Penalizing migration and a culture of impunity

The chapter unpacks the concept of bordered penalty, examining the social and political forces behind increasing border enforcement, forced returns and growing discrimination against noncitizens. The authors argue that these issues are deeply linked to Turkey’s history of injustices and impunity toward ethnic and religious minorities, leading to a culture that tolerates violence against marginalized groups.

Kaşli and Yanaşmayan explore how this culture of impunity enables both state and citizen-led violence, creating a dual criminal justice system that criminalizes noncitizens while de-criminalizing violence against them. Through this analysis, the authors propose expanding the notion of bordered penalty by considering the historical and structural interconnections between nationalism, religion and citizenship. 

Zeynep Kaşli, Assistant Professor at the International Institute of Social Studies, brings her expertise in sociological analysis to the discussion, offering a critical look at how international law is both complicit in and actively enables the marginalization of migrants. The co-author, Zeynep Yanaşmayan, head of the Migration Department at DeZIM in Germany, adds depth to the chapter with her insights into cultural responses to migration and the broader implications of globalized legal systems in perpetuating these injustices.

The authors critique the ongoing criminalization of migrants within the context of contemporary political environments that often prioritize national security over human rights. They argue that the penalization of migration is not just an issue of legality but one that is deeply intertwined with broader cultural narratives and political strategies that exclude and stigmatize migrant populations.

The publication of this chapter is a significant contribution to the growing body of literature on migration studies and human rights and it promises to inspire further academic and policy discussions on the global migrant crisis.