8 resultados para Islamic law--Turkey

em Archive of European Integration


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After many meetings and long hours of negotiations, the overwhelming feeling when a deal between the EU and Turkey was struck, was one of “mission accomplished”! Faced with an unprecedented crisis and forced to appease increasingly hostile public opinions back home, EU leaders had only one objective in mind: reducing the number of migrants arriving in the EU so that order can return in the framework of EU rules. However, a closer look at the Summit Conclusions and the EU-Turkey statement leaves a bitter taste, according to Yves Pascouau. In this Commentary, he questions the feasibility of the final EU-Turkey deal, saying that it creates more problems than it solves: besides the obvious legal and practical issues, it is far from certain which member states will be willing to do their part, or whether or not the EU can come up with a strategic vision on human mobility for the future.

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As the US and its allies France and Turkey dither over whether or not to punish Assad for having used sarin gas to kill his own people, the crucial question is: What response might the outside world legally take without the authority of the UN Security Council, which remains blocked by two veto-wielding members, Russia and China? Sadly, international law provides no clear-cut answers to this dilemma. To respond to what US Secretary of State John Kerry has rightly called a “moral obscenity”, this commentary explores ways in which formal interpretations of international law might give way to a more pragmatic approach to punish the Assad regime for its use of chemical weapons.

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The coming weeks and months will be decisive for the general tenor of politics in Turkey. The country faces local elections this March, presidential elections in August and general elections next June, while top-level political scandals compound the deterioration in the state of democracy and rule of law. At the same time, stagnation in Turkey’s accession process continues to sour relations with the EU. In this new Policy Brief, Steven Blockmans puts forward a number of recommendations to help drive the EU accession process forward, namely the early opening of negotiation chapters 23 (judiciary and fundamental rights) and 24 (justice, freedom and security), in line with the EU’s so-called New Approach. In that way reform could not just be assured on paper, but a track record in implementation could be established throughout the process. To achieve this, member states, and Cyprus in particular, need to be persuaded to end their opposition to formulating benchmarks for the opening of accession negotiating chapters 23 and 24.

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On 30 March, Turkey’s ruling Justice and Development Party (AKP) scooped a significant victory in local elections, taking almost 44 percent of the vote despite accusations of corruption, undermining the rule of law, fundamental rights and freedoms. While there have been claims of election fraud and the main opposition party, the Republican People’s Party (CHP), has demanded recounts in several cities including Istanbul and Ankara, it is clear that even allowing for some level of fraud the win was substantial and more than most people expected. Prime Minister Recep Tayyip Erdoğan has reached a juncture. He has two choices: return to the path of democracy after a period of democratic back-sliding which included passing several controversial reforms such as a new internet law which led to the recent banning of Twitter and Youtube; or alternatively he can forge ahead with his much talked of revenge campaign against those he has accused of creating a “parallel state” and conspiring to remove him from power. Given that Erdoğan viewed this election as a referendum on his popularity and leadership there is a serious risk that he will do the latter; using the significant mandate given to him to do whatever he wants, including further cracking down on democracy.

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Democratic values and basic rights in Turkey are hanging by a thread. Over the past eighteen months the rule of law, civil liberties and freedoms have been eroded which has left many Turks anxious over the direction in which their country is heading. With Turkey’s accession negotiations de facto frozen, the EU finds itself with little leverage over Ankara. Calls of concern have fallen on deaf ears as Turkey’s leadership has become increasingly belligerent, with its EU related narrative overflowing with resentment. Because Turkey’s accession negotiations are irreversibly intertwined with Turkey-EU cooperation in other areas, this has had a negative impact on the broader relationship between both sides. Recent examples include the issue of foreign fighters traveling from Europe to Syria via Turkey. Each side has accused the other of not doing enough to stem the flow. Likewise, following the decision of Russian President, Vladimir Putin, to ban the import of agricultural goods from countries that have placed sanctions on Moscow, the EU asked Turkey to demonstrate solidarity, as a “candidate country”, and not to increase exports of agricultural products to Russia. Turkey rejected this request and is reportedly working on strengthening trade ties with Moscow. Turkey remains an important partner in a number of key areas including trade, energy, foreign and security policy and migration. At a time when the EU faces crises in both its Eastern and Southern neighbourhoods, a reliable and predictable Turkey, with which it can cooperate in the Black Sea and Middle East neighbourhoods is crucial. Hence the vision and plans of the EU’s new leadership, in particular new Foreign Policy Chief, Federica Mogherini, and Commissioner for European Neighbourhood Policy and Enlargement Negotiations, Johannes Hahn, how to shape relations with Ankara is particularly significant. The Union’s current policy is counterproductive and is further eroding trust and cooperation rather than enhancing it. It needs to be turned around.

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Radical Islamic militants from Central Asia have ceased to be a local phenomenon. The organisations created by those groups (the Islamic Movement of Uzbekistan and the Islamic Jihad Union) engage in propaganda, recruitment, fundraising and terrorist operations in states distant from their traditional area of interest, such as European Union countries, South Asia and the United States. Their ranks contain not only Central Asian Islamists, but also those from other countries, such as Russia, Pakistan, Germany, France, the United Kingdom, China, Turkey and even Myanmar. These organisations’ current activities and forms are multidimensional and complicated, characterised by combat versatility, structural amorphism, operational mobility and simultaneous operations in different fields and theatres. As a result of the universalization of Islamic terrorism, these organisations have been intensifying contacts with other international Islamic terrorist organisations based in Waziristan (mainly al-Qaida, Taliban and the Haqqani Network). A specific system of mutual cooperation has developed between them, involving the specialisation of various terrorist organisations in particular aspects of terrorist activity. The IMU and IJU specialise in the recruitment and training of Islamic radicals from around the world, and have thus become a kind of ‘jihad academy’.

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In the context of the civil war in Syria, Turkey has been accused of intense co-operation with Islamic State. The accusations have been coming for some time from the West, and also from the Turkish opposition and the Kurds. The Russian government has also joined in the accusations over the past few months.

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Since mid-2015 Turkey has been affected by a deep internal crisis, caused by rising political polarisation, increased levels of terrorist threat (posed by the Kurds and Islamic radicals) and the revived conflict with the Kurdistan Workers’ Party (PKK). As a consequence of this crisis, over 350,000 residents of south-eastern Turkey have been forced to leave their homes. At the same time, due to the migration crisis and despite mutual distrust in relations between Turkey and the EU, cooperation between Ankara and Brussels has been intensifying. Turkey’s ongoing destabilisation does not challenge the status of the ruling Justice and Development Party (AKP), which is de facto controlled by President Recep Tayyip Erdoğan; paradoxically, it strengthens the party. The internal crisis which the authorities have been deliberately fuelling is an element of a plan to rubber-stamp political change by introducing a presidential system of government. This is happening amid a thorough reconstruction of the socio-political order which has been underway for over a decade. In the upcoming months it is expected to result in the constitution being changed and, as a consequence, the institutionalisation of Erdoğan’s autocratic rule.