Tokdemir, Sercan

The issue of honor killings, which is under a great deal of writings and sayings in recent our days, has been a controversial and much disputed subject within the concept of the tradition. Not only ‘tradition motifs’ but cultural and religious bases have carry importance in this sense. According to traditional beliefs, honor is intimately connected with female sexuality and the only way to restore familial honor once it is damaged by a woman’s sexual misconduct is by killing the guilty woman. On one hand, some contend that it would be necessary to assess the effects of Islamic religion, on the other some find associations between honor killings and traditional and cultural practices without religious contexts. The issue has grown in importance in light of recent legal efforts such as the current Turkish criminal procedure created some victim-offender mediations integrating the criminal process. These explanations have thrown up important following questions: to extent to which the principles of criminal justice can be integrated into the Restorative Justice system and is it a suitable justice intervention? By considering new attempts including educative and informative legal and social programs, an effective and desirable Restorative Justice process can have an opportunity to be established regarding the patriarchal community structure in modern Turkey.

Tokdemir, Sercan

This paper covers a review of the article written by Damaska1 which contains a great deal of critical analysis on the desired legal foundation of the International Criminal Court and doings of the court in reality since 2002. Our aim is to try to pay our attention to the real International Criminal Court and to answer the question of what the Court did so far. As will be seen through the paper, the role of the court in restorative justice discipline mentioning the retributive and/or restorative character of this permanent international criminal court will be discussed. It is, of course, not so far away to release the complementarity principle labelled in the Rome Statute. In this regard, the associations between the complementarity and the sovereignty will be explored giving example from reality such as Libya and Syria, and the principle will be also seen as a stabilizer-mechanism and a well-balanced tool between the sovereignty and universal jurisdiction. As a consequence, it can be said that regarding all points posted below, just being in existence is not enough.