International Law
Morteza Ahmadifard; Mehdi Hatami
Abstract
On January 20, 2018, Turkey launched Operation "Olive Branch" and on October 9, 2019, Operation "Spring of Peace" in northern Syria, violating its territorial integrity and military entry into the country. Also, these attacks continue in a scattered manner. According to Turkish officials, the operation ...
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On January 20, 2018, Turkey launched Operation "Olive Branch" and on October 9, 2019, Operation "Spring of Peace" in northern Syria, violating its territorial integrity and military entry into the country. Also, these attacks continue in a scattered manner. According to Turkish officials, the operation was carried out to eliminate the terror of terrorism and self-defense, given that the use of force in international relations today is prohibited by international law and the UN Charter, this article examines the legitimacy of the use of force by Turkey and examines the behavior, goals and feedback resulting from its actions by citing the principles and rules of International law as well as some international jurisprudence, determines that Turkish government has violated the important principle of the prohibition of the use of force which is explicitly stated in paragraph 4 of Article 2 of the Charter, and the reasons given by the authorities of that government, including the fight against terrorism and legitimate defense, cannot justify a violation of this fundamental rule.
sattar azizi; Mohsen Akbari
Abstract
Military force of Turkey and Turkey-backed Syrian forces attacked Northeastern Syria on 9 October 2019. The concept of "safe zone" has been used in different terms in International Humanitarian Law. In this article, the legal status of the formation of a safe zone on Syria's Northern borders with Turkey ...
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Military force of Turkey and Turkey-backed Syrian forces attacked Northeastern Syria on 9 October 2019. The concept of "safe zone" has been used in different terms in International Humanitarian Law. In this article, the legal status of the formation of a safe zone on Syria's Northern borders with Turkey is examined in the light of international law. The main question of this study is that under what conditions, the safe zone is acceptable in international law. Given the fact that the Syrian central government was opposed to the Turkish military invasion and the creation of the zone, and that there was even military conflict between the parties, and regarding the lack of authorization of the Security Council to establish a safe zone in Syria, Turkish military invasion and establishing such a safe zone was contrary to Article 4(2) of the United Nations Charter. On the other hand, Turkey's attempt to resettle Syrian refugees in the claimed safe zone, displaced from other parts of Syria, is being done to the detriment of the Kurdish population of Northeast Syria, and is in violation of international human rights and International criminal law.
Siamak Karamzadeh; Abdollah Abedini
Abstract
On 20 June, 2019, a U.S. drone was shot down by the Iranian forces while spying above the Iran’s territory. It is said by the Iranian officials that the drone ignored the warning signals. Under the 1944 Chicago Convention, military and civilian aircrafts including drones shall be flown over territories ...
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On 20 June, 2019, a U.S. drone was shot down by the Iranian forces while spying above the Iran’s territory. It is said by the Iranian officials that the drone ignored the warning signals. Under the 1944 Chicago Convention, military and civilian aircrafts including drones shall be flown over territories of a contracting State with a special authorization of that State. The 1993 Act on the Marine Areas of the Islamic Republic of Iran in the Persian Gulf and the Oman Sea, also excluded the passage of foreign vessels aimed at collecting information prejudicial to the national security, defense or economic interests of Iran as an innocent passage. Further, under article 39(1)b of the 1982 Law of the Sea Convention, during the transit passage, ships and aircrafts shall “refrain from any threat or use of force against the sovereignty, territorial integrity or political independence of States bordering the strait, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations”. The entering into the territory of Iran by the U.S. drone which was with the purpose of collecting information from the army targets was prejudicial to the Iranian national interest. Iran`s reaction in shooting down of the drone is compatible with the inherent right of self-defense enshrined in article 51 of the UN Charter. As a result, the Iranian government could use force based on the self-defense principle.
Majid Nikouei; Majid Nikouei
Abstract
Intervention by invitation is one of the most controversial practices that often takes place in internal crises. Governments debilitated by internal armed conflicts, resort to inviting their allies in order to reconsolidate their lost power and reassemble their territorial control. The validity of this ...
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Intervention by invitation is one of the most controversial practices that often takes place in internal crises. Governments debilitated by internal armed conflicts, resort to inviting their allies in order to reconsolidate their lost power and reassemble their territorial control. The validity of this invitation, however, has been a bone of contention. In this regard, ‘Effective control’ and ‘democratic legitimacy’ are the two established tests for examining such validity. The traditional standard of effective control suggests that the host government shall be able to exercise a minimum degree of control over its territory. On the other hand, the democratic legitimacy criterion, puts an emphasis on the origins of power. This means that, despite the significant losses of territorial control, the invitation of a democratic government must still be considered as valid. Also, in practice intervention upon invitation bears a close proximity to the legal issues associated with ‘collective self-defense’. With a view to these issues, this article critically analyses the practice of international community surrounding the practice of intervention by invitation.
