Sovereignty cost, terrorism and Türkiye’s reluctance to join the International Criminal Court (ICC)

ÇAKMAK C., Uluer A. G.

International Journal of Human Rights, 2025 (SSCI, Scopus) identifier identifier

  • Yayın Türü: Makale / Tam Makale
  • Basım Tarihi: 2025
  • Doi Numarası: 10.1080/13642987.2025.2501578
  • Dergi Adı: International Journal of Human Rights
  • Derginin Tarandığı İndeksler: Social Sciences Citation Index (SSCI), Scopus, Academic Search Premier, IBZ Online, International Bibliography of Social Sciences, EBSCO Legal Collection, EBSCO Legal Source, Index Islamicus, Political Science Complete, Public Affairs Index, Sociological abstracts, Violence & Abuse Abstracts, Worldwide Political Science Abstracts
  • Anahtar Kelimeler: compliance, International criminal court, international law, sovereignty cost, Turkish foreign policy
  • Anadolu Üniversitesi Adresli: Evet

Özet

This paper aims to explain Türkiye’s hesitation to join the International Criminal Court (ICC), despite its readiness to participate in the preparatory works for its establishment, particularly the Rome Conference. The authors argue that Türkiye was deterred from joining the international criminal justice system because of the ‘sovereignty cost’ associated with membership in the Court, as outlined in the conference’s final act, which designated the ICC as an independent and semi-universal international penal institution with automatic jurisdiction. The Turkish political elites’ primary worry while considering membership in the Court was that such a move would have a significant impact on Türkiye’s national security and territorial integrity. More specifically, the Turkish government’s worry about Kurdish separatism is a key factor in determining its attitude toward ICC participation. With a focus on current political changes in Turkish history, this study aims to unravel the complex relationship between national security, the Kurdish question, and ICC membership.