The concept of safe zone in international law and the example of northern Iraq

ABSTRACT This study examines the concept of the "safe zone" within the framework of international law, analyzing its normative foundations, practical implications, and the outcomes it produced in the context of Northern Iraq. Safe zones are defined as areas established to protect civilians during armed conflicts by providing a degree of security and refuge for non-combatants. However, the term "safe zone" lacks a precise and universally accepted legal definition. It emerged as a practice and concept in the post–Cold War era, closely linked with the development of humanitarian intervention and international protection policies. The study focuses on the first modern implementation of a safe zone: the 1991 Northern Iraq operation. The United States, the United Kingdom, and France established a protected area for Kurdish civilians fleeing Saddam Hussein's repression, acting under the implicit authorization of United Nations Security Council Resolution 688. Following Iraq's defeat by the US-led coalition, the country entered a phase of political instability, which enabled Kurdish forces in the North and Shiite groups in the South to strengthen their positions. After the March 1991 uprisings, the Iraqi Republican Guard's severe counteroffensive displaced approximately 1.5 million civilians, many of whom fled toward the Turkish and Iranian borders. Resolution 688, adopted by the UN Security Council on 5 April 1991, declared the humanitarian crisis in northern Iraq a "threat to international peace and security," thereby establishing a legal and political basis for the creation of a safe zone. The resolution demanded that the Iraqi government cease its repression of civilians, respect human rights, and allow access to international humanitarian organizations. This decision represented a pivotal moment both in the protection of the Kurdish population and in the evolution of the doctrine of humanitarian intervention within international law. The findings suggest that although the safe zone lacks a clear definition under international law, the practice has created a de facto normative space within the broader framework of humanitarian protection. The Northern Iraq case illustrates the legal tension between state sovereignty and the international community's responsibility to protect populations in humanitarian crises.Key Words: Safe zone, International law, Humanitarian intervention, UN Security Council Resolution 688, State sovereignty.