It can, however, only prosecute crimes committed after its establishment. There is no doubt that the coming into existence of the ICC is a milestone in the history of human civilization. It certainly constitutes a most important and effective step toward the prevention of all kinds of crimes against humanity. Out of 192 states that are members of the United Nations, no less than 110 have become party to the ICC by ratifying the treaty, and in 38 the treaty is pending ratification.Since 2003, an estimated 300,000 people have died and over 2.5 million have had to flee their homes due to a conflict in the Darfur region of Sudan. ICC prosecutors have found Sudanese President Omar al-Bashir responsible for crimes against humanity and for war crimes committed against non-Arab Muslim natives by security forces and Janjaweed militias in the country’s Darfur region. In July 2008, they demanded his arrest. In March of this year, the ICC issued a warrant for al-Bashir’s arrest. Parties to the ICC are obliged to arrest him and send him to trial.
That same al-Bashir is expected to come to Turkey to participate in a meeting of the Organization of the Islamic Conference (OIC), which begins today in İstanbul. He has officially visited Turkey twice before -- Ankara in January and İstanbul in August 2008. This is his first visit since the ICC issued the warrant for his arrest. The Turkish government has, however, made it clear that he will not be arrested and sent to trial. Although hosting it, Turkey is not organizing the OIC meeting al-Bahir is to attend, but more importantly, the ICC decision is not binding on Turkey since it is not a party to the court.
It is true, unfortunately, that Turkey shares the shame of not being a party to the ICC, alongside such countries as the United States, Russia, China and India. The official reason given for Turkey’s abstention from adopting the Rome treaty has been its demand that terrorism crimes also be incorporated into the ICC’s jurisdiction. Perhaps an undeclared reason is also Ankara’s preference to avoid conflicting with members of the OIC and Arab League on the issue of al-Bashir, although many of these countries have either signed or ratified the ICC treaty. Perhaps another undeclared reason is that those who administer Turkish foreign policy are not convinced that al-Bashir has committed the crimes he is wanted for by the ICC. (Prime Minister Recep Tayyip Erdoğan, in a meeting of the Arab League he participated in as a guest in April 2006 in Sudan’s capital, Khartoum, declared that since Islam rejects “tribalism and nationalism,” “assimilation and genocide” were not possible in Darfur.)
Turkey disgracefully remains the only country among European Union members and candidates for membership that is not party to the ICC. Prime Minister Erdoğan, however, as early as October 2004, reiterated in a meeting of the Parliamentary Assembly of the Council of Europe (PACE) that the new Turkish Penal Code (TCK), adopted in May 2004, stipulates the prosecution of those responsible for crimes of genocide, crimes against humanity and war crimes. He declared, “As necessary preparations have been completed, I hereby announce that Turkey will soon ratify the Rome Statute and become party to the ICC.”
No consideration whatsoever can be regarded as a legitimate hindrance for Turkey not being party to the ICC. I have previously written about this, saying: “Turkey, in line with its national interests, will of course have relations with countries whose regimes it does not approve of. But there have to be certain moral limits to this. The AKP government’s foreign policy of opening to and increasing economic ties with African nations is most appropriate. But if this policy is to result in behavior that tarnishes the prestige and respectability of the country in the world, we can absolutely do without it.” (Zaman, Oct. 4, 2008) “Turkey should not be put in a position whereby it rightfully denounces the crimes committed against the Palestinians in Gaza, but tries to cover up the crimes against the people of Darfur. Taking sides with the oppressed in one place and with the oppressors in another greatly harms the country’s credibility and prestige. Turkey, considering its long-term national interests, must sign and ratify the ICC treaty as soon as possible. Ankara must always side with the oppressed against the oppressors.” (March 7, 2009)
Prime Minister Erdoğan just last Saturday, in the context of the initiative to find a solution to the Kurdish problem, most rightfully said, “Whoever neglects moral values, ideals, virtues … cannot escape being superficial, shallow and unprincipled.” (Hürriyet, Nov. 8, 2009)
I entirely agree with him. I expect him to support his words with deeds and to order at once the ratification of the ICC statute.
