Author :
Abstract
International law is the set of rules governing international relations, and much of these rules focus on the use of force in international relations. Another set of rules directly related to the use of force is International Humanitarian Law (IHL), which is a branch of international law and deals with the protection of fundamental human rights during armed conflict. The main aim of this study is to underline some important discussions in IHL framework and make some comments that explain the vague parts of them. The study is important for at least two main reasons. First, this study will be guiding to the Turkish Armed Forces personnel who have been carrying on military operations in Syria on the basis of legitimate self-defense right since August 2016. Of course, the outcomes of the study will be applicable to any other armed conflicts. Although Turkey often undertakes cross-border armed operations, there are quite a few studies found in the field of IHL by Turkish academics. The second aim of the study is to contribute to the field of IHL. For these purposes, four basic issues were discussed here. Once the relationship between jus ad bellum and jus in bello is dealt with, it will be referred to the definition of “unlawful combatant” and the consequences of this definition. Third, the article will focus on the prisoners of war statutes of the fighters of the parties who do not recognize each other as sovereign states. Finally, it will be explained in which cases those, who are lawful combatants and would not be held accountable for killing enemy troops on the battlefield, will be responsible for violent acts.
Keywords
Abstract
International law is the set of rules governing international relations, and much of these rules focus on the use of force in international relations. Another set of rules directly related to the use of force is International Humanitarian Law (IHL), which is a branch of international law and deals with the protection of fundamental human rights during armed conflict. The main aim of this study is to underline some important discussions in IHL framework and make some comments that explain the vague parts of them. The study is important for at least two main reasons. First, this study will be guiding to the Turkish Armed Forces personnel who have been carrying on military operations in Syria on the basis of legitimate self-defense right since August 2016. Of course, the outcomes of the study will be applicable to any other armed conflicts. Although Turkey often undertakes cross-border armed operations, there are quite a few studies found in the field of IHL by Turkish academics. The second aim of the study is to contribute to the field of IHL. For these purposes, four basic issues were discussed here. Once the relationship between jus ad bellum and jus in bello is dealt with, it will be referred to the definition of “unlawful combatant” and the consequences of this definition. Third, the article will focus on the prisoners of war statutes of the fighters of the parties who do not recognize each other as sovereign states. Finally, it will be explained in which cases those, who are lawful combatants and would not be held accountable for killing enemy troops on the battlefield, will be responsible for violent acts.
