Self-defence against non-state actors:An analysis of the recent practice through case study of Turkish military operations in northern Syria
Başlık çevirisi mevcut değil.
- Tez No: 787150
- Danışmanlar: PROF. DR. LARISSA VAN DEN HERIK
- Tez Türü: Yüksek Lisans
- Konular: Savunma ve Savunma Teknolojileri, Siyasal Bilimler, Uluslararası İlişkiler, Defense and Defense Technologies, Political Science, International Relations
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 2019
- Dil: İngilizce
- Üniversite: Universiteit Leiden
- Enstitü: Yurtdışı Enstitü
- Ana Bilim Dalı: Belirtilmemiş.
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 73
Özet
Özet yok.
Özet (Çeviri)
The Charter regime that has been brought by the UN is prohibiting the use of force by States in their international relations. One of the two exceptions to this prohibition is the inherent right of States to self-defence when they have been victims of armed attacks. However, the Charter stays silent on the source of such an attack. This silence divides the doctrine between restrictive and expansionist interpretations. This debate is more relevant today as sovereign States are being targets of armed attacks of non-State armed groups. While in some instances those groups are supported by their host States, the position of self-defence against NSAs when their attacks are not attributable to territorial States is still a developing concept. One end of the discussion is the territorial integrity of a State that is not responsible from armed attacks of NSAs located in its territory whereas the other end is the inherent right of a victim State to defend itself against those attacks. This thesis recognizes the potential of the doctrine of unwilling or unable to provide an answer to this debate. Accordingly, it is expected from the territorial State to take required measures against NSAs and if it is proved to be unwilling or unable to do so in an effective manner only then, the victim State can use its right of self-defence and only against NSA targets. This balance, however, heavily depends on observance of principles of necessity and proportionality. This thesis aims to analyse if there are a developing State practice and opinion juris on selfdefence against NSAs and its place under Article 51 and customary law. To this end, it focuses on recent military operations of Turkey in northern Syria against ISIL and PYD/YPG, two NSAs, against which Turkey considered Syria as an unwilling or unable State. After considering Turkey's justifications and legal backgrounds together with reactions of international community it concludes that there is a tendency on accepting operations necessary and proportionate when they are conducted against NSAs which are recognized as terrorist by other States as well whereas the situation was vice versa when Turkey used its right against PYD/YPG which is not an internationally recognized terrorist organization. There is also a sensitivity on the scale of the suffering that the civilian population is enduring which is leading States to question the proportionality of the operations. Finally, the thesis observes dual nature of these operations as self-defence against ongoing attacks but also anticipatory self-defence against terror threats and questions the broadness of this approach and its possible effects on the prohibition of the use of force.
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