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FSMVÜ | Turkey’s potential military operation in Syria’s Afrin: A Legal Analysis
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Turkey’s potential military operation in Syria’s Afrin: A Legal Analysis

On what grounds could Turkey intervene in Syria’s Afrin?

Syria’s continuing failure to halt the large-scale outpouring of refugees across international borders and, more importantly, to prevent cross-border terrorist attacks originating from its territory, is indicative of Assad’s inability or unwillingness to take action to protect the rights of other states.

According to the International Court of Justice, states are obliged not to knowingly allow their territory to be used for acts contrary to the rights of other states. This obligation is recognised as a basic principle of international law that applies to all activities inflicting—or having the potential to inflict—severe damage to the rights of other states.

The failure of the Assad regime to comply with its obligations impairs the Turkish government’s ability to maintain a stable and secure environment for its population, and leaves the country vulnerable to terrorist attacks. The question in the case of Syria, therefore, is as follows: does the omission—or the complete failure—of the Assad regime to fulfil its duty to take appropriate preventive measures, in full knowledge of the situation, entitle Turkey, on its own initiative, to act in Syria?

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