gunduz-aktan-kitap-soyledikleri-ve-yazdiklari
gunduz-aktan-kitap-soyledikleri-ve-yazdiklari
gunduz-aktan-kitap-soyledikleri-ve-yazdiklari
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
SÖYLEDİKLERİ VE YAZDIKLARI<br />
consequently deal with it as such. Therefore, we cannot agree with<br />
the breakdown of terrorism. We consider terrorist warfare as falling<br />
in the category of "crimes against humanity" in accordance with<br />
Nuremberg Principles number VI, sub-paragraph C.<br />
If ICRC wishes to offer its services in this respect, it should<br />
fundamentally and unequivocally revise its approach with respect<br />
to guerrilla-terrorist relationship and terrorist warfare.<br />
3. Now, I turn to the legal system that we apply to internal<br />
conflicts.<br />
3.1. The application of human rights law to internal conflict is a<br />
recent de<strong>ve</strong>lopment. It started in 1968 (UNGA resolution 2444). It<br />
has not acquired the status of positi<strong>ve</strong> law. The concept of public<br />
emergency in the Co<strong>ve</strong>nant on Civil and Political Rights is not<br />
intended to co<strong>ve</strong>r internal conflict in its entirety.<br />
Except article 3 common to the Geneva Con<strong>ve</strong>ntions which has<br />
a limited scope and effect, no international law instrument existed<br />
for internal conflicts. The international community decided to<br />
apply human rights standards to internal conflicts, while<br />
de<strong>ve</strong>loping international law in this respect. This had been<br />
considered as a temporary solution. Meanwhile, the General<br />
Assembly emphasized (resolution 2853) that human rights in<br />
situations of armed conflict were the ones embodied in<br />
international humanitarian law. The international community,<br />
howe<strong>ve</strong>r, failed in elaborating instruments which could command<br />
uni<strong>ve</strong>rsal acceptance. Thus, the application of human rights<br />
turned into de facto law for internal conflicts.<br />
3.2. Contrary to international law, the human rights approach<br />
to internal conflict puts emphasis only on human rights of terrorist<br />
suspects, while not protecting innocent civilians from the ravages<br />
of terrorist war and not prohibiting terrorism as a method of<br />
combat. This is the major flaw in our approach from which<br />
disastrous problems arise.<br />
According to international law, terrorists/guerrillas and those<br />
who assist them can be detained until the end of hostilities. They<br />
can also be judged for crimes against humanity, while combatant<br />
or any other status being denied them. The point here is not<br />
whether to condone torture of terrorists or other violations. But,<br />
the human rights standard for shorter detention period is simply<br />
Gündüz Aktan<br />
149
Change language