Observations from Afar: Occupied Afrin [Journal Entry]

Every day that Afrin remains occupied is another day of suffering for those living within the region. It is saddening to hear the reports of kidnapping, murder and general disorder. How far Afrin is from safety of prior years. There are no longer local people to take care of the land. Only blood, sweat and tears remain. Olive trees now grow from blood soaked land.

Displaced Afrini residents live in scarce conditions in neighbouring Shahba canton in Tal Rifaat. Awaiting an inevitable invasion from the occupiers of the Turkish state whose desire it is to extend the occupation territory. Over a hundred thousand displaced and it is not enough to feed that violent war monger in Ankara. The new Sultan of Anatolia.

Al Asar IDP Camp in Shahba region.
Photo Credit: North Press Agency

The armies of Sultan Erdogan took a region where millions of war scarred civilians sought refuge and turned it into a hellscape. Forcing those same war scarred civilians to flee once again and start over. Without home or business to provide for their loved ones. Unable to return to the area without threat of violence.

There seems to be no one that cares to stand up to Erdogan and his autocratic regime. The ones expected to are acquiescing to his demands for territory and offering up more territory under the guise of maintaining a fractured alliance. These ‘negotiations’ take the form of a proposal by the United States for a ‘safe-zone’ in Syria’s northeast. One running along Turkey’s southern border.

The United States under Trump does not currently possess a back bone. There does not appear to be anyone in Washington bold enough to act in the manner demanded by the highest office. Well Trump lampoons his critics with barrage after barrage of tweets, he cosies up to the Sultan and sends James Jeffrey to strike an appeasement deal. A deal that would trade blood for Ankara’s good graces.

US Special Envoy James Jeffrey.
Photo Credit: Reuters.

Stretching from Kobani to the border crossing between Rojava and Bashur at Faysh Khabur and with a depth of five kilometres, this ‘safe zone’ would see civilians as well as Kurdish militants expelled from Turkey’s southern border. A reasonable idea to anyone with any cursory knowledge on the region but a ludicrous one to those with a proper understanding of the lives living there. There are over a million people that live in that region. That is a million plus people who will be forcefully displaced. Where will they go?

This ‘safe zone’ is nothing but a noose around the neck of the people living in the northeast. It is a death zone not a safe zone. Jeffrey is trying to convince the international community to endorse this zone and send troops to monitor it. The problem with such a plan is that disinterested parties, notably European states are not guaranteed to maintain a long term presence nor stand up to the Sultan’s armies should he decide to march them south.

Neville Chamberlain declares, ‘Peace in our time’ after returning to Great Britain from Negotiations with Hitler over Czechoslovakia in 1938. War would erupt across Europe a couple months later.
Credit: History.com

The very fact that such a proposal is being made shows what era the world is in. Autocrats, whether they be moustached racist zealots to Revolutionary despots, should not be appeased. Hitler was handed Czechoslovakia through appeasement and still ended up annexing most of Europe as well as starting a world war. After most of the free world closed up that Pandora’s box, again, many nations banded together and declared, ‘never again!‘ Nearly eighty years later and you would think that ‘never again’ was declared in jest.

Since then, dictator after dictator has continued to rampage regions, creating mass violence and suffering in their wake. And, as was done in the past, someone put pandora’s box aright. One can only hope that the chaos wrought by Erdogan’s regime in Syria will be put back in its place before more suffer. I sincerely hope so or else there will be more blood.

Written by Anthony Avice Du Buisson (16/07/2019)


Take Them Back – [Jerusalem Post Piece]

US-backed Syrian Democratic Forces recently announced the final push to take Baghouz in Syria’s northeast from Islamic State fighters. This move comes months after a concerted effort by anti-ISIS coalition forces to take the neighbouring city of Hajin. As the ISIS self-professed caliphate collapses, more fighters and their families continue to be captured, and increasingly consist of foreign volunteers from northern countries such as France and the United Kingdom. The question now is whether these countries will repatriate their citizens, or leave them to face retribution from local authorities, such as in Iraq.

Forty thousand volunteers from over a hundred countries flocked to join ISIS during its rise. Crossing the border from places such as Turkey into Iraq and Syria, these foreign fighters fortified the organisation and aided in its expansion. Notorious individuals such as British foreign volunteer Mohammed Emwazi – aka Jihadi John, conducted beheadings to spread the network’s terrorism. Other volunteers such as British medical student Mohammed Fakhri Al-Khabass assisted with the recruitment of volunteers and used their skills to abet the organisation, highlighting a vast network utilised by ISIS to solidify control in Syria and Iraq.

Women flocked from across the world – voluntarily – to join the self-declared caliphate, marrying local fighters and raising children to further the ISIS ideology. These female volunteers indoctrinated the youth in Salafi-jihadist ideology, normalising violence against victims of the caliphate and preparing those youth to one day join and fight for the organisation. The result of this indoctrination is evident in the propaganda videos produced by ISIS from places like Deir ez-Zor, where prisoners were executed by young children. Given the totalitarian nature of ISIS ideology, all individuals under the proto-state’s control are used to further the expanse of the organisation.

Fighters of the caliphate were not the only ones that engaged in violence towards local indigenous populations. Wives of fighters participated in sexual, physical and emotional abuse of enslaved individuals, such as the Yazidis. Lebanese journalist, Jenan Moussa of Al Ann TV conducted an interview with an ISIS female volunteer and wife in 2017, where Jenan noted the lack of remorse for victims by the interviewed volunteer. In the interview, the woman explains in detail the process of selling and acquiring slaves – showing a lack of empathy, understanding and moral conscious for why such things are wrong.

Another interview conducted by the French journalist James Andre for France 24, highlighted a group of captured female volunteers living in a refugee camp in Syria’s northeast after being freed from places like Hajin and Baghouz. They were segregated from the rest of civilians freed from the organization’s control. In that interview, volunteers from France, Canada, Brazil and elsewhere express regret for joining the organization, emphasizing the horrible nature and alleged deceit that coerced them into joining. However, whether these ‘confessions’ are genuine is another question, as radicals amongst these volunteers still cling to ISIS ideology and harm individuals that speak out against it.

The response to the capture of foreign volunteers by the international community has been mixed. Syrian Democratic Forces (SDF) – a multiethnic coalition of militias leading the fight against the Islamic State – currently hold thousands of foreign ISIS volunteers and fighters in captivity. Coalition countries who are involved in supporting the SDF are reluctant to take back their citizens that joined ISIS. Fearing the risk these individuals pose at home, these nations – except for the United States and France – are slow to repatriate their renegade citizens and prefer that justice be delivered by the local authorities, regardless of the problems that arise from this policy.

The problems that occur from refusing to repatriate ISIS volunteers are two-fold. The first is the lack of international judicial oversight in trials in local countries such as Iraq. Islamic State volunteers who were handed over to Baghdad receive short trials that result in life sentences or death. This is despite the United Nations Security Council (UNSC) launching an investigation into ISIS’s crimes under resolution 2379 in 2017. There is a lack of proper legal course in trials that are governed by retribution rather than law. At first glance, this may not prove a problem to those who wish to see ISIS volunteers ‘get what they deserve’, but does it not serve to undermine justice for victims of the organisation’s brutality?

When the Bosnian war waged across former Yugoslavia in the 1990s, the UNSC passed resolution 780. This resolution created the International Criminal Tribunal for Yugoslavia (ICTY). The ICTY was tasked with the prosecution of perpetrators of human rights and international law violations. Under the ICTY, dozens were prosecuted for crimes against humanity, genocide and various other war crimes. Not only did it set a legal precedent in international law, but also verified the gravity of the crimes perpetrated by those convicted, leading to the classification of the massacre in Srebrenica – for example – as a genocide. The same process should be adopted for the prosecution of ISIS volunteers.

There is not just a legal precedent to be set, but a moral one too. Unless international support and oversight is provided to local authorities, then the system of justice that is delivered will not suffice to solidify in the public consciousness what happened to the many victims of ISIS. Ensuring an effective legal prosecution that highlights the extent of the group’s barbarism, as well as giving gravitas to the stories of victims will aim to preserve international law and human rights both in the present and the future. In turn, this will set a legal precedent and a standard from which to judge future atrocities by.

The second issue that arises from a refusal to repatriate ISIS volunteers is the security threat that these individuals pose to the longevity of the organization. There are thousands of fighters held in captivity in Syria by the SDF. Without continued support and military oversight, the maintenance of prisons which contain fighters will be challenged. With the withdrawal of the US from the region, concerns are rising over what will happen to these volunteers. These concerns are also exacerbated by the prospect of increased instability from threats of a military incursion into the area by Turkey, which is could result in a resurgence of ISIS.

As this phase of the war against the Islamic State ends, the question arises as to whether countries should repatriate their ISIS citizens or leave them to the fate of local justice. The poor quality of justice offered in those countries which currently holds ISIS volunteers, increase doubts over the effectiveness of local authorities to impartially prosecute these members. Waning military support coupled with weak infrastructure in Syria do not create confidence in the long-term security concerns of nations or for stability in the region. These concerns place the burden of responsibility on the international community in order to deal with the aftermath of ISIS. Western nations must take back that responsibility.

Written by Anthony Avice Du Buisson (20/02/2019)
Original version available at Jerusalem Post:

https://bit.ly/2IykI9J




The Cost of a U.S. withdrawal from Syria – [Jerusalem Post Piece]

The withdrawal of United States Special Operations Forces from northeast Syria raises questions over the future of the Coalition’s fight against Islamic State and stability in the region.

The Russian-led axis and Erdogan’s Turkey both expressed in the past interest in taking parts of the region for themselves, with Erdogan recently expressing a desire to invade the north to wipe out “Kurdish terrorists.” With these threats, coupled with the Syrian government’s insistence on taking the region entirely, the people of the “Democratic Federation of Northern Syria” – the de facto multi-ethnic autonomous government running the area – now fear mass displacement and violence.

Northeast Syria is one of the few areas in Syria that provides stability, security and peace in a country devastated by nearly a decade of civil war. The population in this area numbers more than two million, with an additional million internally displaced people. There are around 2,000 United States Special Operations Forces operating in the northeast, assisting local partner forces, notably the Syrian Democratic Forces (SDF), in protecting this large population. French and British special forces also assist the Americans in this defense and provide support to local partner forces in the fight against ISIS.

A hasty US withdrawal from this region before the fight against ISIS is completely over puts the longevity of Coalition victories against the group at risk. The more than 20,000 ISIS fighters estimated to be still active in Syria and Iraq pose a threat to the region.

These fighters are active in areas like Hajin, where SDF and Coalition forces are seeking to uproot ISIS’s last territorial area of control and destroy the group’s proto-state. The SDF’s capability to combat ISIS relies in part to air power and artillery. Without this support, the fight against ISIS becomes difficult – allowing a potential for the group to resurge and recapture territory.

A Turkish incursion into the northeast of Syria without any form of deterrence or protection for the civilians within the area would put lives and stability at risk. Should Erdogan deliver on his threats to invade the northeast of Syria through an attack on Tal Abyad and Manbij, there are concerns from locals that Turkish-backed forces will loot and destroy property as well as kill civilians. These concerns arise from Turkey’s most recent military operation into the predominantly Kurdish enclave of Afrin in Syria’s northwest, where more than 300,000 civilians are displaced, and mass looting occurred. Locals fear a similar result will happen to Afrin within areas in the northeast.

The departure of the US from northeast Syria undermines all that the Coalition sought to facilitate for the future of Syria and sets a dangerous precedent for future US incursions in the Middle East. A withdrawal from the northeast of Syria lessens US influence in negotiations over Syria’s future, specifically the peace process. Before the announcement to withdraw, US envoy for Syria James Jeffrey made clear the intent of the US to play a role in pushing for a UN-backed peace process under UN Resolution 2254. Without a ground presence in the region, negotiations become difficult.

Additionally, an abandonment of local partner forces like the Syrian Democratic Forces sets a dangerous precedent that fuels animosity towards the US and increases anti-American narratives perpetuated by US enemies. These narratives make it difficult to foster trust in areas where the United States seeks to exercise influence, such as Syria and Iraq. Uncertainty is created, as locals wary of US reliability will seek to make alliances elsewhere. This harms long-term US foreign policy objectives, such as the containment of Iran in the region.

The brokering of a deal between Damascus and the Democratic Federation of Northern Syria by Russia for the handover of territory in the northeast undermines Washington’s policy of preventing the expansion of the Syrian government’s control over the country. The potential hand over of rich resources from areas in Deir Ezzor such as the Al-Omar oil fields would allow Damascus necessary resources to build up its military centers, destroyed infrastructure and allow for Iranian paramilitaries to pose a greater threat to Israel next door. Iranian paramilitaries make up the bulk of the land forces fighting for the Syrian government. Iran’s objective in Syria is to create a land corridor to expand influence in the region.

There are many issues that arise from a hasty US withdrawal from the northeast of Syria that need to be addressed. Without addressing these issues, there will be negative consequences that arise within the region and outside of it.

Written by Anthony Avice Du Buisson (1/01/2019)
Original version on Jerusalem Post is linked here: https://www.jpost.com/Opinion/The-cost-of-a-US-withdrawal-from-Syria-575987


US Congressman visits Northern Syria, calls for support – [Region Piece]

In late November, United States congressman Thomas Alexander Garrett met with officials of the Democratic Federation of Northern Syria to tour the region. Earlier in the month, the U.S. Representative from Virginia visited the Nineveh Plains and met with officials of the Kurdistan Regional Government to discuss the situation of local minorities and the plight of the Yazidis under ISIS. The visit was facilitated by the Freedom Research Foundation, who accompanied the congressman in both Iraq and Syria. During Garrett’s visit to Northeast Syria, he was escorted around the region by members of the Syrian Democratic Forces (SDF) – a multiethnic coalition of militias operating with US support to defeat Daesh.

Travelling from the east of the Euphrates River to the west and stopping in places such as such as Manbij, the Congressman heard stories of war from locals. The Manbij Military Council, which secures Manbij alongside U.S. special forces, showed Garrett the area that has become a point of contention for Turkey.

Turkey views Manbij— and by extension, the rest of the northeast— as a Kurdistan Workers’ Party (PKK) safe haven. The United States is attempting to work with Turkey in Manbij through a roadmap, which aims at joint control of the city between the U.S. and Turkey. However, so far, the roadmap has only taken form through joint patrols between U.S. and Turkish special forces along the demarcation line outside the city. Garrett was taken to observe this demarcation line from a safe distance by MMC officials. Thomas Garrett is not the first US official to have seen the DFNS or Manbij specifically. Midway through this year, Senator Lindsey Graham visited the region also.

The congressman was taken to many areas within the DFNS, and met with representatives of the Syrian Democratic Council (SDC) as well as members of the rest of the Movement for a Democratic Society (TEV-DEM). In these meetings, the congressman discussed political representation, minority issues, the fight against ISIS, and the human rights violations in Afrin. Afrin has been occupied by Turkish-backed forces since March, and has been the site of gross human rights violations, which include ethnic cleansing against Kurdish inhabitants and widespread looting. Garrett returned to the US after a few days in the region.

In December, Garret delivered a presentation to Congress on his visit to Syria and Iraq, which can be found in full on C-SPAN. He began by talking about genocide and the refugee crisis that has occurred because of Syria’s civil war. Highlighting the ineffectiveness of U.S. Syria policy by pointing to the funding of the Free Syrian Army, specifically Islamist members of that entity, Garrett points out the crimes that the US-backed FSA committed against Syrian minorities. The congressmen went on to discuss the ongoing occupation of Afrin and Turkish policy in Syria:

“Turkey has taken the occasion of calamity in Syria in order to enhance and expand Turkey itself….You see pictures of the entrance to the hospital, along with areas that the Turkish have taken control of. Under the auspices of a carefully named marketing ploy…to root out ISIS. Why do Turkish flags fly above the buildings there instead of Free Syrian Army flags? Why is it that the sign in front of the hospital is no longer in Kurdish…but now in Turkish and Arabic? Why are they changing the names of the streets there to Turkish names? Why is the police force of Afrin equipped with Turkish equipment, swearing allegiance to Erdogan, speaking Turkish, and imposing a Turkish will upon a people who are not ethnically Turkish?”

The congressman went on to discuss the atrocities committed by Turkey and Turkish-backed forces in places like Afrin. Garrett went on to note the word games that the Turkish government uses when referring to the SDF and mentions the need for a proper US approach toTurkey. He said the following about Turkey’s characterisation of the DFNS and its people: “The Turks tell us that North and Eastern Syria, the Syrian Democratic Council is a subentity of the Kurds [referring to the PKK]. The Turks are lying.”

Garrett mentioned the ethnic diversity of the councils within the DFNS, noting their pluralism and democratic representation. Highlighting the important work of the SDC and the administration of DFNS, Garrett also pointed out the significant representation of women within leadership roles— a higher percentage than that of the U.S. Congress itself.

Towards the end of Garrett’s presentation, he mentioned a few active policies that the US could adopt for northeast Syria. These included political recognition of the DFNS in the Syrian peace process and as an entity within a sovereign Syria, protection of the DFNS under a US no-fly-zone, and to “make concrete commitments to these people that share our values.”

On Iraq, Garrett emphasised the need for greater financial support for minorities and increased representation of locals within the framework of a greater Iraq.

To end off this brief report, I have included one outstanding quote from the congressman’s final remarks:

“I’m not advocating on behalf of an independent nation in north and eastern Syria, but on behalf of a Syrian nation that shares values on what the leaders in this land— which has undergone so much tragedy, so much death, so much rape—have suffered through to begin. Instead, we shape our policy on what might the Turks do…. I have got bad news. There’s not a thing we can do to make them like us. Meanwhile, we’ve got people who are inherently drawn to us by virtue of an idea, that every person has a right to go to sleep in his or her community without fear that they won’t wake up in the morning, who just need us to say, ‘you have a right to be there.'”

Written by Anthony Avice Du Buisson (17/12/2018)
Link to original The region piece: https://theregion.org/article/13291-us-congressman-visits-northern-syria-calls-for-support


A blood-soaked olive: what is the situation in Afrin today? – [Region Piece]

[Listen to the SoundCloud version well you read:
https://soundcloud.com/anthony_avice/blood-soaked-olive]

Afrin Canton in Syria’s northwest was once a haven for thousands of people fleeing the country’s civil war. Consisting of beautiful fields of olive trees scattered across the region from Rajo to Jindires, locals harvested the land and made a living on its rich soil. This changed when the region came under Turkish occupation this year.

YPG in Afrin.

Operation Olive Branch:

Under the governance of the Afrin Council – a part of the ‘Democratic Federation of Northern Syria’ (DFNS) – the region was relatively stable. The council’s members consisted of locally elected officials from a variety of backgrounds, such as Kurdish official Aldar Xelil who formerly co-headed the Movement for a Democratic Society (TEVDEM) – a political coalition of parties governing Northern Syria. Children studied in their mother tongue— Kurdish, Arabic, or Syriac— in a country where the Ba’athists once banned Kurdish education. The local Self-Defence Forces (HXP) worked in conjunction with the People’s Protection Units (YPG) to keep the area secure from existential threats such as Turkish Security forces (TSK) and Free Syrian Army (FSA) attacks.

This arrangement continued until early 2018, when Turkey unleashed a full-scale military operation called ‘ Operation Olive Branch’ to oust TEVDEM from Afrin. The Turkish government views TEVDEM and its leading party, the Democratic Union Party (PYD),  as an extension of the Kurdistan Workers’ Party (PKK) – listed as a terrorist organisation in Turkey. Under the pretext of defending its borders from terrorism, the Turkish government sent thousands of troops into Afrin with the assistance of forces from its allies in Idlib and its occupied Euphrates Shield territories. This forced the Afrin Council into exile and pushed out Afrin’s residents as well as its defenders. TSK and Turkish-backed FSA (TFSA) bombarded the region and eventually took control of Afrin city on March 18th – claiming victory.

During the bombardment campaign that was committed by Turkish artillery and aircraft, thousands of people lost their homes. Many civilians fled to nearby regions, mainly Shahba, to seek refuge away from the fighting. YPG and HXP defended what areas they could, but made a tactical decision to withdraw in order to protect civilians. Those fighters who stayed are resisting the occupation, with some forming groups like the ‘Afrin Falcons’ to assassinate targets within the TFSA.

Seven months on from the completion of Turkey’s military operation, Afrin remains under Turkish occupation. Thousands of former residents are displaced and now live outside the region in refugee camps, such as the camps in Shahba. Deprived of basic necessities, such as running water, and cut off from electricity, life for these displaced civilians is hard. They are unable to return to their homes because the fighters that took Afrin either destroyed the houses during the process of invasion or are outright looting and occupying them.

Under the Turkish government’s watchful eye, these TFSA fighters occupying Afrin are taking personal items left by fleeing civilians. After looting the homes, the fighters then settle in with their families. Adding insult to injury, the Turkish government rewards them with Turkish citizenship and helps facilitate the safe passage of fighters of Jaysh al-Islam and other opposition forces, escaping places like East Ghouta, into Afrin.

Hundreds of thousands of families from Syria’s southwestern Ghouta and Daraa regions accompany these fighters. Through the Turkish government’s ‘resettlement policy’, thousands of Syrian refugees within its borders are being resettled in Afrin and Euphrates Shield territories. This resettlement policy has impacted upon the once predominantly Kurdish Afrin canton. Kurdish homes are now filling with Arab families in what appears to be a concerted effort by the Turkish government to shift the demographics of the region.

Schools that once taught Kurdish along with other languages as part of the curriculum now are reducing access to the learning of the language. Kurdish teachers are being replaced by Arab ones. In schools in places like al-Caviz, the Kurdish language is no longer taught. Children are instead taught an Arab-centric curriculum reminiscent of the Baath regime’s curriculum system. However, praise of Assad has been replaced with praise of Erdogan – as evident in the Turkish propaganda videos coming from the school.

Internally Displaced People in Shahba.

Ethnic Cleansing in Afrin:

During the initial days of the operation, Turkish president Recep Tayyip Erdogan made clear that his government would resettle Syrian Arab refugees living in Turkey:

“The whole issue is this: 55 percent of Afrin is Arab, 35 percent are the Kurds who were later relocated, and about seven percent are Turkmen. [We aim] to give Afrin back to its rightful owners…. We house about 3.5 million Syrians [as refugees]. We want to send them back to their land in no time…”

Afrin’s population consists of predominantly Kurdish inhabitants who have lived in the region for centuries— long before the existence of the Turkish state. However, the Turkish president’s statements are meant to revise history and justify state policy. Erdogan is not the first Turkish leader to revise history to justify state policy, especially when that policy is aimed at Kurds. When this revisionism is used to justify the displacement of thousands of people of a group from their original homelands, then there are grounds for claiming such action as ‘ethnic cleansing’— a war crime.

History tells us that when there are signs of ethnic cleansing occurring, genocide is soon to follow. For example, during the Bosnian war, the Republic of Srpska forcefully displaced thousands of Bosnian Muslims and expelled these individuals from their homelands. In the following months, the occupation by Serbian forces in places such as Srebrenica turned violent and resulted in the deaths of thousands in what is classed today as a ‘genocide’. Afrin is not near this stage yet, but it is important to keep in mind where ethnic cleansing often leads.

Turkish and Free Syrian Army flags in Afrin city.

Turkish State Chauvinism

Demonstrating a disregard for facts and the original inhabitants of the region, Erdogan spent weeks—  in preparation for the election no less— rallying the country behind the costly operation. Exploiting the fervour of the nation, Erdogan legitimised violence against critics by uniting ultranationalists and enforcing strict censorship laws within the country. This demonstration of Turkish chauvinism in the form of ultranationalist legitimation was frightening. Even more frightening was the sheer extent to which critics within the country were locked up. Those daring to criticise the government’s operation found themselves either arrested under charges of ‘abetting terrorism’ or beaten by ultranationalists.

Turkish chauvinism did not stop at the country’s borders, but extended to the front lines as well. Soldiers on the front lines demonstrated their sense of eagerness for the operation through nationalist songs and displays of ‘Grey Wolves’ hand signs. Others displayed their pride through sadistic pleasure in the filming of tortured Afrin civilians and the draping of Turkish flags over conquered buildings. Some even burnt Kurdish flags on camera – a sign of anti-Kurdish sentiment that Erdogan claimed was not present.

When TFSA and TSK soldiers entered Afrin city, the Kurdish statue of blacksmith Kawa that had long been at the heart of the city was torn down, under claims that it was a statue of imprisoned PKK leader Abdullah Ocalan. Even ancient structures were not spared in the offensive, with the temple of Ain Dara facing damage by Turkish aircraft. The level of destruction brought upon monuments of once great ancient civilisations in Syria throughout this Syrian war is saddening. US Senator Hiram Johnson was once purported to have said the line, ‘the first casualty, when war comes, is truth.’ One might add that the second casualty of war is history.

Turkish Occupation:

After expelling the locally elected Afrin council and TEVDEM’s government from Afrin, the region has come under new administration. Considered to fall under the control of the Hatay province in Turkey’s southwest, officials appointed by the Turkish government are running the region in accordance with state policy. Each appointee placed in control of the canton is paid in Turkish Lira and is under supervision of TSK.

A ‘local’ interim council formed prior to the invasion are jointly administering the region with the Turkish government. This model of joint control has been adopted by other Turkish occupied areas such as those incorporating territories in ‘Euphrates Shield’ (Jarabulus-al-Bab pocket). The model shares similarities to the model adopted by Turkey and France for the Republic of Hatay in the 1930s. That was, of course, before the annexation of the state by Turkey in 1939. It would not be surprising if a ‘Turkish Republic of Northern Syria’ were to form, in the same vein as the ‘Turkish Republic of Northern Cyprus’ and other occupied areas when Turkish control is finally consolidated.

The annexation of Afrin by Turkey reflects the ideology of neo-Ottomanism that is supported by a large segment of Turkish nationalists within the country. There is a longing by thousands of Turkish citizens for the reestablishment of Turkey as a global power. A desire for Turkey to reclaim its history and establish control over former Ottoman states in the Middle East. This sense of nationalism extends to religious institutions, with Turkish imams— and Erdogan— attempting to ‘persuade’ the Islamic world that Turkey is its protector and sole representative.

Military institutions were not left untouched by this ideology. Turkish foreign policy for the last couple decades in areas like Cyprus and Syria reflects this. The construction of military bases for long-term occupation under the guise of ‘combating terrorism’ and the establishment of an administration that does not reflect the local populace’s wishes suggests that there is something more sinister at play. When the Turkish-backed administration is taking orders from Ankara, considered essentially to be a de-facto part of Turkey, paying its employees in Turkish lira and giving fighters citizenship, what is really on display is imperialism. The development of Turkish infrastructure in Afrin only demonstrates this further.

An injured Kurdish boy.

Silence and Violence:

The international community has been silent about Turkey’s military operation and occupation of Afrin. Calls of ‘deep concern’ were repeatedly uttered throughout the conduct of the operation, but little was done. No emergency United Nations Security Council meeting was held, nor did any nation prevent Turkey. Overall, the international community was complicit in Turkey’s operation. This was not surprising given the strategic ‘importance’ of Turkey as a member of the North Atlantic Treaty Organisation (NATO). Continuing a long trend by western governments in remaining silent about the injustices committed by their allies, well condemning those of their enemies. Protesters across the world took to the streets to do what their governments would not do.

Resistance continues in Afrin to oust the occupation army from continuing to control the region. The attacks continue to target those abetting the occupation forces, which extends to those officials assisting Turkey. Explosive mines left from the fighting also continue to kill TSK and TFSA forces. The YPG has sworn to retake Afrin from Turkey, although this occupation is unlikely to end any time soon. With the Idlib offensive on the horizon for the regime in Damascus, Turkish forces are being spread out across the occupation zones, from Idlib to al-Bab.

The relationship between the guarantors of Syria— Russia, Turkey and Iran— continues to fluctuate as Turkey gambles on what to do in Idlib. The occupation of territories within Syria has been costly on Turkey and the prospect of an offensive against Idlib only exacerbates the situation. Erdogan wants to remain perceived as a ‘strong leader’ externally with the spread of military might, well simultaneously clamping down on increasing dissent internally. This arrangement will not last forever.

The war in Syria is now in its seventh year. Hundreds of thousands of people are dead and more than two million people have been displaced. The world continues to watch as humanitarian crisis after humanitarian crisis continues, unchallenged and without clear sign of ceasing. Dictators continue to control the country with little response from the international community. The blood of Syria’s people continues to be shed.

Despite the death, destruction and devastation wrought upon the country, there are signs of development and progress. In northeastern Syria, people are building up communities and choosing to live. There might be the threat of invasion by Turkey to the north and a regime invasion from the south, but this does not deter the spirit of these people. Children play in the streets of Kobane – a city once devastated by Daesh – with joy, Arab and Kurdish families in Manbij coexist with one another. These are flashes of light in the darkness. These lights are sometimes all that are needed to establish hope for the future.

Kids from Kobane smile for the camera.

Written by Anthony Avice Du Buisson (06/10/2018).
Original Region version: https://theregion.org/article/13161-a-blood-soaked-olive-what-is-situation-afrin-today


The Legal Mechanisms of Human Rights – [JCU Law assessment]

INTRODUCTION:

The legal mechanisms available to the international community for the prosecution of human rights (HR) violations such as crimes against humanity are extensive. Taking the form of international courts and ad hoc tribunals established on statutes set up through the approval of the United Nations Security Council (UNSC), these legal mechanisms have been used to hold perpetrators of HR violations accountable. The application of these legal mechanisms in the prosecution of high ranking Serbian personalities for HR violations during the Bosnian war (1992-1995) by the International Criminal Tribunal for the Former Yugoslavia (ICTY) is one such example. Bound legally through established international conventions and monitored through HR treaty-based bodies, United Nations (UN) and member states that make up the international community are obligated to adhere to human rights law in the prevention of HR abuses.

UNITED NATIONS SECURITY COUNCIL:

The international community – including the UN – uses the UNSC to authorise enforcement mechanisms that address HR violations such as crimes against humanity that are committed by state and non-state actors. The UNSC is the principal security body of the UN that has powers under the UN charter to establish subsidiary organs for the maintenance of peace and security.[1] UNSC responds to matters of international security and passes resolutions that can be binding on member states.[2] When nations violate international law conventions – whether in war or peace – and threaten international security, the UNSC acts in accordance with the UN charter and under the deliberation of  the council to address those violations.[3] Utilising a variety of mechanisms to deter state actors and mitigate violations, the UNSC authorises these mechanisms to enforce international law.[4] Some of these mechanisms take the form of ad hoc tribunals such as the ICTY.

INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA:

One subsidiary body established by the UNSC in response to gross HR violations was the ICTY. The ICTY was established by the UNSC during the Bosnian war in 1993 under resolution 827,[5] as a legal mechanism to bring perpetrators of HR violations in the regions consisting of the Former Yugoslavia to trial.[6] The former Yugoslavian regions of Bosnia and Herzegovina in the Balkans were embroiled in an ethno-nationalist conflict during the early 1990s resulting in gross HR violations being committed by military forces upon civilian populations.[7] One notable HR violation occurred in 1995 with the killing of over 3000 Muslim Bosnians by the Serbian army in the town of Srebrenica.[8] The ad hoc tribunal’s statute (including UNSC authorisation) granted the ICTY jurisdiction to bring public as well as military officials of the Former Yugoslavia to trial at the Hague.[9] During the trial of one of these military officials [Radovan Krsitć] in 2004,[10] the ICTY determined that the massacre in Srebrenica was genocide and found the official guilty of crimes against humanity.[11] This ICTY judgement was based on the tribunal’s statute that was set up in accordance to international law conventions such as the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention)[12]. Throughout the 1990s-2010s, more than ninety individuals connected to atrocities in the former Yugoslavia have been convicted by the ICTY and sentenced to imprisonment for long periods of time.[13] The ICTY is no longer in existence as of December 2017 but the decisions of the tribunal are still used by intergovernmental judicial bodies like the European Court of Justice and International Criminal Court.[14] The ad hoc tribunal of the ICTY provides just one example of a legal mechanism available to the international community that has set a precedent for the prosecution of HR violators.

THE INTERNATIONAL CRIMINAL COURT:

The International Criminal Court (ICC) was established five years after the creation of the ICTY as a permanent international tribunal for the prosecution of individuals for war crimes, crimes against humanity, crimes of aggression and genocide.[15] Founded on the Rome Statute of the International Criminal Court (Rome Statute) created by the UN General Assembly in 1998, the ICC is an intergovernmental legal mechanism that transitioned the legal strategy of concurrence and primacy found in the ad hoc tribunal systems to one of concurrence and complementarity.[16] Aiming to set a permanent entity for the conviction of international law violators, the UN and member states of the international community use the ICC as a court of last resort when a nation’s internal legal system is not functionable or hostile to international law.[17] The ICC works with the UNSC and other organs of the UN to bring individuals to justice. The ICC is currently still in existence as of July, 2018.

CONCLUSION:

The legal mechanisms utilised by the international community for the prosecution of human rights violations are wide-ranging. Ad hoc tribunals and international courts established on United Nations Security Council authorisation are the primarily international form of legal defence to human rights existing. As highlighted in the organisation of the International Criminal Tribunal for the Former Yugoslavia and International Criminal Court in pursuing prosecution of individuals for crimes against humanity, there are international judicial mechanisms available to the international community to persuade individuals and states to adhere to human rights.

Written by Anthony Avice Du Buisson for LA1027, assessment task 3 (07/09/2018)


[1] Charter of the United Nations art 29.

[2] Ibid art 49.

[3] Carrie Booth Walling, ‘Human Rights Norms, State Sovereignty, and Humanitarian Intervention’ (2015) 37(2) Human Rights Quarterly 383, 387.

[4] Simon Chesterman, ‘I’ll Take Manhattan’: The International Rule of Law and the United Nations Security Council’ (2009) 1(1) Hague Journal on the Rule of Law 67, 70.

[5] SC Res 827, UN SCOR, 48th sess, 3217th mtg, UN Doc S/RES/827 (25 May 1993).

[6] Statute of the International Tribunal for the Former Yugoslavia art 1.

[7] Adam Mcbeth, Justine Nolan and Simon Rice, The International Law Of Human Rights (Oxford University Press, 2nd ed, 2011) 359.

[8] Ibid.

[9] Statute of the International Tribunal for the Former Yugoslavia art 8 & 9.

[10] Prosecutor v Krsitć (Appeal Judgement) (International Tribunal for the Former Yugoslavia, Appeals Chamber, Case No IT-98-33-A, 19 April 2004) [37].

[11] Ibid.

[12] Convention on the Prevention and Punishment of the Crime of Genocide, opened for signature 9 December 1948, 78 UNTS 277 (entered into force 12 January 1951) art 2.

[13] United Nations International Tribunal for the Former Yugoslavia, History, < http://www.icty.org/sid/95>.

[14] Ibid.

[15] Rome Statute of the International Criminal Court, opened for signature 17 July 1998, 2187 UNTS 90 (entered into force 1 July 2002) art 5(1).

[16] Hassan B Jallow, ‘International criminal justice: reflections on the past and the future’, (2010) 36(2) Commonwealth Law Bulletin 269, 277.

[17] Ibid.