Turkey’s US-Backed Operation in Syria Has Created an International Armed Conflict
Defense Secretary Ash Carter meets with Turkish Defense Minister Fikri Işik during a U.N. Peacekeeping Ministerial meeting at Lancaster House in London, Sept. 8, 2016. DoD photo by Air Force Tech. Sgt. Brigitte N. Brantley
Last week, I wrote that three recent developments involving U.S. military forces in Syria may trigger an “international armed conflict” between the United States (and its co-belligerents) and Syria (and its co-belligerents). I discussed why these actions could satisfy even a narrow legal view of what it takes to initiate such an armed conflict. Of course, a more expansive legal view—a position which is notably held by the International Committee of the Red Cross—would make this an even easier case. This topic—whether an international armed conflict already exists in Syria—has significant implications for a range of military actions (just take a look at Professor Dapo Akande’s useful post over at EJIL Talk tomorrow).
I want to drill down on one of the elements in this analysis: Turkey’s incursion into northern Syria—Operation Euphrates Shield.
I am motivated to elaborate on this point, in part, due to a criticism from Professor Deborah Pearlstein over at Opinio Juris, in which she expresses major doubt about my analysis. I believe Deborah’s criticism is unfounded. She writes:
“[T]he Turkish operation was, like all stated U.S. operations in Syria, aimed (in different ways) at various non-state actors in theater. And while Syria expressly objected to Turkey’s operation, I have found no mention of Syria’s objection to the U.S. role in the operation. In all events, there is no indication that either Turkey or U.S. forces engaged in hostilities against Syrian forces in those operations.”
Let’s break down this analysis.
First, does Euphrates Shield trigger an “international armed conflict” under common Article 2 of the Geneva Conventions, which, by definition, includes “all cases of partial or total occupation of the territory” of another State?
The facts:
(1) Turkey is reportedly in effective control (has established and exercised authority) over several villages and towns in northern Syria. A Turkish military official told CNN, “The Jarablus-Azaz line is totally under the control of FSA (Free Syrian Army) backed by coalition forces.” To get a sense of it, the territory under Turkish control reportedly includes a land mass similar in size to Rhode Island and now holds a population in the tens of thousands (see graphic from Turkey’s Anadolu Agency).