Books by Dr Ebru Demir
Papers by Dr Ebru Demir
İklim Degişikliği Alanında Güvenlik Konseyi Etkin Bir Rol Oynayabilir Mi? Fırsatlar ve Zorluklar/Can the Security Council Play an Effective Role in the Area of Climate Change? Opportunities and Challenges, 2024
İklim değişikliği son yıllarda etkileri gözle görülür hale gelen önemli bir soruna dönüşmüştür. ... more İklim değişikliği son yıllarda etkileri gözle görülür hale gelen önemli bir soruna dönüşmüştür. Ancak bu sorun ile nasıl kolektif bir şekilde mücadele edileceği hala belirsizliğini korumaktadır. Devletler her ne kadar iklim değişikliği ile mücadele için çeşitli sözleşmeler imzalamış olsalar da bu sözleşmelerin uygulamaya yansımaları yetersizdir. Bu durum, Birleşmiş Milletler’in ana organlarından biri olan Güvenlik Konseyi’nin iklim değişikliği alanında etkili bir aktör olup olamayacağı tartışmalarını beraberinde getirmiştir. Bilindiği üzere, Güvenlik Konseyi, bağlayıcı kararlar alabilme yetkisine sahiptir. Literatürde, bu kurumun iklim değişikliğine ilişkin konularda devletlerin isteksizliklerinin önüne geçebileceği şeklinde yorumlar mevcuttur. Bu makale, Güvenlik Konseyi’nin iklim değişikliği konusunda bir aktör olarak rol almasını yahut almamasını öne sürmemektedir. Makale, Güvenlik Konseyi’nin bu konuda rol almasının hukuki ve siyasi açıdan mümkün olup olmadığını objektif bir biçimde tartışmayı amaçlar. Literatürümüzde yeterince ilgi görmemiş bu konu, Güvenlik Konseyi’nin iklim değişikliği konusunda raporlar yayınlamaya başlaması ile birlikte daha da önemli hale gelmiştir.
Recently climate change has become a significant problem with its visible effects in our daily lives. How to combat this problem, however, remains uncertain. Although states have signed various conventions in order to fight climate change, the implementation of these conventions has been insufficient. The unwillingness of states has sparked debates about whether the United Nations Security Council could be an effective actor in the area of climate change. As is well-known, the Security Council has the authority to make binding decisions. The literature suggests that this institution could overcome the reluctance of states in terms of taking measures to combat climate change. This article does not advocate whether the Security Council should or should not play a role as an actor in climate change. The article aims to objectively discuss whether it is possible for the Security Council to take on a role in climate change. This issue, which has not received enough attention in our literature, has become even more significant with the recent reports published by the Security Council on climate change.
Balancing the Protection and Participation of Refugee Women through the Women, Peace, and Security Agenda: Notes from Turkey, 2024
This article examines whether incorporating the Women, Peace, and Security Agenda of the United N... more This article examines whether incorporating the Women, Peace, and Security Agenda of the United Nations Security Council into the international refugee regime may give refugee women greater potential to participate in decision-making processes. In addition to recognizing the need to protect women in conflict settings, the Women, Peace, and Security Agenda also promotes women’s participation in order to achieve sustainable peace. The article focuses on Turkey, which hosts the largest number of refugees globally. The article explores the extent to which the protection and participation of refugee women in Turkey are balanced in the activities of national and international actors, and it advises adopting a national action plan on refugee women in line with the Women, Peace, and Security Agenda. We conducted qualitative research and carried out a field study in Turkey to engage with the article’s main research question. In the field study, we conducted semi-structured interviews with participants from international organizations, international and national non-governmental organizations, and state institutions. We argue that refugee women’s participation is frequently reduced to a formality and is constrained by the restrictions imposed by governmental and humanitarian agencies. A national action plan that considers the rights, ambitions, and expectations of refugee women in Turkey would not only strengthen their protection from violence but also encourage their agency. Under a legally binding framework, all stakeholders—refugee women, international organizations, donors, non- governmental organizations, and the state—would be obliged to encourage refugee women’s participation in decision-making processes and mechanisms at varying levels and fields. We argue that a national action plan would challenge the traditional and patriarchal stereotypes regarding refugee women and enable all relevant stakeholders to promote refugee women’s agency in a systematic way.
Istanbul Hukuk Mecmuasi, 2021
Uluslararası Ceza Mahkemesi kurulduğu tarihten itibaren uluslararası kamuoyunda tartışmalı bir ye... more Uluslararası Ceza Mahkemesi kurulduğu tarihten itibaren uluslararası kamuoyunda tartışmalı bir yere sahiptir. Mahkeme, politik saikler doğrultusunda hareket ettiği ve bunun bir sonucu olarak da meşruiyetini yitirdiği yönünde çeşitli eleştirilere muhatap olmaktadır. Mahkemenin bu şekilde eleştirilmesinde ve mahkemenin bir meşruiyet krizine girmesinde Uluslararası Ceza Mahkemesi Savcılarının oynadığı rol büyüktür. Savcının verdiği kararlar ve yaptığı seçimler, mahkemeye yönelik politikleşme ve meşruiyetini yitirme iddialarını daha da derinleştirmektedir. Makalede, Uluslararası Ceza Mahkemesi Savcılarının olay ve dava seçiminde başvurduğu kabul edilebilirlik şartları incelenmektedir. Bu makaleye göre, mahkemenin kurucu sözleşmesi olan Roma Statüsünde yer alan kabul edilebilirlik şartlarının muğlaklığı ve bu muğlak şartları uygulamada Savcıya tanınan geniş takdir yetkisi, mahkemenin seçici, yanlı ve önyargılı bir şekilde hareket ettiği iddialarının kaynağını oluşturmaktadır. Her ne kadar Savcı, bu şartları şeffaflaştırmak ve uluslararası kamuoyunu olay ve dava seçiminde tarafsız davrandığına dair temin etmek amacıyla çeşitli raporlar yayınlamış olsa da, makalede bu raporların detaylı bir şekilde incelemesi göstermektedir ki kabul edilebilirlik şartları hala muğlaklığını korumaktadır. Ayrıca, makalede incelenen dava örnekleri mahkemenin farklı birimleri arasında da kabul edilebilirlik şartlarına ilişkin anlayış farklılıkları olduğunu net bir şekilde gözler önüne sermektedir. Makale, Uluslararası Ceza Mahkemesi Savcılarının karşılaştıkları güçlükleri göz ardı etmemekte, karşılaştıkları ve karşılaşabilecekleri problemleri ve zorlukları kabul etmektedir. Ek olarak makalede, Roma Statüsünün bu konuda muğlak olduğu ve Savcılara kabul edilebilirlik şartlarıyla ilgili olarak yeterince yönlendirme yapmadığı da belirtilmektedir. Bununla birlikte, Savcıların uygulamaları incelendiğinde kabul edilebilirlik kriterlerinin uygulanması aşamasında Uluslararası Ceza Mahkemesi'nin meşruiyetine ve objektifliğine yönelik eleştirileri güçlendiren durumların ortaya çıktığı görülmektedir.
INTERNATIONAL JOURNAL OF RULE OF LAW, TRANSITIONAL JUSTICE AND HUMAN RIGHTS, Year 12, Volume 12, 2021
This issue of the International Journal on Rule of Law, Transitional Justice and Human Rights in ... more This issue of the International Journal on Rule of Law, Transitional Justice and Human Rights in front of you is already the eleventh edition of an annual, peer-reviewed academic journal, co- published by the Association “Pravnik” and the Konrad-Adenauer-Stiftung’s Rule of Law Programme South East Europe.
INTERNATIONAL CRIMINAL LAW AND TRANSITIONAL JUSTICE IN LIBYA: TWO UNSC-MANDATED MECHANISMS
BY LORENZO DAL MONTE
TOWARDS A RISK PERSPECTIVE OF TRANSITIONAL JUSTICE PROCESSES
BY BERIT HAUPT
THE ROLE OF GENDER IN GENOCIDE
BY AMILA HUSIĆ
CULTURAL HERITAGE – AN OVERLOOKED COMPONENT IN TRANSITIONAL JUSTICE?
BY MARIE WARTENBERG
THE PHENOMENON OF TWO SCHOOLS UNDER ONE ROOF – WHEN APPLES AND PEARS DO NOT MIX
BY TARIK EKMEŠČIĆ
THE CONTRIBUTION OF INTERNATIONAL CRIMINAL COURTS TO
TRANSITIONAL JUSTICE: A COMPARISON BETWEEN THE ICTY AND THE ICC
BY DANAE DRIESSEN
CHILDREN AS VICTIMS OF WAR CRIMES
BY MICHAELA TRTKOVA
THE GENDERED IMPLICATIONS OF CONSOCIATIONAL PEACE AGREEMENTS: A SUB-NATIONAL LEVEL ANALYSIS OF BOSNIA AND HERZEGOVINA
BY TAJMA KAPIĆ
THE EUROPEAN COURT OF HUMAN RIGHTS’ ENGAGEMENT WITH INTERNATIONAL HUMAN RIGHTS INSTRUMENTS: LOOKING AT THE CASES OF DOMESTIC VIOLENCE
BY EBRU DEMIR
PURSUIT FOR JUSTICE: VOICES AND PERCEPTIONS ON JUSTICE OF VICTIMS OF GENOCIDE
BY MARIJANA TOMA
The European Court of Human Rights’ Engagement with International Human Rights Instruments: Looking at the Cases of Domestic Violence, 2021
In its recent jurisprudence on domestic violence, the European Court of Human Rights has started ... more In its recent jurisprudence on domestic violence, the European Court of Human Rights has started to examine domestic violence cases in the light of relevant international human rights law developed in this specific area. This article examines the engagement of the European Court of Human Rights with other international and regional human rights instruments in domestic violence cases. Upon examination, the article concludes that by integrating its case law into international human rights law the European Court of Human Rights broadens the scope of protection for domestic violence victims and maintains the coherence of international law.
Inonu University Law Review, 2021
Outreach activities of international criminal tribunals remain as a neglected area in the field o... more Outreach activities of international criminal tribunals remain as a neglected area in the field of international criminal law. This article draws attention to this very under- researched area and highlights the importance of outreach work in providing international criminal justice. By focusing on the International Criminal Tribunal for the former Yugoslavia (the ICTY) as a case study, the article argues that outreach activities are significant for international criminal tribunals to gain the support of the local populations under their jurisdictions. For the purpose of the article, the ICTY’s main outreach activities are overviewed by using the online data provided in the ICTY’s official website. A detailed analysis of these activities through an engagement with the existing literature shows that delays in the outreach activities, lack of other transitional justice mechanisms, and plea bargaining became the main challenges for the ICTY’s outreach work. These conclusions are significant not only for an evaluation of the tribunal’s legacy in the region of former Yugoslavia but also for deriving “lessons learned” for the other international criminal tribunals and the permanent court International Criminal Court (ICC). International tribunals and courts must learn from the ICTY’s failures and should be vigilant from their establishment till their closure to enhance the public awareness about their work and to gain the support of the local communities under their jurisdictions.
International Journal of Rule of Law, Transitional Justice and Human Rights, 2020
Bosnia and Herzegovina seems to have lost the international community's attention and not much at... more Bosnia and Herzegovina seems to have lost the international community's attention and not much attention has been recently paid to the ongoing justice and peacebuilding processes. Except for a few scholars, the current transitional justice process and its impacts on Bosnian women are neglected. There has been little analysis with relation to what happens in the long-term in Bosnia and Herzegovina and to the survivors of wartime violence. Focusing only on rape and other forms of wartime sexual violence has resulted in impunity for many other forms of international human rights violations occurring during the war in Bosnia and Herzegovina. Economic and social rights violations, for instance, remain unaddressed. These neglected women's human rights violations continue in different and/or aggravated forms. This study aims to illustrate the ongoing violence in Bosnia and Herzegovina and recommends solutions by engaging with the interviews conducted in the country in 2017.
The right to internal self-determination offers a legal 'checklist' for the UN to provide both le... more The right to internal self-determination offers a legal 'checklist' for the UN to provide both legitimacy and sustainability to peacebuilding processes. The right both clarifies the actors of post-conflict reconstruction and also concretises to what extent these actors should be incorporated into peacebuilding processes. Although the concept of local ownership has become an often-cited concept in peacebuilding literature, the legal ground of the concept (i.e. the right to internal self-determination) has been disregarded. This paper aims to reveal the legal aspect of the concept of local ownership and thus, attaches the right to internal self-determination with local ownership.
Book Reviews by Dr Ebru Demir
Wars create irreparable damage. In wars, people lose their loved ones and go through unimaginable... more Wars create irreparable damage. In wars, people lose their loved ones and go through unimaginable physical and psychological suffering. The destructive effects of wars are incontestable. However, times of war can also be periods when windows for considerable legal, political and socio-economic changes are opened. A momentum for an intervention in social, political and economic structures occurs in these periods. In War, Women, and Power: From Violence to Mobilization in Rwanda and Bosnia-Herzegovina, Marie E. Berry argues that these points of momentum offer the opportunity for women to mobilize in novel and eclectic ways (p.153). Berry’s book contains concise arguments and is written in very clear language. The organization of the chapters and the use of figures, which summarize the arguments and discussions, make this book an easy-to-follow read.
London School of Economics and Political Science, 2018
In The Justice Facade: Trials of Transition in Cambodia, Alexander Laban Hinton examines the exte... more In The Justice Facade: Trials of Transition in Cambodia, Alexander Laban Hinton examines the extent to which transitional justice and international law respond to local understandings of ‘justice’ through an analysis of the Extraordinary Chambers in the Courts of Cambodia (ECCC). This is a welcome and highly useful contribution to the field, finds Ebru Demir, that invites readers to critically unpack their own assumptions and consider how the neglect of power and the complexities of everyday life can serve to offer little more than a ‘justice facade’.
London School of Economics and Political Science, 2018
This updated edition of The Rohingyas: Inside Myanmar’s Genocide, authored by Azeem Ibrahim, aims... more This updated edition of The Rohingyas: Inside Myanmar’s Genocide, authored by Azeem Ibrahim, aims to draw further attention to the ongoing atrocities being committed against the Rohingyas in Myanmar and to challenge some of the overarching myths that lie behind the persecutions. While she would have welcomed a deeper engagement with the legal components of the situation from the perspective of international law,
Ebru Demir recommends this as a welcome contribution to the literature that will give readers insight into the historical roots of the crisis.
London School of Economics and Political Science, 2019
In Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress, Alasia... more In Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress, Alasia Nuti explores the relationship between history and the provision of justice by focusing on women as a historical-structural group subject to historical injustices that continue to impact the present. This is a very welcome contribution to the literature, writes Ebru Demir, providing both deep and rigorous analyses of its case studies and proposing thought-provoking new terminology. Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress. Alasia Nuti. Cambridge University Press. 2019.
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Books by Dr Ebru Demir
Papers by Dr Ebru Demir
Recently climate change has become a significant problem with its visible effects in our daily lives. How to combat this problem, however, remains uncertain. Although states have signed various conventions in order to fight climate change, the implementation of these conventions has been insufficient. The unwillingness of states has sparked debates about whether the United Nations Security Council could be an effective actor in the area of climate change. As is well-known, the Security Council has the authority to make binding decisions. The literature suggests that this institution could overcome the reluctance of states in terms of taking measures to combat climate change. This article does not advocate whether the Security Council should or should not play a role as an actor in climate change. The article aims to objectively discuss whether it is possible for the Security Council to take on a role in climate change. This issue, which has not received enough attention in our literature, has become even more significant with the recent reports published by the Security Council on climate change.
INTERNATIONAL CRIMINAL LAW AND TRANSITIONAL JUSTICE IN LIBYA: TWO UNSC-MANDATED MECHANISMS
BY LORENZO DAL MONTE
TOWARDS A RISK PERSPECTIVE OF TRANSITIONAL JUSTICE PROCESSES
BY BERIT HAUPT
THE ROLE OF GENDER IN GENOCIDE
BY AMILA HUSIĆ
CULTURAL HERITAGE – AN OVERLOOKED COMPONENT IN TRANSITIONAL JUSTICE?
BY MARIE WARTENBERG
THE PHENOMENON OF TWO SCHOOLS UNDER ONE ROOF – WHEN APPLES AND PEARS DO NOT MIX
BY TARIK EKMEŠČIĆ
THE CONTRIBUTION OF INTERNATIONAL CRIMINAL COURTS TO
TRANSITIONAL JUSTICE: A COMPARISON BETWEEN THE ICTY AND THE ICC
BY DANAE DRIESSEN
CHILDREN AS VICTIMS OF WAR CRIMES
BY MICHAELA TRTKOVA
THE GENDERED IMPLICATIONS OF CONSOCIATIONAL PEACE AGREEMENTS: A SUB-NATIONAL LEVEL ANALYSIS OF BOSNIA AND HERZEGOVINA
BY TAJMA KAPIĆ
THE EUROPEAN COURT OF HUMAN RIGHTS’ ENGAGEMENT WITH INTERNATIONAL HUMAN RIGHTS INSTRUMENTS: LOOKING AT THE CASES OF DOMESTIC VIOLENCE
BY EBRU DEMIR
PURSUIT FOR JUSTICE: VOICES AND PERCEPTIONS ON JUSTICE OF VICTIMS OF GENOCIDE
BY MARIJANA TOMA
Book Reviews by Dr Ebru Demir
Ebru Demir recommends this as a welcome contribution to the literature that will give readers insight into the historical roots of the crisis.
Recently climate change has become a significant problem with its visible effects in our daily lives. How to combat this problem, however, remains uncertain. Although states have signed various conventions in order to fight climate change, the implementation of these conventions has been insufficient. The unwillingness of states has sparked debates about whether the United Nations Security Council could be an effective actor in the area of climate change. As is well-known, the Security Council has the authority to make binding decisions. The literature suggests that this institution could overcome the reluctance of states in terms of taking measures to combat climate change. This article does not advocate whether the Security Council should or should not play a role as an actor in climate change. The article aims to objectively discuss whether it is possible for the Security Council to take on a role in climate change. This issue, which has not received enough attention in our literature, has become even more significant with the recent reports published by the Security Council on climate change.
INTERNATIONAL CRIMINAL LAW AND TRANSITIONAL JUSTICE IN LIBYA: TWO UNSC-MANDATED MECHANISMS
BY LORENZO DAL MONTE
TOWARDS A RISK PERSPECTIVE OF TRANSITIONAL JUSTICE PROCESSES
BY BERIT HAUPT
THE ROLE OF GENDER IN GENOCIDE
BY AMILA HUSIĆ
CULTURAL HERITAGE – AN OVERLOOKED COMPONENT IN TRANSITIONAL JUSTICE?
BY MARIE WARTENBERG
THE PHENOMENON OF TWO SCHOOLS UNDER ONE ROOF – WHEN APPLES AND PEARS DO NOT MIX
BY TARIK EKMEŠČIĆ
THE CONTRIBUTION OF INTERNATIONAL CRIMINAL COURTS TO
TRANSITIONAL JUSTICE: A COMPARISON BETWEEN THE ICTY AND THE ICC
BY DANAE DRIESSEN
CHILDREN AS VICTIMS OF WAR CRIMES
BY MICHAELA TRTKOVA
THE GENDERED IMPLICATIONS OF CONSOCIATIONAL PEACE AGREEMENTS: A SUB-NATIONAL LEVEL ANALYSIS OF BOSNIA AND HERZEGOVINA
BY TAJMA KAPIĆ
THE EUROPEAN COURT OF HUMAN RIGHTS’ ENGAGEMENT WITH INTERNATIONAL HUMAN RIGHTS INSTRUMENTS: LOOKING AT THE CASES OF DOMESTIC VIOLENCE
BY EBRU DEMIR
PURSUIT FOR JUSTICE: VOICES AND PERCEPTIONS ON JUSTICE OF VICTIMS OF GENOCIDE
BY MARIJANA TOMA
Ebru Demir recommends this as a welcome contribution to the literature that will give readers insight into the historical roots of the crisis.