national interests. Vote weights proportional to population – European Parliament: directly elected. Represent ideological interests. Seats proportional to population
Reconfiguration of Political Power in Europe • Policy-making: – Intergovernmentalism: unanimity in European Council, little role for Commission and Parliament. – Supranationalism: Commission sets agenda, Council decides on majority vote with the Parliament. – Multi-level governance: sharing of decisionmaking between European, national, and local levels.
Turkey and Globalization/ Europeanization 3/19/2018 6
Turkey’s membership to Intergovernmental Organizations (Global) United Nations (UN) (1945) member of UN Security Council (UNSC) 1951 -52 1954 -55 1961 2009 (with 151 votes) International Monetary Fund (IMF), (1947) World Bank (1947) World Trade Organization (WTO), (1995) 3/19/2018 7
Turkey’s membership to Intergovernmental Organizations (Regional) Council of Europe (Co. E), 1949 Assembly President, Mevlut Cavusoglu North Atlantic Treaty Organization (NATO), (1952) Organization of the Islamic Conference (OIC), (1969) Secretary General Ekmeleddin İhsanoğlu Organization for European Economic Co-operation (OECD), (1960) Organization for Security and Co-operation in Europe (OSCE), (1973) Black Sea Economic Cooperation (BSEC), (1992) 3/19/2018 8
Turkey and the EU • Associate country -1963 Ankara Agreement • Customs Union -1995 • Candidate country -1999 • Accession negotiations -2005 3/19/2018 9
Turkey is not a member of … • International Criminal Court (ICC) – a permanent tribunal to prosecute individuals for genocide, crimes against humanity, and war crimes – Its founding treaty is the Rome Statute of the International Criminal Court (1 July 2002 ) – an independent international organization, and is not part of the United Nations system – 110 countries are States Parties to the Rome Statute 3/19/2018 10 – China, Russia, the US, Sudan, Israel are not a
Why do states seek membership of IGOs? • Realist perspective – States are primary actors – International politics is anarchical – States seek to maximize power/ security – Relative gains 3/19/2018 • Liberal Perspective – Growing importance of other actors – Institutions help states override constraints of anarchy • • Solve free-riding Trust Interdependence Transparency – States seek multiple objectives – Absolute gains from 11
Turkey and IGO membership • Cold War context – Balance against the Soviets – Institutional balance with Greeks – Symbolic recognition as a modern/ Western state • Post-Cold War context – Extension of regional influence – Economic anchor: secure inflow of capital and investment – Political anchor: democratic transformation 3/19/2018 12
Turkey and International Human Rights Law Universal Declaration of Human Rights 1949 International Covenant on Economic, Social, and Cultural Rights (2000) –pending ratification International Covenant on Civil and Political Rights (2003) Optional Protocol to the International Covenant on Civil and Political Rights (2004) United Nations Convention on the Elimination of all forms of Discrimination against Women (CEDAW)(1985) Optional Protocol to CEDAW (2002) United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), (1988) Article 90 of Turkish Constitution: ‘International agreements duly put into effect bear the force of law… In case of a conflict between an international agreements in the area of fundamental rights and freedoms…and the domestic laws…, international agreements shall prevail’ -amended 2004 3/19/2018 13
Turkey and European Human Rights Law • European Convention on Human Rights (1954) • Accepted the right to apply individually to European Court of Human Rights (ECt. HR) (1987) • Recognized the compulsory jurisdiction of ECt. HR (1990) • Turkey before the ECt. HR: – Total number of judgements: 2 295 – Judgements finding a violation: 2 017 (18. 81%) 3/19/2018 – Pending cases: 13 115 (11%) 14
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