Turkey continues its military operation in northeast Syria to control a major swath of Syrian territory, moving the Kurdish population far from its border, and Professor a renowned expert on international law, calls it lawless.
鈥淭urkey鈥檚 ground and air offensive on Syria, made possible by a United States military withdrawal, violates the fundamental law of the international community,鈥� O鈥機onnell says. 鈥淥peration Peace Spring is in breach of the central principle of the United Nations Charter, the prohibition on the use of force. Any serious violation of the prohibition is aggression.
鈥淭he new offensive is not Turkey鈥檚 first unlawful attack on Syria,鈥� she says, 鈥渢hough it is the most serious. This time Turkey鈥檚 military objective is to take and hold a 20-30 mile 鈥榖uffer zone鈥� along the entire Turkish-Syrian border. It will then move 2 to 3 million Syrian refugees into the zone. 鈥楤uffer zone鈥� is not a term of art in international law but 鈥榦ccupation zone鈥� is. That is what Turkey has planned, and it, too, will be unlawful.鈥�
As the invasion began, Turkey sent a letter to the United Nations Security Council reporting on its claim to be acting lawfully, though O鈥機onnell says the arguments are deeply flawed.
鈥淯nder Charter Article 51, a state may use military force in self-defense 鈥榠f an armed attack occurs,鈥欌�� O鈥機onnell explains. 鈥淭urkey鈥檚 letter doesn鈥檛 mention this clear condition. Instead Turkey complains of 鈥榓rmed harassment鈥� by Kurdish fighters, as well as future threats. Neither comes close to satisfying the legal conditions of self-defense.
鈥淚ronically, Russia criticized European members of the United Nations Security Council for failing to accurately and clearly condemn Turkey鈥檚 violation of international law. Russia refused to support their statement because it omitted any reference to the illegality of Turkey鈥檚 鈥榤ilitary presence in [Syria] 鈥� and the need to terminate it immediately.鈥� The irony lies in the fact that Russia has committed a similar violation by unlawfully occupying Crimea, sovereign territory of Ukraine.鈥�
United States Ambassador Kelly Craft warned Turkey that 鈥渇ailure to play by the rules, to protect vulnerable populations, failure to guarantee that ISIS cannot exploit these actions to reconstitute, will have consequences.鈥� She failed to say that Turkey has already violated the most important rule, the one prohibiting aggression.
鈥淚t is that violation of international law that has led to Ambassador Craft鈥檚 concerns,鈥� O鈥機onnell says. 鈥淚t is the duty of all members of the Security Council to support the international law of the charter on peace and security.鈥�
O鈥機onnell is Notre Dame鈥檚 Robert and Marion Short Professor of Law and Research Professor of International Dispute Resolution in the Kroc Institute for International Peace 91视频. She is author of 鈥�,鈥� and is听co-author of 鈥淪elf-Defense against Non-State Actors.鈥� She has served as a Fulbright Fellow at the Norwegian Nobel Institute and听also has been a professional military educator for the U.S. Department of Defense.
听
Contact: Mary Ellen O鈥機onnell, 574-631-7953,听