DiH (Aug 2023)

Operation Peace Spring Turki Pada Konflik Bersenjata Suriah: Legalitas Dan Akibat Hukumnya

  • Fajar Arief Nugroho,
  • Sasmini

DOI
https://doi.org/10.30996/dih.v19i1.8437
Journal volume & issue
Vol. 2, no. 19
pp. 122 – 135

Abstract

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This paper will examine the legality of Turkey's military action in Syria in 2019, codenamed OPS, and whether it can be considered an act of aggression against Syria under international law. Unlike similar papers, which discuss the military action in terms of politics and foreign policy and link it to Turkey's refugee problem, this paper will focus on the military action's compliance with international law principles such as the use of armed force, right of self-defence, and international crimes This paper is normative legal research that draws its conclusion using the deductive syllogism method. This paper concludes that OPS does not meet the criteria of international law's right to self-defence and is a clear violation of the UN Charter's prohibition on the use of armed force. More research is needed to investigate the legal ramifications of Turkey's military action, such as whether OPS fulfilled the elements of the crime of aggression in the 1998 Rome Statute, how much damage Syria has suffered as a result of this military action and how Turkey is liable for these losses under international law.

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