Core international crimes:

Crime of Aggression

Crimes Against Humanity

Genocide

War Crimes



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Turkey Flag  Republic of Turkey



Domestic Legislation | Resources and Links





Domestic legislation for serious crimes under international law

Crimes

Crime of Aggression

No provision

Crimes Against Humanity

Crimes against humanity are defined and punished in Volume II (Special Provisions), Chapter I (International Offences), Part 1 (Genocide and Offences against Humanity), Article 76 of the Penal Code of Turkey (2004, entry into force: 01 June 2005):

  • Penal Code of Turkey. (Law Nr. 5237 of 26 September 2004, amended 2016).
    European Commission for Democracy Through Law (Venice Commission), Council of Europe, 15 February 2016. [ENG]

    Genocide

    Genocide is defined and punished in Volume II (Special Provisions), Chapter I (International Offences), Part 1 (Genocide and Offences against Humanity), Articles 77 and 78 of the Penal Code of Turkey (2004, entry into force: 01 June 2005):

  • Penal Code of Turkey. (Law Nr. 5237 of 26 September 2004, amended 2016).
    European Commission for Democracy Through Law (Venice Commission), Council of Europe, 15 February 2016. [ENG]

    War Crimes

    No specific provision.

    Article 90 (Ratification of International Treaties) of the Constitution of the Republic of Turkey states:

      "The ratification of treaties concluded with foreign states and international organisations on behalf of the Republic of Turkey shall be subject to adoption by the Grand National Assembly of Turkey by a law approving the ratification. [...]
      International agreements duly put into effect have the force of law. No appeal to the Constitutional Court shall be made with regard to these agreements, on the grounds that they are unconstitutional. (Sentence added on May 7, 2004; Act No. 5170) In the case of a conflict between international agreements, duly put into effect, concerning fundamental rights and freedoms and the laws due to differences in provisions on the same matter, the provisions of international agreements shall prevail."
      [Full text of Turkish Constitution available under the "Resources and Links" section below.]
    Turkey is a State party to the Geneva Conventions of 1949 and other International Humanitarian Law Treaties.
    [Full list of International Humanitarian Law Treaties to which Turkey is a State party available under the "Resources and Links" section below.]

    Related Documents:

  • Law on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons. Law Nr. 5564, 2006. [ENG]

    Jurisdiction

    According to Article 13(1)(a) of the Penal Code of Turkey, Turkish law shall apply to the offences defined in Chapter I, Volume II (genocide and crimes against humanity), when committed in a foreign country whether or not committed by a citizen or non-citizen of Turkey. See:

  • Penal Code of Turkey. (Law Nr. 5237 of 26 September 2004, amended 2016).
    European Commission for Democracy Through Law (Venice Commission), Council of Europe, 15 February 2016. [ENG]


    International Criminal Court

    Rome Statute of the International Criminal Court: The Republic of Turkey is not a state party to the Rome Statute of the International Criminal Court.

  • Resources and Links

  • Constitution of the Republic of Turkey.
    The Grand National Assembly of Turkey. [ENG]. [Last accessed 23 February 2018]. [External Link to pdf document]

  • Turkey's Constitution of 1982, (with Amendments through 2002).
    Comparative Constitutions Project, University of Texas at Austin. [ENG]. [Last accessed 20 December 2017]. [External Link to pdf document]

  • Türkiye Cumhuriyeti Anayasası. (Updated Turkish Constitution).
    Mevzuat Bilgi Sistemi, T.C. Ministry of Education, Turkey. [TUR]. [Last accessed 20 December 2017]. [External Link]

  • Türk Ceza Kanunu. (Turkish Criminal Code).
    Legislation Information System, General Directorate of Development and Publication of the Legislation, T.C. Ministry of Education. [ENG]. [Last accessed 20 December 2017]. [External Link]

  • Criminal Procedure Code of the Republic of Turkey. (2009)
    OSCE Office for Democratic Institutions and Human Rights. [ENG]. [Last accessed 20 December 2017]. [External Link to pdf document]

  • Law amending the Law on the Establishment and Trial Procedures of State Security Courts and the Law on Military Judges. (Law No. 4390 of 1999)
    International Committee of the Red Cross. [ENG]. [Last accessed 20 December 2017]. [External Link to pdf.zip document]

  • Mevzuat Bilgi Sistemi. (Legislation Information System)
    Mevzuatı Geliştirme ve Yayın Genel Müdürlüğü. [TUR]. [Last accessed 20 December 2017]. [External Link]

  • List of International Humanitarian Law Treaties to which Turkey is a State party. [ENG]
    International Committee of the Red Cross. [ENG]. [Last accessed 20 December 2017]. [External Link]