Uluslararası Suçlar ve Tarih
Yazarlar: Onur URAZ, Onur URAZ
Konular:-
Anahtar Kelimeler:Crimean Tatars,Crimean Deportation,Genocide Law,Crimes Against Humanity,Non-retroactivity of Laws,International Criminal Law
Özet: Over the past decade, Crimean Tatars started to express morerobustly their requests for the international recognition of the 1944 MassDeportation as the crime of genocide. While it can be said, even primafacie, that the 1944 Deportation falls under the scope of the currentdefinition of crimes against humanity, making a similar kind of claimwith the same immediateness is unlikely in terms of the crime of genocideowing to the narrowly constructed legal definition. Moreover, theprinciple of non-retroactivity of laws poses a further challenge in theconsideration of both genocide and crimes against humanity. This paperwill try to answer two interconnected questions: Is it a legally plausiblecase to characterize the 1944 Deportation as genocide or crimes againsthumanity? And, are there any differences between the legalcharacterization of 1944 Deportation as genocide or crimes againsthumanity in terms of their possible consequences?