Türkiye conducts air strikes in Iraq and Syria in retaliation for the deaths of 12 soldiers
GHRTV
06 January 2024
Mariana Mayor Lima
Middle East and Human Rights Researcher
Global Human Rights Defence
On December 20, 2023, the Turkish Minister of Defense announced a series of airstrikes in retaliation for the deaths of 12 Turkish soldiers. [1] According to Minister Yaşar Güler, these fatalities occurred in the two days preceding his statement, during clashes with the armed group Kurdistan Workers’ Party (“the PKK”) in northern Iraq. [2] It is noteworthy that the PKK has been designated a terrorist group by Türkiye, the United States, and the European Union due to its armed actions since 1984 against the Turkish state, resulting in a conflict that has lasted for 20 years and has claimed the lives of approximately 40,000 people. [3]
Turkish representatives claim that the clashes ensued when PKK affiliates attempted to infiltrate a Turkish base in the semi-autonomous Kurdish region of northern Iraq. [4] As reported by Al Jazeera, authorities stated that on the day of this attempt, six Turkish soldiers were killed in the ensuing firefight with the group, while another six Turkish soldiers lost their lives in new confrontations with Kurdish fighters the following day. [5]
Holding the members of the PKK responsible for the casualties, Türkiye retaliated by striking 71 locations believed to be associated with Kurdish groups in Syria and northern Iraq. [6] In a video shared on X, Güler claimed that at least 59 Kurdish fighters were “neutralised” during the assaults. The term “neutralise” is frequently employed by Türkiye to denote the killing or apprehension of PKK militants. [7] Güler continued with the words, “We avenged [the deaths] of our precious children, and we will continue to do so.” [8]
Two crucial points must be emphasised. Firstly, while the right to self-defence is enshrined in Article 51 of the United Nations Charter, the principle of proportionality should consistently govern actions as a fundamental principle of international humanitarian law, as codified in Article 51(5)(b) of the 1977 Additional Protocol I. [9] In this instance, the response of attacking 71 locations appears to lack proportionality, raising concerns about adherence to established international norms.
Secondly, regarding the “neutralisation” of Kurdish fighters, international human rights law, including the International Covenant on Civil and Political Rights, prohibits arbitrary deprivation of life and requires proper legal processes. [10] Any potential assassinations as a form of retaliation would deviate from the directive norms of armed conflicts under international law.
Despite Türkiye’s claims of aiming to prevent civilian casualties, according to the Kurdish-led Syrian Democratic Forces, at least eight civilians fell victim to fatal Turkish airstrikes in northeastern Syria on Monday. [11] This recurring issue within armed conflicts falls under the ambit of international humanitarian law, particularly the Geneva Conventions and its Additional Protocols, which establish stringent rules for the protection of civilians during armed conflicts, prohibiting indiscriminate attacks and requiring a clear distinction between combatants and non-combatants. [12]
Sources and further readings:
[1] Reuters, ‘Turkey conducts airstrikes in northern Iraq, Syria after 12 soldiers killed’ (23 December 2023) <Turkey conducts air strikes in northern Iraq, Syria after 12 soldiers killed | Reuters> Accessed on 06 January 2024.
[2] Ibid.
[3] Ibid.
[4] Al Jazeera, ‘Turkey hits targets in Iraq, Syria in retaliation for soldiers’ deaths’ (27 December 2023) <Turkey hits 71 targets in Iraq, Syria in retaliation for soldiers’ deaths | Conflict News | Al Jazeera> Accessed on 06 January 2024.
[5] Ibid.
[6] Ibid.
[7] Ibid.
[8] Ibid.
[9] United Nations, ’United Nations Charter’ (1954) <United Nations Charter (full text)> Accessed on 06 January 2024; International Committee of the Red Cross, ‘Additional Protocols of 1977’ (1977) <Protocols additional to the Geneva Conventions of 12 August 1949> Accessed on 06 January 2024.
[10] United Nations Human Rights Office of the High Commissioner, ‘International Covenant on Civil and Political Rights’ (1966) <International Covenant on Civil and Political Rights | OHCHR> Accessed on 06 January 2024.
[11] supra note 4.
[12] International Committee of the Red Cross, ‘The Geneva Conventions of 1949 and their Additional Protocols’ (2010) <https://www.icrc.org/en/doc/war-and-law/treaties-customary-law/geneva-conventions/overview-geneva-conventions.htm> Accessed on 06 January 2024.
