Legal Responses to Terroristic Speech An Evaluation of the Turkey s Law in the Light of Ecthr and Unhrc Standards — İlyas Fırat Cengiz

İlyas Fırat Cengiz tarafından kaleme alınan Legal Responses to Terroristic Speech An Evaluation of the Turkeys Law in the Light of Ecthr and Un Adalet Yayınevi eseri olarak okurlarla buluşuyor Legal Responses to Terroristic Speech An Evaluation of the Turkeys Law in the Light of Ecthr and Un İlyas Fırat Cengiz Kitap Özeti Much scholarly attention has focused on the incremental extension of criminal liability for terroristic speech that widely reflects acknowledged preventive turn in criminal law This book examines the case law of Turkeys Yargıtay Court of Cassation and Constitutional Court on terroristic speech in the light of regional the European Court of Human Rights and international Human Rights Committee and CERD standards While this corpus of human rights law has obtained positive traction in Turkey with several progressive Constitutional amendments it is argued that the modern day regulation of terroristic speech resembles in many ways the now outmoded offence of sedition for silencing unsolicited expression It must of course be recognized that Turkey has experienced a protracted conflict and that recent terror attacks in European capital cities have reinvigorated the international War on Terror At a deeper level however this observation evidences a troubling state of affairs for even in this human rights era the imposition of far reaching restrictions on speech continues seemingly without contradiction Indeed in many cases the relevant criminal law offences especially those pertaining to indirect incitement were themselves been introduced at the behest of international instruments such as the UN Security Council Resolution 1624 2005 the Council of Europe Convention on the Prevention of Terrorism 2005 and the European Union Framework Decision on Combating Terrorism 2008 It is argued that the regulation of terroristic speech epitomizes the state centricity of human rights norms a phenomenon which Leigh and Lustgarten colourfully describe as assigning the safekeeping of children in a school playground to a pit bull terrier Moreover it also reflects the fundamental inability of the international community to agree upon a definition of terrorism The book thus draws attention on the invention of terrorism as a fundamentally political term involving moral judgment It is argued that the infusion of this political concept into legal reasoning is inherently problematic The binary nature of terrorism belies the more spectral nature of political violence and it is the latter which ought to inform a more nuanced judicial response to terroristic speech Yayınevi Adalet Yayınevi Yazar İlyas Fırat Cengiz Sayfa 346 Sayfa Kağıt 2 Hamur Boyut 16 00x23 50 cm Basım Yılı Mart 2022 Barkod 9786258092240 Kategori Hukuk Anayasa Hukuku

Much scholarly attention has focused on the incremental extension of criminal liability for terroristic speech that widely reflects acknowledged preventive turn in criminal law This book examines the case law of Turkey s Yargıtay Court of Cassation and Constitutional Court on terroristic speech in the light of regional the European Court of Human Rights and international Human Rights Committee and CERD standards While this corpus of human rights law has obtained positive traction in Turkey with several progressive Constitutional amendments it is argued that the modern day regulation of terroristic speech resembles in many ways the now outmoded offence of sedition for silencing unsolicited expression It must of course be recognized that Turkey has experienced a protracted conflict and that recent terror attacks in European capital cities have reinvigorated the international War on Terror At a deeper level however this observation evidences a troubling state of affairs for even in this human rights era the imposition of far reaching restrictions on speech continues seemingly without contradiction Indeed in many cases the relevant criminal law offences especially those pertaining to indirect incitement were themselves been introduced at the behest of international instruments such as the UN Security Council Resolution 1624 2005 the Council of Europe Convention on the Prevention of Terrorism 2005 and the European Union Framework Decision on Combating Terrorism 2008 It is argued that the regulation of terroristic speech epitomizes the state centricity of human rights norms a phenomenon which Leigh and Lustgarten colourfully describe as assigning the safekeeping of children in a school playground to a pit bull terrier Moreover it also reflects the fundamental inability of the international community to agree upon a definition of terrorism The book thus draws attention on the invention of terrorism as a fundamenta