The role of ad hoc tribunals in the implementation of cosmopolitan law: an empirical study via Kantian ethics

Başak Naz Şimşek; Yeliz Kulalı Martin

Makale detayları

The role of ad hoc tribunals in the implementation of cosmopolitan law: an empirical study via Kantian ethics

Yazarlar:

Başak Naz Şimşek | Yeliz Kulalı Martin

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context (Other)

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 75, pp.105-133

Belge Tipi:

Makale

Yayın Tarihi:

6/2025

Belge Dili:

Fransızca

Document ID (Org No.):

2001338599

pISSN:

0578-9745

Anahtar kelimeler:

Özet:

 The suffering inflicted on vulnerable people has attracted the interest of many thinkers since Antiquity. From Stoics to contemporary peace theorists, many scholars have proposed ways to prevent such suffering and achieve perpetual peace. This phenomenon lies at the heart of legal and political spheres because it has both legal and social foundations. A theory that focuses on the juridical side of the idea of perpetual peace is cosmopolitan law. It is based on Kantian ethics. Accordingly, a universal legal framework should be established to judge unlawful acts committed against vulnerable people. Cosmopolitan law is based on the idea that these unlawful acts cannot be confined to a single region as they wound the conscience of all humanity. The great violence committed during the world wars of the 20th century prompted the international community to unite around common legal values. The aim of this initiative was to condemn those responsible for these unlawful acts and to prevent the commission of new violence. It was following the Second World War that this idea was put into practice. The world was shaken by the very serious acts committed during this conflict, and later, in the 1990s. In the wake of large-scale inter-state and intra-state conflicts, four ad hoc criminal tribunals were set up in Germany, Japan, the former Yugoslavia, and Rwanda. This development agreed with the Kantian idea that certain crimes harm the conscience of all humanity and that perpetrators should be judged before the eyes of the international community through universal legal principles.

 The suffering inflicted on vulnerable people has attracted the interest of many thinkers since Antiquity. From Stoics to contemporary peace theorists, many scholars have proposed ways to prevent such suffering and achieve perpetual peace. This phenomenon lies at the heart of legal and political spheres because it has both legal and social foundations. A theory that focuses on the juridical side of the idea of perpetual peace is cosmopolitan law. It is based on Kantian ethics. Accordingly, a universal legal framework should be established to judge unlawful acts committed against vulnerable people. Cosmopolitan law is based on the idea that these unlawful acts cannot be confined to a single region as they wound the conscience of all humanity. The great violence committed during the world wars of the 20th century prompted the international community to unite around common legal values. The aim of this initiative was to condemn those responsible for these unlawful acts and to prevent the commission of new violence. It was following the Second World War that this idea was put into practice. The world was shaken by the very serious acts committed during this conflict, and later, in the 1990s. In the wake of large-scale inter-state and intra-state conflicts, four ad hoc criminal tribunals were set up in Germany, Japan, the former Yugoslavia, and Rwanda. This development agreed with the Kantian idea that certain crimes harm the conscience of all humanity and that perpetrators should be judged before the eyes of the international community through universal legal principles.

 The suffering inflicted on vulnerable people has attracted the interest of many thinkers since Antiquity. From Stoics to contemporary peace theorists, many scholars have proposed ways to prevent such suffering and achieve perpetual peace. This phenomenon lies at the heart of legal and political spheres because it has both legal and social foundations. A theory that focuses on the juridical side of the idea of perpetual peace is cosmopolitan law. It is based on Kantian ethics. Accordingly, a universal legal framework should be established to judge unlawful acts committed against vulnerable people. Cosmopolitan law is based on the idea that these unlawful acts cannot be confined to a single region as they wound the conscience of all humanity. The great violence committed during the world wars of the 20th century prompted the international community to unite around common legal values. The aim of this initiative was to condemn those responsible for these unlawful acts and to prevent the commission of new violence. It was following the Second World War that this idea was put into practice. The world was shaken by the very serious acts committed during this conflict, and later, in the 1990s. In the wake of large-scale inter-state and intra-state conflicts, four ad hoc criminal tribunals were set up in Germany, Japan, the former Yugoslavia, and Rwanda. This development agreed with the Kantian idea that certain crimes harm the conscience of all humanity and that perpetrators should be judged before the eyes of the international community through universal legal principles.

 The suffering inflicted on vulnerable people has attracted the interest of many thinkers since Antiquity. From Stoics to contemporary peace theorists, many scholars have proposed ways to prevent such suffering and achieve perpetual peace. This phenomenon lies at the heart of legal and political spheres because it has both legal and social foundations. A theory that focuses on the juridical side of the idea of perpetual peace is cosmopolitan law. It is based on Kantian ethics. Accordingly, a universal legal framework should be established to judge unlawful acts committed against vulnerable people. Cosmopolitan law is based on the idea that these unlawful acts cannot be confined to a single region as they wound the conscience of all humanity. The great violence committed during the world wars of the 20th century prompted the international community to unite around common legal values. The aim of this initiative was to condemn those responsible for these unlawful acts and to prevent the commission of new violence. It was following the Second World War that this idea was put into practice. The world was shaken by the very serious acts committed during this conflict, and later, in the 1990s. In the wake of large-scale inter-state and intra-state conflicts, four ad hoc criminal tribunals were set up in Germany, Japan, the former Yugoslavia, and Rwanda. This development agreed with the Kantian idea that certain crimes harm the conscience of all humanity and that perpetrators should be judged before the eyes of the international community through universal legal principles.

Makale detayları

The role of ad hoc tribunals in the implementation of cosmopolitan law: an empirical study via Kantian ethics

Yazarlar:

Başak Naz Şimşek | Yeliz Kulalı Martin

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context (Other)

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 75, pp.105-133

Belge Tipi:

Makale

Yayın Tarihi:

6/2025

Belge Dili:

Fransızca

Document ID (Org No.):

2001338599

pISSN:

0578-9745

Ad hoc tribunals

cosmopolitan law

Nuremberg

Tokyo

Yugoslavia

Rwanda

individual criminal responsibility

Sayı

Makale detayları

Yazarlar: Başak Naz Şimşek | Yeliz Kulalı Martin

Yayıncı: Istanbul University

Ana Başlıklar: Law in Context (Other)

Dergi: Annales de la Faculté de Droit d’Istanbul Issue 75, pp.105-133

Belge Tipi: Makale

Yayın Tarihi: 6/2025

Belge Dili: Fransızca

Document ID (Org No.): 2001338599

pISSN: 0578-9745

Sayı

Yazarlar:

Başak Naz Şimşek | Yeliz Kulalı Martin

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context (Other)

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 75, pp.105-133

Belge Tipi:

Makale

Yayın Tarihi:

6/2025

Belge Dili:

Fransızca

Document ID (Org No.):

2001338599

pISSN:

0578-9745