Turkey’s military actions in the Kurdistan Region of Iraq, which have led to the deaths of nine Kurdish civilians within two weeks, constitute violations of International Humanitarian Law, according to Professor Gabor Rona, an expert in international law.
“The targeting of civilians and civilian infrastructure is a violation of the IHL,” Rona told Peregraf on Friday, noting that even unintended harm to civilians, if disproportionate to the military advantage gained, breaches these laws.
Between 23 August and 5 September, nine Kurdish civilians were killed due to Turkish military actions in Iraqi Kurdistan, including eight in drone strikes and one from bombardment. Although clashes between the Turkish army and the Kurdistan Workers’ Party (PKK) are primarily concentrated in border areas, recent drone strikes have targeted areas near Sulaymaniyah (Silêmanî), a civilian region far from the frontlines.
Professor Rona, who teaches at Cardozo Law School ibn New York, explained that the conflict between Turkey and the PKK, an armed Kurdish group seeking greater autonomy and Kurdish rights in Turkey, is classified under international law as a non-international armed conflict (NIAC). Despite its cross-border nature, “a conflict between a state and a non-state armed group remains an NIAC,” he said, pointing out that Turkey’s expansion of military operations does not change the classification.
Turkey’s actions in Iraqi Kurdistan may also breach its human rights obligations under the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR). “Complaints related to ICCPR treaty obligations may be brought to the Human Rights Committee,” Rona stated, adding that complaints under the ECHR could be brought to the European Court of Human Rights (ECtHR). Such complaints may also be directed to the UN Special Rapporteur on Human Rights and Counterterrorism and the UN Human Rights Council.
Human rights organisations have documented significant civilian casualties in Iraqi Kurdistan due to Turkish military actions. According to the Community Peacemaker Teams (CPT), a US-based human rights organisation, 702 civilians were killed or injured between January 1991 and June 2024. Civilian casualties have risen significantly since 2018, accounting for 39% of all civilian casualties since 1991, with many occurring during Turkey’s recent ‘Claw’ operations.
While Turkey claims its military operations target Kurdish armed groups, including the PKK, its drone strikes and bombardments have resulted in civilian deaths. “Targeting noncombatants always constitutes a violation of International Humanitarian Law,” Rona stated, warning that Turkey’s actions could also violate Iraq’s sovereignty and international law if conducted without Iraq’s consent.
