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Legality of the Turkish military operations in Syria

Kaja Kowalczewska Orcid Logo, Piotr Łubiński Orcid Logo

Problemy Współczesnego Prawa Międzynarodowego, Europejskiego i Porównawczego, Volume: 20, Pages: 55 - 83

Swansea University Author: Kaja Kowalczewska Orcid Logo

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DOI (Published version): 10.26106/9r8g-jt22

Abstract

The aim of this article is to address the legality of armed violence between Turkish armed forces and the Syrian government and non-state actors within the Syrian territory, including the Kurdish rebel forces. The scope of the article covers the Turkish military operations conducted from 2016 to 202...

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Published in: Problemy Współczesnego Prawa Międzynarodowego, Europejskiego i Porównawczego
ISSN: 1730-4504
Published: 2022
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URI: https://cronfa.swan.ac.uk/Record/cronfa70677
Abstract: The aim of this article is to address the legality of armed violence between Turkish armed forces and the Syrian government and non-state actors within the Syrian territory, including the Kurdish rebel forces. The scope of the article covers the Turkish military operations conducted from 2016 to 2020. Firstly, the authors address the issue whether Turkish operations were conducted within the scope of jus ad bellum. The authors’ conclusions are that the Republic of Turkey has violated international law and therefore the imposition of sanctions by other States and Syria’s claims for a cessation of the violation and appropriate restitution are justified. Secondly, the Turkish operations are classified under jus in bello from the perspective of the law governing international and non-international armed conflicts. This makes it possible to determine which norms of the law of armed conflict and international human rights law are applicable in this context. Moreover, it establishes a framework for further examination of the nature of the alleged violations and opens a debate on possible measures of redress for victims of the breaches attributable to the Republic of Turkey.
College: Faculty of Humanities and Social Sciences
Start Page: 55
End Page: 83

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