The Ottoman Empire and International Law

Abstract

The Ottoman Empire has long been a marginal subject in both the history and theory of international law. With the imperial turn in historiography and the postcolonial turn to history in legal studies, researchers challenge the stereotype of “the Sick Man of Europe,” paying due attention to the Ottomans’ own understanding of international law and society. Most importantly, throughout its centuries-long existence, the Ottoman Empire did not find itself vis-à-vis a monolithic, stable, and ready-made set of rules and ideas we today refer to as international law. On the contrary, interactions with the Ottomans—the Other par excellence for Christian Europe—helped transform droit public européen into modern international law. Neither the Islamic nor the Christian precepts predetermined this course of events. “Islamic” explanation was of little help in understanding the Ottomans’ relationship with the European powers. Notwithstanding the Islamic ideal of Holy War, the Ottoman Empire was among the key actors in the European balance of power. In the 19th century, however, Europeans increasingly established discrimination against Muslim Ottomans as a rule in international law, rarely perceiving their desire to be a full member of international society. Overall, the Ottoman Empire offers a fresh perspective for a truly universal history of international law.