An Analysis of the Application of International Humanitarian Law to the Armed Conflicts Arising from Operation Peace Spring

Abstract

This thesis investigates the application of IHL to the armed conflicts arising from Operation Peace Spring, which was launched by Turkey in October 2019, in the de facto autonomous region of Rojava, in northern Syria. The aim of the thesis is to fill the gap in the existing literature which discusses extensively the allegations of war crimes committed by Turkey and its proxy forces during Operation Peace Spring, without addressing the question of application of IHL, although the latter is a conditio sine qua non for the existence of war crimes. The research concludes that OPS initiated three main armed conflicts, which classify as transnational armed conflict, international armed conflict and belligerent occupation and that IHL governs the conduct of the parties to these hostilities. Such conclusions have important consequences for the protection of civilians, combatants and POWs during OPS, as well as a significant impact on the prospects of prosecution of the alleged war crimes. Based on the conclusions drawn in this thesis, it is recommendable to conduct future research on the assessment of the relevant conduct as war crimes and the prospects of state accountability for the wrongdoing of individuals acting on Turkey’s behalf.