The legal legitimacy of Turkey's interventions in Iraq and Syria (2015-2018)
2020
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Advisor: Prof. Dr. Alaeddin Yalçınkaya
Abstract (EN)
This thesis examines the legitimacy of Operation Shah Euphrates, the Intervention of Bashiqa, the Operation Euphrates Shield, and the Operation Olive Branch in accordance with international law. Turkey has officially stated that it carried out these interventions in accordance with the right of self-defense based on Article 51 of the UN Charter. According to the Article 51, the right of self-defense for a state can be applied only if an armed attack occurs against it. This thesis will be discussed whether or not the attacks that took place in Turkey by terrorist organizations, is sufficient magnitude to satisfy the criteria of the 'armed attacks' as set forth in Article of 51. Furthermore, Turkish interventions that are claimed to have taken place on the basis of terror attacks will be evaluated on the extent of their limits, appropriateness and aim towards the threats posed by the terrorist organizations. In hindsight, the UN Security Council has failed to take the necessary and reasonable measures against the crisis that is threatening international peace and security. Under these circumstances, what kind of measures can be taken by Turkey against these threats by available means, until the UN Security Council takes the necessary measures, will also be examined. As the Turkish interventions are explained on the basis of the right of self-defense, they will also be evaluated within the framework of the "Doctrine of Unable and Unwilling" and the "Doctrine of Necessity," as well as the "Doctrine of Responsibility to Protect," in order to respond to the problems that the UN Charter is unresponsive to. Considering the ambiguities of the right of self-defense and the questionable nature of the working system of the UN Security Council, the structure of the thesis is constructed on the "Global Governance Theory". Lastly, this study assesses the role and importance of international humanitarian law in the Syrian civil war and its impact on the legitimacy of the Turkish interventions.
Author
Dr. Baransel Mızrak
Institution
How to Cite
Baransel Mızrak (Doctorate thesis). The legal legitimacy of Turkey's interventions in Iraq and Syria (2015-2018), 2020, Marmara University.
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