UN Human Rights Council claims Turkey could face war crimes prosecution for war profiteering in occupied areas of Syria

12-10-2022

Ryan Haigh

International Justice and Human Rights Researcher

Global Human Rights Defence

The State of Turkey has occupied portions of Northern Syria over the last few years. Under international humanitarian law, an occupying force controlling territory in another State is responsible for the welfare of the occupied State’s civilian population within that territory. These responsibilities include protecting the population’s fundamental human rights, including general safety, freedom of movement, food, shelter, utilities, and other basic amenities. In 2019, UN Human Rights Council Investigations in Syria identified numerous war crimes violations regarding how Syrian troops were conducting hostilities that violated these responsibilities. [1] The 2019 report highlighted violations such as arbitrary arrests, enforced disappearances and inhumane treatment. [2] The Human Rights Council’s most recent 2022 report has identified further breaches in the form of institutionalised war profiteering and pillaging by Turkish troops and affiliates. [3]

 Pillaging is the taking of property of another in wartime, often through the use or threat of violence.  The practice of pillaging violates customary norms of international law in international and non-international conflict. [4] The most recent UN Human Rights Council report elucidates a “pattern of looting, pillage, occupation and confiscation of property, including through ‘taxes’… particularly during harvest season.” [5] Turkish forces took the harvest of thousands of olive trees and wheat fields. [6] Forces appropriated and moved into peoples’ homes, and if residents complained, they were severely beaten, disappeared, or murdered. [7] The UN report suggests that the coordinated seizure and transport of goods indicates that a premeditated policy was in place for troops to engage in these crimes. [8]

Recently, a former Erdogan ally, Sedat Peker, disclosed that members of President Erdogan’s inner sanctum, including Ramazan Ozturk, have been smuggling crude oil, olive oil, wheat, metals and priceless artefacts out of Syria during the occupation. [9] Despite the UN’s warnings that the coordinated crimes of Turkey’s military personnel could result in charges of war crimes, President Erdogan appears to be unwilling to modify the conduct of his forces.

Notes:

[1] UNGA ‘Report of the Independent International Commission of the Inquiry on the Syrian Arab Republic’ (15 August 2019) UN GAOR 49th Session UN Doc A/HRC/49/77

[2] Ibid.

[3] UNGA ‘Report of the Independent International Commission of the Inquiry on the Syrian Arab Republic’ (8 February 2022) UN GAOR 42nd Session UN Doc A/HRC/42/51 (2022 Report)

[4] International Committee of the Red Cross, ‘Customary International Humanitarian Law Database - Rule 52: Pillage’ < https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule52> accessed 12 October 2022.

[5] 2022 Report

[6] Ibid.

[7] Ibid.

[8] Ibid.

[9] Abdullah Bozkurt, ‘UN Warns Turkey Could Face Charges of War Crimes for Plundering Syrian Wealth’ (Nordic Monitor, 22 September 2022) <https://nordicmonitor.com/2022/04/un-warns-turkey-could-face-charges-of-war-crimes-for-plundering-syrian-wealth/> accessed 12 October 2022.