Human
Rights Watch/Middle East
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e-mail:
hrwdc@hrw.org
For
Immediate Release: April 20, 1995
For
Further Information:
Susan
Osnos (212) 972-8400 ext. 216
Brian
Owsley (212) 972-8400 ext. 299
HUMAN
RIGHTS WATCH/MIDDLE EAST CALLS ON TURKEY TO HONOR THE GENEVA
CONVENTION
IN IRAQ
In a
letter dated April 20 to the Turkish Foreign Minister Erdal Inonu,
Human
Rights/Middle East calls on the Turkish government "to
acknowledge
and to implement its obligations under the Geneva
Convention
for its operations in northern Iraq." Turkey's failure to
acknowledge
these obligations may create the impression among Turkish
troops
in Iraq that they can "violate the rights of civilians and
adversaries
placed hors de combat with impunity."
The
United States has been Turkey's most supportive ally regarding this
operation.
During President Clinton's meeting with Prime Minister Tansu
Ciller
on April 19, he reiterated his stance that Turkey's actions
against
the rebels was justified. He also urged her to seek a swift
removal
of the troops. Despite mentioning concerns about innocent
civilians,
President Clinton failed to seek a reaffirmation of Turkey's
commitment
to the Geneva Conventions and assurances that Turkey comply
with
its humanitarian obligations.
April
20, 1995
The
Hon. Erdal Inonu, Foreign Minister
Ministry
of Foreign Affairs
Ankara,
Turkey
Dear
Foreign Minister Inonu:
Human
Rights Watch/Middle East is extremely concerned about statements
by the
Turkish Foreign Ministry that Turkey's operation in northern
Iraq is
not covered by the Geneva Conventions. On April 5, your
spokesperson
Ferhat Ataman said: "Turkey, as it clearly indicated from
the
beginning, has no intention of occupying or invading Iraq. There is
no
reason to implement the Geneva Conventions, because there is no
question
of a war between states or an invasion."
This
statement incorrectly implies that the laws of war do not apply to
this
operation. That sends an inappropriate and dangerous message to
the
Turkish military. The soldiers in northern Iraq could interpret
such
statements as permitting them to violate the rights of civilians
and
adversaries placed hors de combat with impunity.
HRW/ME
believes that Turkey's military operation in Iraq should clearly
be
governed by the 1949 Geneva Convention Relative to the Protection of
Civilian
Persons (the Fourth Convention) as well as customary
international
law. Article 2 of the Fourth Convention states: "The
Convention
shall also apply to all cases of partial or total occupation
of the
territory of a High Contracting Party, even if the said
occupation
meets no armed resistance." Given the large area currently
occupied
by the Turkish military in Iraq and the considerable military
action
in this zone, HRW/ME believes that this operation constitutes an
occupation
and therefore triggers the protections of the Geneva
Convention.
On
March 20, Turkey sent a force of 35,000 soldiers into Iraq without
the
permission of the Iraqi government. To date only about 3,000 troops
have
been removed, and the military shows no signs of any immediate
further
troop reductions. Prime Minister Tansu Ciller has indicated
that
she does not know when the Turkish troops will be withdrawn.
During
his recent visit to Chile, President Suleyman Demirel said that
Turkish
troops would remain "in northern Iraq as long as they are
needed
to hunt down Kurdish rebels." Turkish troops currently occupy a
zone
twenty- five miles into Iraq along the entire 178-mile Turkey-Iraq
border.
Arguments
that there is no sovereign power in northern Iraq do not
permit
Turkey to abdicate its obligations under the Geneva Convention.
It is
well accepted that northern Iraq is still a part of the sovereign
territory
of Iraq. Moreover, the government of Iraq objected to
Turkey's
military operation, which establishes that it is an
occupation;
armed resistance is not necessary for these purposes.
Under
the Fourth Geneva Convention, Turkey, as the occupying force, is
responsible
for the protection of civilians and civilian property in
the
area. We fear that troops in the field will neglect this duty if
your
government continues to send the signal that the Fourth Geneva
Convention
is inapplicable. Such abandonment of clearly relevant
standards
might serve as an invitation to abusive warfare.
HRW/ME
calls on the Turkish government to acknowledge and to implement
its
obligations under the Geneva Convention for its operations in
northern
Iraq. Turkey should also invite the International Committee of
the Red
Cross to monitor compliance with these standards. In addition,
the
U.N. High Commissioner for Refugees should be ensured unrestricted
access
to provide services and protection for qualified refugees.
Sincerely,
Kenneth
Roth
Executive
Director
Human
Rights Watch
cc: The
Hon. William Clinton