Papers by Muhammet Celal KUL
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Medipol Üniversitesi Hukuk Fakültesi Dergisi (Medipol University Journal of Law), 2018
Status of forces agreements (SOFAs) are usually concluded when a state sends its troops to a fore... more Status of forces agreements (SOFAs) are usually concluded when a state sends its troops to a foreign country. SOFAs mostly are bilateral agreements however they might take different forms such as “exchange of notes”, or names as in “memorandum of understandings”. Moreover, they might be formulated as multilateral agreements as in the example of NATO SOFA. Status of forces agreements are neither military assistance agreements nor do they necessarily prescribe the mandate of a force. A State’s right to station its forces in another country, which is referred to as ius ad praesentiam, is not characteristically prescribed by a SOFA. To the contrary, SOFAs regulate the legal status of the forces while in a receiving State (ius in praesentia). This study aims to analyse bilateral experience of the US in terms of status of forces regime with Iraq, Japan and South Korea respectively. This study has been divided into three main sub-topics, each dedicated to one of theaforementioned countries, analysing its bilateral experience with the US.
Keywords: status of forces agreements, SOFAs, official duty status, immunities and privileges, exclusive jurisdiction, concurrent jurisdiction, primary jurisdiction, waiver of jurisdiction, Status of US forces in Iraq, Blackwater Incident, Status of US forces in Japan, Status of US forces in South Korea.
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Hamidullah's Muslim Conduct of State and its Import in respect of the History of Public International Law
Hamidullah's Muslim Conduct of State and its Import in respect of the History of Public Internati... more Hamidullah's Muslim Conduct of State and its Import in respect of the History of Public International Law
ABSTRACT
Hamidullah's Muslim Conduct of State, being a treatise on Muslim Public International Law, was an effort to revisit and uncover public international law as applied by Muslim States including the laws of war, peace and of neutrality. The author follows a classification of topics of public international law similar to that of today's treatises whilst providing precedents from the mainstream practice within the legal system of Islam(Fiqh) thus making it easier to compare the provisions, paractices and precedents of different legal sytems. This review touches following topics: Who is Hamidullah?, Various editions and translations of the book, The title and contents of the book, The import of the book in respect of history of the law of public international law and of various areas of law. Lastly, due to erroneous Turkish translation of title of the book it has attracted little attention among Turkish legal scholars. The fact that the book has been hiding behind a wicked and misleading title (in Turkish) triggered writing of this review in an attempt to shed some light on it.
Key Terms: Muhammad Hamidullah, Muslim Conduct of State, Laws of War in Islam, History of Law Public International Law, A Treatise on Muslim Public International Law
Hamidulah'ın “Muslim Conduct of State” İsimli Eseri ve Devletler Hukukunun Tarihi Zaviyesinden Ehemmiyeti
ÖZ
Hamidullah'ın İslam Devletler Hukuku hakkındaki isimli “Muslim Conduct of State” eseri Islam Devletlerinin, harb sulh ve bitaraflık hukuku da dahil olmak üzere tatbik ettikleri devletler hukukunu tanıtmaya ve izah etmeye müteveccih bir çabadan ibarettir. Müellif, modern devletler hukuku sahasında yazılan eserlere benzer bir mündericat sistematiği takip ederken içtihaddan ve esaslı devlet tatbikatlarından getirdiği misallerle diğer hukuk sistemlerindeki hüküm ve kurallarla mukayese yapmayı kolaylaştırmıştır. İşbu tahlil temel olarak aşağıdaki başlıklara temas etmektedir: Muhammed Hamidullah kimdir, Kitabın çeşitli tab' ve tercümeleri, Eserin devletler hukukunun tarihi ve diğer hukuk sahaları vechinden ehemmiyeti. Nihayet, başlığının Türkçe'ye hatalı tercüme edilmesi sebebiyle mezkur eser Türkiye'deki hukukçulardan yeterli alakayı görmemiştir. Muslim Conduct of State isimli kitabın kötü ve yanlış yönlendirici tarzda tercüme edilen (Türkçe) bir başlığın arkasında saklı kalması bu tahlilin kaleme alınmasında esas müşevvik olmuştur.
Anahtar Kelimler: Muhammed Hamidullah, Muslim Conduct of State, İslamda Harb Hukuku Kuralları, Devletler Hukukunun Tarihi, İslam Devletler Hukuku üzerine bir Eser
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In this study, we generally handle the recognition of States in respect of the international law ... more In this study, we generally handle the recognition of States in respect of the international law with its historical background, referring to the different views on the issue. Although the subject of recognition can be explained under some several topics, it is generally accepted that the recognition in itself means only the recognition of the states rather than the recognition of belligerency or recognition of governments. Because the recognition of the states brings some burdens on the recognizing states, the recognizing states always act politically rather than acting in any other way. Because there have always been the interests of the existing states. Therefore the problem is far from being solved by only the principals of the international law. So we also choose to handle the very controversial issues of the recognition such as: the, constitutive and explanatory theories pertaining to the recognition, de jure and de facto recognition, when the recognition constitutes interference to another state’s internal affairs and many other debates here. Because, there are still so many units (not yet recognized states) waiting for being recognized which we handle in this article.
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In this study organised crime and terrorism were handled considering sometime their being concomi... more In this study organised crime and terrorism were handled considering sometime their being concomitant of one another. United Kingdom as a country reserving the national security one
of the most important issues on its agenda, UK has done much in combatting both the organised crime and the terrorism. We analysed what has done and which agencies were established and which legal documents have been passed and which regulations have been made to combat these major crimes.
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Books by Muhammet Celal KUL
ULUSLARARASI HUKUKTA KUVVETLER STATÜSÜ ANLAŞMALARI, 2020
Status of forces agreements (SOFAs) are usually concluded when a State sends its troops to a fore... more Status of forces agreements (SOFAs) are usually concluded when a State sends its troops to a foreign country. SOFAs mostly are bilateral agreements however they might take different forms such as “exchange of notes”, or names as in “memorandum of understandings”. Moreover, they might be formulated as multilateral agreements as in the example of NATO SOFA. Status of forces agreements are neither military assistance agreements nor do they necessarily prescribe the mandate of a force. A State’s right to station its forces in another country, which is referred to as ius ad praesentiam, is not prescribed by a SOFA. To the contrary, SOFAs regulate the legal status of the forces while in a receiving State (ius in praesentia).
This study aims to analyse bilateral and multilateral examples of SOFAs. To that end, the study starts the regime of NATO SOFA, bilateral SOFA experiences of States (i.e.: Afghanistan, Germany, Turkey, Japan, South Korea, the USA etc. with other States). Finally, status of UN peacekeepers is handled followed by the jurisdiction of International Criminal Court over foreign military personnel.
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Exploring the Anatomy of the Syrian Armed Conflicts, 2020
For more than nine years, Syrian Arab Republic has been home to armed conflicts. The situati... more For more than nine years, Syrian Arab Republic has been home to armed conflicts. The situation in Syria has proven to be severe than a military coup or a bloody regime change. Armed conflicts in Syria has caused many crises including humanitarian and refugee crises. However, this study has been prepared to analyse the legal interplay between the types of armed conflicts between the main contenders of the armed conflicts in Syria. Moreover, Syrian armed conflicts are not finished yet and facts might change faster than one might estimate. Therefore, writing about a developing story or a current affair has not been an easy work. But luckily enough, arguments and analyses used in this study are still valid and up to date.
The focus of this study is the nature and classification of the Syrian armed conflicts (a problematic topic which requires analysis for its various consequences). For the purposes of international humanitarian law, to give an overall picture of Syrian armed conflicts, this paper identifies the main contenders and the conflicts between them. The study has been divided into four parts. International armed conflicts have been discussed in the first part. The second part deals with non-international armed conflicts. In the third part internationalisation of armed conflicts has been analysed. Finally, the last part has been allocated for legal effects of classification of armed conflicts of Syria.
In exploring the nature of the Syrian armed conflicts, different views found under international humanitarian law have been revisited and applied to these conflicts. Moreover, an examination of ISIS (also known as DAESH), the role of third States, namely, Iran, Russia, Turkey and the coalition forces) and non-State actors, such as the Free Syrian Army and People’s Protection Units (YPG) have been considered. Furthermore, the question as to whether the Free Syrian Army or other non-State actors may be regarded as a national liberation movement has been addressed.
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ULUSLARARASI CEZA MAHKEMESİ ve ULUSLARARASI TECÂVÜZ (SALDIRI) SUÇU , 2016
Although this study mainly deals with the latest developments regarding the crime of aggression i... more Although this study mainly deals with the latest developments regarding the crime of aggression it also deals with historical aspect of the aggression and the International Criminal Court. In this context firstly the International Criminal Court has been introduced as being the court that would exercise jurisdiction over the crime of aggression. In doing this the process that led to the establishment of the International Criminal Court and the crimes within the jurisdiction of the Court and the structure of the Court, as being the Office of Prosecutor, Registry, Pre-Trial Division, Trial Division, Appeal Division the Presidency, were introduced. In the next part of the study, the aggression was analyzed as a term and as a concept by also stating the relationship with some certain international legal concepts such as humanitarian intervention, self- defense, use of force. In the following pages the history of the aggression were analyzed from the era of “just war” to our date. In doing this, many historic legal documents, in some of which the term aggression took part and by some of which the use of force was restricted, were studied. Among them were the Statute of the League of Nations, the Treaty of Versailles, Treaty of Locarno, Briand-Kellog Pact, Charter of United Nations, London Charter and Nuremberg Charter and the decision of the Nuremberg Military Tribunal, Tokyo Charter, Friendly Relations Declaration, United Nations General Assembly Resolution 3314(XXIX) of 1974 on the “Definition of Aggression” and the Codes of Crimes prepared by the International Law Commission.
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e. The latest developments regarding the crime of aggression is the main focus of this study. And... more e. The latest developments regarding the crime of aggression is the main focus of this study. And the study gives equal importance to the historical aspect of the aggression and the International Criminal Court. In this context firstly the International Criminal Court has been introduced as being the court that would exercise jurisdiction over the crime of aggression. In doing this, the process that led to the establishment of the International Criminal Court and the crimes within the jurisdiction of the Court and the structure of the Court, as being the Office of Prosecutor, Registry, Pre-Trial Division, Trial Division, Appeal Division the Presidency, were introduced. In the next part of the study, the aggression was analyzed as a term and as a concept by also stating the relationship with some certain international legal concepts such as humanitarian intervention, self- defense, use of force. In the following pages the history of the aggression were analyzed from the era of “just war” to our date. In doing this, many historic legal documents, in some of which the term aggression took part and by some of which the use of force was restricted, were studied. Among them were the Statute of the League of Nations, the Treaty of Versailles, Treaty of Locarno, Briand-Kellog Pact, Charter of United Nations, London Charter and Nuremberg Charter and the decision of the Nuremberg Military Tribunal, Tokyo Charter, Friendly Relations Declaration, United Nations General Assembly Resolution 3314(XXIX) of 1974 on the “Definition of Aggression” and the Codes of Crimes prepared by the International Law Commission.
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Papers by Muhammet Celal KUL
Keywords: status of forces agreements, SOFAs, official duty status, immunities and privileges, exclusive jurisdiction, concurrent jurisdiction, primary jurisdiction, waiver of jurisdiction, Status of US forces in Iraq, Blackwater Incident, Status of US forces in Japan, Status of US forces in South Korea.
ABSTRACT
Hamidullah's Muslim Conduct of State, being a treatise on Muslim Public International Law, was an effort to revisit and uncover public international law as applied by Muslim States including the laws of war, peace and of neutrality. The author follows a classification of topics of public international law similar to that of today's treatises whilst providing precedents from the mainstream practice within the legal system of Islam(Fiqh) thus making it easier to compare the provisions, paractices and precedents of different legal sytems. This review touches following topics: Who is Hamidullah?, Various editions and translations of the book, The title and contents of the book, The import of the book in respect of history of the law of public international law and of various areas of law. Lastly, due to erroneous Turkish translation of title of the book it has attracted little attention among Turkish legal scholars. The fact that the book has been hiding behind a wicked and misleading title (in Turkish) triggered writing of this review in an attempt to shed some light on it.
Key Terms: Muhammad Hamidullah, Muslim Conduct of State, Laws of War in Islam, History of Law Public International Law, A Treatise on Muslim Public International Law
Hamidulah'ın “Muslim Conduct of State” İsimli Eseri ve Devletler Hukukunun Tarihi Zaviyesinden Ehemmiyeti
ÖZ
Hamidullah'ın İslam Devletler Hukuku hakkındaki isimli “Muslim Conduct of State” eseri Islam Devletlerinin, harb sulh ve bitaraflık hukuku da dahil olmak üzere tatbik ettikleri devletler hukukunu tanıtmaya ve izah etmeye müteveccih bir çabadan ibarettir. Müellif, modern devletler hukuku sahasında yazılan eserlere benzer bir mündericat sistematiği takip ederken içtihaddan ve esaslı devlet tatbikatlarından getirdiği misallerle diğer hukuk sistemlerindeki hüküm ve kurallarla mukayese yapmayı kolaylaştırmıştır. İşbu tahlil temel olarak aşağıdaki başlıklara temas etmektedir: Muhammed Hamidullah kimdir, Kitabın çeşitli tab' ve tercümeleri, Eserin devletler hukukunun tarihi ve diğer hukuk sahaları vechinden ehemmiyeti. Nihayet, başlığının Türkçe'ye hatalı tercüme edilmesi sebebiyle mezkur eser Türkiye'deki hukukçulardan yeterli alakayı görmemiştir. Muslim Conduct of State isimli kitabın kötü ve yanlış yönlendirici tarzda tercüme edilen (Türkçe) bir başlığın arkasında saklı kalması bu tahlilin kaleme alınmasında esas müşevvik olmuştur.
Anahtar Kelimler: Muhammed Hamidullah, Muslim Conduct of State, İslamda Harb Hukuku Kuralları, Devletler Hukukunun Tarihi, İslam Devletler Hukuku üzerine bir Eser
of the most important issues on its agenda, UK has done much in combatting both the organised crime and the terrorism. We analysed what has done and which agencies were established and which legal documents have been passed and which regulations have been made to combat these major crimes.
Books by Muhammet Celal KUL
This study aims to analyse bilateral and multilateral examples of SOFAs. To that end, the study starts the regime of NATO SOFA, bilateral SOFA experiences of States (i.e.: Afghanistan, Germany, Turkey, Japan, South Korea, the USA etc. with other States). Finally, status of UN peacekeepers is handled followed by the jurisdiction of International Criminal Court over foreign military personnel.
The focus of this study is the nature and classification of the Syrian armed conflicts (a problematic topic which requires analysis for its various consequences). For the purposes of international humanitarian law, to give an overall picture of Syrian armed conflicts, this paper identifies the main contenders and the conflicts between them. The study has been divided into four parts. International armed conflicts have been discussed in the first part. The second part deals with non-international armed conflicts. In the third part internationalisation of armed conflicts has been analysed. Finally, the last part has been allocated for legal effects of classification of armed conflicts of Syria.
In exploring the nature of the Syrian armed conflicts, different views found under international humanitarian law have been revisited and applied to these conflicts. Moreover, an examination of ISIS (also known as DAESH), the role of third States, namely, Iran, Russia, Turkey and the coalition forces) and non-State actors, such as the Free Syrian Army and People’s Protection Units (YPG) have been considered. Furthermore, the question as to whether the Free Syrian Army or other non-State actors may be regarded as a national liberation movement has been addressed.
Keywords: status of forces agreements, SOFAs, official duty status, immunities and privileges, exclusive jurisdiction, concurrent jurisdiction, primary jurisdiction, waiver of jurisdiction, Status of US forces in Iraq, Blackwater Incident, Status of US forces in Japan, Status of US forces in South Korea.
ABSTRACT
Hamidullah's Muslim Conduct of State, being a treatise on Muslim Public International Law, was an effort to revisit and uncover public international law as applied by Muslim States including the laws of war, peace and of neutrality. The author follows a classification of topics of public international law similar to that of today's treatises whilst providing precedents from the mainstream practice within the legal system of Islam(Fiqh) thus making it easier to compare the provisions, paractices and precedents of different legal sytems. This review touches following topics: Who is Hamidullah?, Various editions and translations of the book, The title and contents of the book, The import of the book in respect of history of the law of public international law and of various areas of law. Lastly, due to erroneous Turkish translation of title of the book it has attracted little attention among Turkish legal scholars. The fact that the book has been hiding behind a wicked and misleading title (in Turkish) triggered writing of this review in an attempt to shed some light on it.
Key Terms: Muhammad Hamidullah, Muslim Conduct of State, Laws of War in Islam, History of Law Public International Law, A Treatise on Muslim Public International Law
Hamidulah'ın “Muslim Conduct of State” İsimli Eseri ve Devletler Hukukunun Tarihi Zaviyesinden Ehemmiyeti
ÖZ
Hamidullah'ın İslam Devletler Hukuku hakkındaki isimli “Muslim Conduct of State” eseri Islam Devletlerinin, harb sulh ve bitaraflık hukuku da dahil olmak üzere tatbik ettikleri devletler hukukunu tanıtmaya ve izah etmeye müteveccih bir çabadan ibarettir. Müellif, modern devletler hukuku sahasında yazılan eserlere benzer bir mündericat sistematiği takip ederken içtihaddan ve esaslı devlet tatbikatlarından getirdiği misallerle diğer hukuk sistemlerindeki hüküm ve kurallarla mukayese yapmayı kolaylaştırmıştır. İşbu tahlil temel olarak aşağıdaki başlıklara temas etmektedir: Muhammed Hamidullah kimdir, Kitabın çeşitli tab' ve tercümeleri, Eserin devletler hukukunun tarihi ve diğer hukuk sahaları vechinden ehemmiyeti. Nihayet, başlığının Türkçe'ye hatalı tercüme edilmesi sebebiyle mezkur eser Türkiye'deki hukukçulardan yeterli alakayı görmemiştir. Muslim Conduct of State isimli kitabın kötü ve yanlış yönlendirici tarzda tercüme edilen (Türkçe) bir başlığın arkasında saklı kalması bu tahlilin kaleme alınmasında esas müşevvik olmuştur.
Anahtar Kelimler: Muhammed Hamidullah, Muslim Conduct of State, İslamda Harb Hukuku Kuralları, Devletler Hukukunun Tarihi, İslam Devletler Hukuku üzerine bir Eser
of the most important issues on its agenda, UK has done much in combatting both the organised crime and the terrorism. We analysed what has done and which agencies were established and which legal documents have been passed and which regulations have been made to combat these major crimes.
This study aims to analyse bilateral and multilateral examples of SOFAs. To that end, the study starts the regime of NATO SOFA, bilateral SOFA experiences of States (i.e.: Afghanistan, Germany, Turkey, Japan, South Korea, the USA etc. with other States). Finally, status of UN peacekeepers is handled followed by the jurisdiction of International Criminal Court over foreign military personnel.
The focus of this study is the nature and classification of the Syrian armed conflicts (a problematic topic which requires analysis for its various consequences). For the purposes of international humanitarian law, to give an overall picture of Syrian armed conflicts, this paper identifies the main contenders and the conflicts between them. The study has been divided into four parts. International armed conflicts have been discussed in the first part. The second part deals with non-international armed conflicts. In the third part internationalisation of armed conflicts has been analysed. Finally, the last part has been allocated for legal effects of classification of armed conflicts of Syria.
In exploring the nature of the Syrian armed conflicts, different views found under international humanitarian law have been revisited and applied to these conflicts. Moreover, an examination of ISIS (also known as DAESH), the role of third States, namely, Iran, Russia, Turkey and the coalition forces) and non-State actors, such as the Free Syrian Army and People’s Protection Units (YPG) have been considered. Furthermore, the question as to whether the Free Syrian Army or other non-State actors may be regarded as a national liberation movement has been addressed.