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  • ANKARA: Comparison of Ukraine and Turkey from an international crimi

    Cihan News Agency (CNA), Turkey
    April 3, 2015 Friday

    Comparison of Ukraine and Turkey from an international criminal law perspective


    Ä°STANBUL (CÄ°HAN)- I'm in Odessa, Ukraine -- a lovely city on the Black
    Sea coast. I have come to the National University "Odessa Law Academy"
    to lecture for one week under the exchange program Mevlana -- a newly
    enacted academic exchange program between Turkey and non-EU member
    countries, as an alternative to the Erasmus program.


    It was quite surprising for me to see such a well-established
    atmosphere of law academics in Odessa. In fact, there are more than
    17,000 students just focusing on law or law-related subjects in one
    university. This makes the Odessa Law Academy one of the biggest law
    schools in the world.

    Yesterday, in my lecture, I wanted the students to think more freely
    about possibilities that may change current situations. I asked them
    several questions before letting them question me. Will the situation
    of the Russia-Ukraine conflict remain the same if Ukraine becomes a
    state party to the Rome Statute, thus implementing the International
    Criminal Court (ICC)? What would be the risks or the consequences of a
    development in which such a country takes control of a region of
    another sovereign and independent country? What would be the situation
    of the president, prime minister, ministers or heads of the general
    staff, in particular?

    I always ask similar questions in my lectures in Turkey: What would be
    the position of Turkish foreign policy if Turkey becomes a state party
    to the ICC? What consequences would we see over the Cyprus issue? What
    impact could be expected over the Kurdish issue and peace process?
    Would there be an effect on the Armenian Genocide recognition issue,
    or would it bring a positive step to solve the problems between Turkey
    and Armenia? What type of atrocities committed in northern Iraq or
    Syria could be brought to the ICC?

    We had fantastic discussions with young lawyer candidates about the
    position of our countries. They are a group of people who can solve
    the problems which we have created. We came to a common point,
    agreeing that most of the time, we act with feelings in life. If we
    start to leave our feelings aside and think with logic, the results
    could be different. In Ukraine, I see that most people are angry with
    both Ukrainian and Russian politics. It is very human, because we are
    not robots, but it doesn't help us much to solve the problems at all.
    I saw that Ukraine and Russia are bound together, both historically
    and traditionally. Before getting angry about a policy, we must try to
    understand why the countries behave like they do. Although I am not an
    expert on Russian foreign policy, as far as I know, Russians have a
    "near abroad" policy, which implies them that the countries
    neighboring Russia must stay within Russian influence. However, after
    the collapse of the Soviet Union, most of the countries that gained
    independence have today become NATO members. This helps to provide a
    way to understand the Russian attitude toward Ukraine, and we know
    that understanding a problem is the first step to solving it. Threat
    perception, whether the threat is real or not, makes for illogical
    behavior. We know the pathetic threat perception of Turkey and its
    consequences for minorities.


    This problem must be solved. We will see how it will happen and we
    will see whether a solution satisfying to all sides is possible. I
    will carry on with my answers in my next article but let me finish
    with the great Ukrainian poet Taras Shevchenko's words: "Everything
    moves, everything passes, and there is no end. Where did it all
    disappear? From where did it all come? Both the fool and the wise man
    know nothing. One lives¦ one dies¦ one thing blooms." We have to work
    hard to see what blooms, even we have little chance of seeing it.


    GÃ`NAL KURÅ?UN

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