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This chapter investigates the logics of punishment that animate the AKP’s new securitisation technologies. Examining the different yet recurrent tools with which academics in Turkey have been historically expulsed from educational institutions, the public sphere, and the political body, I develop a nuanced understanding of the interconnected yet changing forms of punishment directed at academics as knowledge producers from the early Republican period to the first two and a half decades of the twenty-first century. In keeping with the literature on changing regimes of punishment, I conclude that the logic for penalising those targeted has shifted from compensation in the early Republican era to a securitised logic of retribution (following the 1980 coup), to a cruel form of retributive securitisation in the form of subjection to civic death in post-2016 Turkey.
This book examines how new AKP authoritarian securitisation practices shape and reshape the daily lives of people purged by emergency decree. The Introduction defines key concepts such as authoritarianism, securitisation, and civic death, as well as describes the methodology. By adopting an interdisciplinary approach that combines empirical ethnographic and historical research with theoretical and philosophical perspectives on the political, the book highlights the new forms of citizenship deprivation, security, and punishment that have emerged under the AKP. It argues that new methods of securitisation are designed to reduce those targeted for civic death, a type of disposable citizen who is denied the opportunity to reclaim their social, economic, and political rights even after they have been acquitted or the state of emergency has been lifted.
Taiwanese masculinity was not defined only by young intellectuals and social elites. Rather, it was constructed, expanded, and complicated by ordinary men as represented by household heads and their family members. This chapter explores their masculinity by revealing the ways in which they continued to negotiate with judges over the treatment of brides and adopted daughters. Household heads had traditionally been free to choose their sons’ brides and preside over any adoptive deals, and thus they established masculinity as tied to household authority. Yet, this unchallenged image of patriarchy began contradicting judicial calls for a more equitable form of the family from the late 1910s. What involved those household heads in judicial reforms was the situation in which two or more household heads competed over the better treatment of brides and adopted daughters, establishing a protective form of masculinity. However, this did not end with the emasculation of male household heads in terms of their preexisting authority; instead, they shifted to a type of masculinity involving collusion between two or more household heads and colonial judges, undermining efforts to address women’s difficulties after the 1920s.
This chapter critically examines the long-debated issue of Turkey’s state security and survival discourse through the lens of the securitisation logic of protection in order to unpack how the AKP government has used an expansive definition of security threat to allow for the suppression of the basic rights of dissenters by invoking the need to protect the state. The first section presents an historical account of the discourse on Turkey’s primary referent object of security – state survival (beka sorunu). The second section describes the Turkish state’s current security flagging of refugees as ‘risky outsiders’ and of those purged as ‘dangerous insiders’. The last section examines state authorisation of various auxiliary armed security agents and forces. I argue that in lieu of protecting its citizens, the AKP’s authoritarian securitisation state protects the state, the discursive ‘nation,’ and the security apparatus, a practice it legitimizes via a discourse of terrorism insecurity.
What does it mean for a government to declare its citizens 'dead' while they still live? Following the failed 2016 coup, the Turkish AKP government implemented sweeping powers against some 152,000 of its citizens. These Kanun hükmünde kararnameli ('emergency decreed') were dismissed from their positions and banned for life from public service. With their citizenship also revoked, Seçkin Sertdemir argues these individuals were rendered into a state of 'civic death'. This study considers how these authoritarian securitisation methods took shape, shedding light on the lived experiences of targeted people. Bringing together approaches from political philosophy, social anthropology, and sociology, Sertdemir outlines the approaches and justifications used by the Turkish government to dismiss opponents, increase surveillance, and brand citizens as 'terrorists'. At the same time, extensive archival research and in-depth interviews bring focus to the impact of these measures on the lives of women, and the disabled and LGBTQ+ communities.
Neutrality, a foundational principle in humanitarian efforts and peace mediation, encounters significant practical challenges in the modern landscape of armed conflicts, particularly in the intermediary role of humanitarian organizations. This study examines the role of the International Committee of the Red Cross (ICRC) as a neutral intermediary in Yemen, focusing on the release and repatriation of detainees during the 2016–20 peace efforts. Drawing on the ICRC's experience, the analysis highlights the evolving understanding of neutrality from a rigid concept to a more flexible, context-sensitive approach. The findings emphasize the importance of neutrality in fostering trust and facilitating dialogue while acknowledging the operational complexities and strategic considerations involved. This study provides insights into enhancing the contributions of neutral intermediaries to sustainable peace processes.
The chapter discusses the position of victims in international criminal justice and the evolution of their status and modalities of their involvement in the administration of justice by international criminal jurisdictions, with a particular focus on the legal regime of the International Criminal Court (ICC). The chapter highlights the centrality of victims as the core constituency of international criminal law and the mismatch between this aspiration and the limited recognition of their agency and rights before the UN ad hoc tribunals. It then examines how the ICC’s architects have sought to bridge this gap in the Court’s Statute and Rules of Procedure and Evidence. The ICC’s legal framework is unprecedented in this respect. Over and above the protective measures necessary on account of their engagement in the proceedings, it granted victims extensive rights to participate and be legally represented at different stages the ICC proceedings as well as the autonomous right to obtain reparations. The chapter surveys the key challenges this ambitious scheme has raised, as far as the admission of victims to participate, the organisation of their legal representation, and the implementation of reparations are concerned, and solutions that have been developed in the Court’s practice to date.
This chapter will explore how the provisions governing best interests assessments ought to be reformed so as to better ensure that an agent’s authentic desires are being prioritised in decisions being taken about them. The starting point should be that the assessor ascertains ‘so far is reasonably practicable’ the individual’s wishes, feelings, beliefs, and values. This should then be supplemented by a presumption that the agent’s wishes and feelings will be determinative of what is in their best interests, except when giving effect to them will expose the person to a risk of significant harm. Even where the harms are significant, however, there will still be occasions where the agent’s wishes and feelings should nonetheless take precedence; where to do otherwise would involve frustrating their deeply and authentically held beliefs, values, or commitments. This chapter will highlight some of the potential considerations which ought to guide assessors in these circumstances. It will propose that assessors be provided with a list of factors that they must take into account when determining the degree of weight to be ascribed to the agent’s wishes, which reflect these considerations.
The foregoing discussion has highlighted the fundamental fragility of assessments of capacity, which hinge on a series of complex yet unavoidable clinical judgements about the person’s cognitive capacities and the origins of the beliefs or values that motivate their decision. This chapter will explore the implications of this for best interests assessments and, in particular, the extent to which due weight is currently being given to the person’s authentically held values and beliefs in the assessment of their best interests. Drawing on case law, interviews, and post-legislative scrutiny of the Mental Capacity Act, it will conclude that despite a number of empowering court decisions, the lack of direction contained in the Act on how to apply the MCA has still resulted in different weight being attributed to the agent’s wishes. Moreover, the trend towards greater empowerment has not yet trickled down to decisions being taken on the ground by doctors and care workers, which still remain characterised largely by paternalism and risk aversion. Those undertaking best interests assessments could therefore benefit from a more unified starting point and greater clarity on the factors which ought to influence the degree of weight accorded to the individual’s wishes.
Women who are currently serving in a variety of combat roles and combat support positions in many state militaries around the globe have had to struggle for their positions by proving their abilities, and such struggles are still ongoing. Based on interview materials with veterans, this article examines the ways in which the veterans interpret their roles as women in combat positions and how they understand agency. The article further traces how their presence in war could alter the gendered meaning of protection. While the military is a key institution of overt gendered power in the state, women combatants’ voices can create a crack in the masculine dominance that is taken for granted in state narratives; they can also create a wedge that allows in a reconsideration of gendered roles and power relations in the context of militaries, thereby offering more nuanced interpretations of protection and agency.
The principle of prohibiting forced labour exists in both treaty and customary international law. However, there are limits to this prohibition, in that certain types of forced labour are actually permitted; this is the case for forced labour performed by prisoners of war (PoWs). This paper examines the legal regime applicable to such labour. It starts by setting out the current rules, following a brief historical review. It then explains the shortcomings of those rules, which are open to abuse and are not focused exclusively on the rights and interests of the PoWs, before proposing two possible ways of improving the situation by means of a systemic approach. The first is based on international humanitarian law itself, while the second is based on the complementary relationship between that body of law and international human rights law. Such improvements would give PoWs the right to perform any available work while continuing to require them to carry out work exclusively dedicated to running the PoW camp.
This is a general introduction to the book, explaining that the purpose of the book is to provide a concise but detailed explanation of the core rules of international humanitarian law. The contents of each chapter are summarised. It explains that the book looks at the major areas of IHL, putting them in historical context, so as to better understand how the law has evolved. This book also examines the current challenges for and pressures on the existing law, as IHL rules adopted in the time of cavalry and bayonets must adapt to deal with issues like drones, cyber warfare and autonomous weaponry. It notes that the third edition has been updated to reflect new developments in the law of armed conflict up to May 2023.
This chapter deals with Occupational Health and how to protect healthcare workers from acquiring infections (e.g. HAV, HBV, HIV, HCV, VZV, influenza, Covid-19, measles, mumps, rubella, polio, TB, diphtheria, meningococcal infection and tetanus) while at work. It describes how healthcare workers can be protected by providing pre-exposure vaccinations and post-exposure treatments, as well as discussing responses to outbreaks and routes of infection.
Even though places of worship are protected by the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, they often become targets. To safeguard the cultural property of religious communities, it is necessary to plan for wartime protection under peaceful conditions, but studies of how this planning was conducted after 1945 are largely missing. This Article compares how the cultural property of the Church of Sweden (Lutheran) has been planned for protection up until 2023. Cultural property protection was first introduced in World War II, but the Church had to plan and carry out most protective measures without state support. During the Cold War, a system for protecting movable property was developed that lasted until it was replaced in the 1980s by cultural protection plans that employed a more holistic approach to risk mitigation in peace as well as in war. Finally, the recent development and future challenges are discussed in relation to the 1954 Hague Convention and the reconstruction of a Swedish total defense due to the Russo-Ukrainian War.
This article explores the analytical trajectory of desecuritisation strategies in the Global South through the case of Colombian refugees in Ecuador (2005–12). It maps desecuritisation strategies and their enabling and constraining factors against the backdrop of an entrenched infiltration discourse and an emerging rights-based discourse. The analysis of speeches, interviews, and policies demonstrates that governmental elites set in motion more transformative strategies when regional identity and emigration are raised in the political agenda. However, critical developments such as bilateral tensions and the lack of audience support sway desecuritisation towards more managerial strategies and ultimately, to resecuritisation. Shifting the empirical application of desecuritisation to this South American setting reveals the transformational capacity of desecuritisation strategies and reiterates the decisive role of the audience.
This chapter critically examines the distinctive institutional and normative regime created by the UN for the Palestinian refugees in the immediate aftermath of the Nakba in the form of the United Nations Conciliation Commission for Palestine and the United Nations Relief and Works Agency for Palestine Refugees in the Near East. It juxtaposes that regime against the international institutional and normative regime applicable to all other refugees in the world, as administered by the United Nations High Commissioner for Refugees. The special regime for Palestinian refugees is widely regarded as reflective of the UN’s unique responsibility for their plight. Yet, a critical examination of the UN record on the early history, mandate, and regulatory framework underpinning this regime reveals that it was never intended to give effect to Palestinian refugee rights as established under prevailing international law, including as affirmed by the UN itself. The resulting ‘protection gap’ that has consequently emerged for Palestinian refugees, marked by uneven and confused state practice concerning their plight as well as ongoing gender discrimination against them by the UN, is demonstrative of the Organization’s role in the maintenance of Palestinian legal subalternity on the international plane.
This chapter provides an introduction to the evolution of IOM’s mandate and obligations from its founding in 1951 to 2022. In contrast to the tendency in some scholarly literature to portray IOM as a static actor devoid of normative obligations and available to unquestioningly advance state interests, however nefarious, this chapter paints a more complex picture. Focusing in particular on IOM as a “multi-mandated” organization, the chapter charts how IOM’s mandate and conceptions of its obligations have shifted over time, including in light of the development over the past two decades of a significant set of internal policies, frameworks and guidelines. Without minimizing the significant gaps and opacity that remain, the chapter explores changes in the organization’s perceived purpose and obligations, and explanations for these shifts, drawing on insights from international relations scholarship on international organizations’ legitimation efforts. Gradually, IOM has transformed from a logistics agency strapped to the interests of the United States, to a global organization with a still nascent but growing sense of its obligations not only to states but also to people on the move—changes that have ultimately advanced IOM’s efforts to secure its own position and power in the international system.
Studies on criminal justice in Ghana have implicated the police in bribery, breach of trust, crime trade, and brutality, among others. This study departed from the approach of “perceived wrongs” cited against the police and examined the less untold challenges which militate against child-friendly policing in the country. A total of 160 police respondents were randomly selected from three police districts in the Northern Region of Ghana in a correlational study design. Administering a questionnaire was used as the primary data collection method. The study found that the police are constrained by inadequate cells for juveniles, inadequate serviceable vehicles, lack of remand homes for juveniles, lack of State-owned temporary shelters for victims of abuse and inadequate budgetary support for handling juvenile crimes. Using Kendall’s coefficient of concordance, with a 147.119 (df = 5) value for χ2, the asymptotic significance (p) was 0.000, signifying a significant agreement among police officers’ grading scores. Kendall’s coefficient of concordance (W) figure was found to be 0.751, implying that 75.1% of the ranking scores given by police officers were in consonance with these challenges which have restrained them from any practical child-friendly policing and administration of juvenile justice in the study locality.
Intentional violence against healthcare workers inflicts a physical and mental toll, motivating legislative proposals to better regulate these occupational risks. This article uses this context to address two novel issues for benefit assessment raised by injuries from assailants: potential heterogeneity in valuation based on the context of the injury risk and possible reductions in self-reported valuations when the exposed population has been trained to feel responsible for the risk. This article presents experimental evidence on workers’ preferences over the form of intervention: protection (risk reduction) or insurance (cost-sharing). The experiment also elicits worker valuations of occupational health care risks, calculating the value of a statistical injury (VSI), based on local wage-risk tradeoffs, in the general range of $200,000. Workers accord a premium to risk reductions that might eliminate the risk of injuries. Both the physical harm and the process by which the injury occurs may affect benefit assessments for the regulation of workplace violence. Non-healthcare participants require a $40,000 premium per expected injury resulting from intentional harm. While health care workers do not generally require such a premium, health care workers in clinical positions require more compensation to face occupational risks. Insurance coverage for monetary losses is more highly valued than protective measures for accidental harms, though there is no significant comparable preference for insurance against intentional harms. The results have important practical implications for addressing the concerning phenomenon of violence against healthcare workers, suggesting that expanding insurance compensation would be desirable, as would assigning an intentionality premium to intentional injuries.
This article presents the first feminist doctrinal textual analysis of cross-pillar synergies within thematic resolutions of the United Nations Security Council. Specifically, it examines the pillars relating to ‘participation’ and ‘protection’ under the Women, Peace and Security (WPS) agenda. In attempts to balance agency with victimhood, normative advancement of both pillars has until recently evolved along parallel tracks, with little acknowledgment of how protection relates to women's participation. This article identifies synergies, gaps and productive tensions as the WPS agenda begins to engage with the inter-relationship between the pillars. It outlines critical implications and considerations for any future moves towards cross-pillar congruence.