THE LEGALITY OF THE TURKISH USE OF FORCE IN NORTHERN SYRIA UNDER THE INTERNATIONAL LAW

Abstract

The legality of the use of force in the Middle East has remained a debatable matter in international law in various incidents. Numerous contentious debates on the validity of US intervention in Iraq, the US lead coalition intervention in Syria, and other events. Some scholar argues it is legal actions, while others said it violated the basic rule of the prohibition the use of force. The dissertation concentrates on Turkey's invasion of North Syria on the 9th of October 2019. The attack intended to clear the area from ISIS based on the Turkish announcement. Turkey alleges that its operation is legal as self-defense under the United Charter.

The dissertation aims to investigate the validity of Turkey use of force in North Syria under the UN Charter by reviewing its conformity the state practice and opinio Juris. This paper review accompanies the thesis titled, ‘Is the Turkish Use of force in North Syria legal under international law?’. The thesis divided into various chapters. It started with introduction of the significant features of the Use of force in the Middle East in general and the Use of force by Turkey in northern Syria in particular.

The dissertation will exclude the issues of the implication of the Use of force on International Humanitarian Law and International Human rights law. The focus of the thesis will be only on the legality of the Use of force by Turkey., according to International Law. The first chapter will investigate the right of Turkey to exercise the right of self-defense. And whether there is an imminent threat to the Turkish territory that force Turkey to intervene in North Syria. The next chapter will examine the argument that Turkey has the right to invade Syria on the ground of anticipatory self-defense. Drawing the line on the conditions of anticipatory self-defense, such as an actual armed attack accruing on the invader territory and it applicability in this case.

The third chapter will assume that Turkey fulfilled the requirement of Use of force in self-defense as there is an immune danger threatening the peace and security of Turkey. Then the chapter will explore the right to use force in self-defense against the non-state actor in sovereign state territory. The Last chapter will try to start an alternative argument for the legality of Use of force by Turkey that Turkey did not express and examine its strength in this situation. It will investigate whether the bilateral Military agreement between Turkey and Syria, such as The Adana Agreement 1998 and the Joint Cooperation Agreement 2010, allow for Military invasion by Turkey under Consent.

Each chapter of the above will evaluate the opinio juris and state practice separately by exploring the previous incident in which the state used force in self-defense, anticipatory self-defense, and with the consent of attacked country. The thesis is using the doctrinal methodology to examine and evaluate the legality of use force as the interpretation of treaties and cases is the primary authority in International law. Furthermore, the doctrinal methodology is the basis from which the dissertation can proceed.