Turkish military operations in the vision of international law

Turkish military operations in the vision of
international law

By: Kawa Nader Qader

After 2015, the Turkish state intensified its attacks not only on the people of Kurdistan in Bakur ( North Kurdistan ), but also on the south and west of Kurdistan, claiming “the right of the self-defence, and fighting against terrorism, …”. Erdogan’s regime and his army are always boasts of such claims. Launching aggression against the National sovereignty and integrity of the other countries are happening on the sight and hearing of the international community and international and human rights organizations. Erdogan’s aggressions are depending on the statements of Article No.51 of the United Nations Charter and UN Resolutions No.1373 and 1368, which is the self-defence of countries. Turkish regime has mixed UN resolutions with security and military issues outside the political borders of states. To explain to what extent the claims of the Turkish State comply with this article and international resolutions and explaining the legitimacy of self-defence, it can be said that:
The United Nations Charter, Article No.51, and its resolutions in this area, on which Erdogan relies in its extraterritorial intervention, is not absolute right but considered among exceptions and applied in such circumstances and specific criteria. These conditions include urgent demand and proportionality and with giving the green light and notification of the Security Council only to intervene as a self-defence. However, what Turkey is doing is the process of revenge and is not the self-defence as it is ‘’putting the cart before the horse’’.
The no intervention in the internal and external issues of countries and protect of sovereignty included in the Article No.15 of United Nation’s charter and UN resolution No.2131 very clearly. Turkey does not followed the international rules to protect its own territory from aggression. Instead, Turkish regime has committed intervention outside its political borders and enforced people to be away from their own identity, meaning that Turkey has stepped against international laws.
The definition of terrorism is still ambiguous in the international community and raises debates and disagreements in the law. Terrorism is a complex social phenomenon that may refer to many causes, motivations, many effects from various aspects. The use of own-explanation has caused legal forms and breaches of the most important principles of international law.
The doctrine also states that exceptions are not as a rule and the exercise of the legitimate right and preventive defence are exceptions not available in Turkish military intervention.
Thus, Turkey’s political and geopolitical analysis gives ambiguity and does not have a complementary view of the discourse of international law, legal analysis of the legitimacy of self-defence, and reveals the legal problems.
What is Turkish state doing nowadays can be addressed:
A clear violation of the principles and UN resolutions on peace and collective security.
Violation of the territorial integrity and sovereignty of the Member States of the United Nations.
The use of force against the will of the peoples and their national rights given by the United Nations.
The Kurdistan issue is a matter of national liberation and defence of the invaded country and rights of their people. It is not the act of committing criminal acts but the right to self-defence and of human rights as well. It is not the terrorism, which alleged by Turkish regime.
July,9, 2018

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