The aim of this study is to analyze criminological approaches to international crimes; specifically, within the scope of crimes falling under the jurisdiction of the International Criminal Court, evaluating attempts or constraints that lead to collaboration or exclusion between the fields of International Law and Criminology, and to provide an interdisciplinary perspective. The study examines the claim that criminology predominantly overlooks international crimes by addressing the fundamental characteristics, theoretical frameworks, and historical ruptures of these fields. It has been observed that criminological approaches have progressively aligned themselves more closely with International Law research focused on the analysis of international crimes, introducing more flexible and critically oriented perspectives that emphasize mutual gains. The close relationship between Criminal Law and criminological approaches at the national level is lacking in international and supranational studies. Efforts to address this deficiency continue to increase. This research takes into account the gap in the national literature and serves as a call for collaboration on this subject. Additionally, the study assesses the contributions of criminological approaches to the prevention of international crimes. Despite facing substantial criticism in terms of punitive measures and prosecutions within the current system, collaboration with the field of criminology is deemed to yield positive outcomes in the prevention of international crimes.
International Crimes Criminology International Law International Criminal Court Interdisciplinary
The purpose of this research is to evaluate criminological approaches to international crimes within the scope of the International Criminal Court from an international law perspective. The study aims to examine both historical and theoretical points where criminology and international law intersect, analyzing the potential mutual benefits that can be derived. In this research, definitions and scopes of international crimes and criminology are presented, their characteristics are discussed, their places in key debates in the literature are questioned, their interactions are evaluated, and the reasons behind efforts to link criminology with international crimes or include international crimes in the field of criminology are analyzed.
Critiques regarding criminology excluding international crimes from its scope have been addressed, considering the internationalization of criminology as a discipline. International criminal law and the International Criminal Court do not have the explicit purpose and mandate to analyze the origins of crime. However, given the advocacy for ensuring that crimes do not go unpunished and the pursuit of justice, a criminological assessment concerning the root causes of international crimes can contribute significantly.
Similarly, criminology can be supportive in achieving the objectives of the International Criminal Court and facilitating the implementation of processes. Does the Court indeed fulfill the promised assistance in preventing the crimes in question, which are considered the most serious international crimes, by defining crimes, uncovering criminal acts, legislating, and bringing perpetrators before a permanent court? Within the scope of this question, the contributions that criminology can offer in preventing international crimes and the pros and cons of its collaboration with the international criminal justice system should be assessed.
Criminology, due to its process-oriented approach, can assist in the analysis of internationally focused crimes that are traditionally approached with a results-oriented mindset. The discipline of criminology encompasses a rich theoretical diversity. In the research, only criminological theories that include international crimes in their scope or engage in discussions about such crimes are exemplified. Criminological theories often explain processes at the individual level and may not be sufficient when dealing with international crimes where external factors play a significant role. However, the interdisciplinary nature of criminology, interacting with various fields, has formed the basis for this research.
The internationalization of criminology has particularly taken place within the framework shaped after the Cold War. International crimes that occurred during conflicts in the 1990s drew attention on the international stage, creating a need for criminology as a significant field capable of analyzing these crimes. The complexity of transnational and cross-border international crimes occurring beyond international crimes on the international stage, along with the increasing diversity of subjects and issues, has combined with the structural constraints of criminology, making interaction more challenging.
Within this context, as one of the most significant debates in the literature, the research evaluates claims that criminology neglects or overlooks international crimes. The involvement of the state in international crimes, criticisms of the international criminal system, and issues related to neglect are among the reasons cited. Resource scarcity in the field of criminology, locality, individual-focused traditional assessments, and approaches directed from the perpetrator to the victim in the international system are also seen as other constraints on criminology’s engagement with international crimes.
The international criminal law system, with a focus on the prosecution of crimes, has been examined in the research, and the effectiveness of this system has been questioned. The study evaluates the contributions that understanding and explaining the root causes of international crimes can offer to the international criminal justice system. There is an observed increase in international literature on the subject, and similar positive trends are strengthening.
The research aims to contribute to the Turkish literature and calls for interdisciplinary studies that will separately scrutinize the intersections of both fields, with the goal of enhancing understanding. This call is directed towards international law scholars, encouraging them to engage in such interdisciplinary research.
