CORE INTERNATIONAL CRIMES IN TURKISH CRIMINAL LAW AND THE ROME STATUTE

By virtue of the Europeanisation process, Turkey has carried out some legal reforms to its domestic law with the aim of fulfi lling the requirements to join the European Union (EU). The Turkish Penal Code (TPC) includes the crime of genocide, as well as crimes against humanity, since 2004. Nonetheless, Turkey has not incorporated all the crimes listed in the Rome Statute into domestic law. Thus, this paper will be looking at the inconsistencies between the TPC and the Rome Statute from a state interest point of view by scrutinising the constitutive eff ect of the EU and the International Criminal Court (ICC) on Turkey. Within the scope of this focus, it will be shown how the constitutive eff ects of the ICC and the EU have infl uenced Turkey. The second focus will be to shed light on the question of how Turkey’s selfinterest was refl ected in forming the new TPC and during the negotiation process for the Rome Statute. Although the TPC was adopted after the Rome Statute, the question remains as to why Turkey did not embrace all international crimes as defi ned in the Rome Statute