QUO VADIT JUS AD BELLUM?: A LEGAL ANALYSIS OF TURKEY'S MILITARY OPERATIONS AGAINST THE PKK IN NORTHERN IRAQ

In October 2007, a series of cross-border attacks by Kurdistan Workers' Party fighters operating from inside northern Iraq led Turkish authorities to launch (unauthorised) military operations in Iraqi territory. The present article analyses to what extent this intervention largely ignored by the scholarly community - can be reconciled with the international law on the use of force (the jus ad bellum). Taking account of the reactions of the international community, it also examines the possible impact of the incident on the customary boundaries of self-defence. In this context, it is argued that the intervention adds to the growing evidence in state practice supporting a more flexible construction of self-defence against attacks by non-state actors. On the other hand, the lack of explicit legal justification on behalf of Turkey and the generally muted reactions of third states make it difficult to identify relevant opinio juris. The implication is that the incident ultimately does little in terms of reducing the existing legal uncertainty regarding the ratione personae aspect of the 'armed attack' requirement of art 51 of the Charter of the United Nations.