Since July 2015, there has been a non-international armed conflict in Turkey between the Turkish armed and security forces and the Kurdistan Workers' Party PKK.
There is currently a non-international armed conflict in Turkey between the Turkish armed and security forces and the Kurdistan Workers' Party PKK. The non-international armed conflict against the PKK spills over into Syria and Iraq where the Turkish action is intertwined with the ongoing non-international armed conflicts in Syria and Iraq. Due to the Turkish use of force on Iraqi and Syrian territory, the spill over of the non-international armed conflict in Turkey also leads to parallel international armed conflicts with Iraq and Syria.
Two criteria need to be assessed in order to answer the question whether a situation of armed violence amounts to a non-international armed conflict.
- First, the level of armed violence must reach a certain degree of intensity that goes beyond internal disturbances and tensions.
- Second, in every non-international armed conflict, at least one side to the conflict must be a non-state armed group which must exhibit a certain level of organization in order to qualify as a party to the non-international armed conflict. Government forces are presumed to satisfy the criteria of organization. For further information, see the 'non-international armed conflict' in our classification section.
Intensity of the violence
Various indicative factors are used to assess whether a given situation has met the required intensity threshold, such as the number, duration, and intensity of individual confrontations; the types of weapons and military equipment used; the number of persons and types of forces participating in the fighting; the number of casualties; the extent of material destruction; the number of civilians fleeing; and the involvement of the United Nations Security Council. For further information, see 'non-international armed conflict - intensity of violence' in our classification section.
The 2013 cease-fire agreement between the Kurdistan Worker's Party PKK and the Turkish government broke down in July 2015 when renewed fighting broke out between the PKK and Turkish armed and security forces following a suicide attack in the Turkish-Syrian border town Suruç. While the government blamed the Islamic State group for the attack, the PKK attacked and killed two Turkish policemen in response. C. Letsch, 'The Turkish Kurds Who Want Peace - But Not at Any Price', The Guardian, 11 August 2015. Reportedly, the PKK undertook 90 attacks between 21 July and 12 August 2015. A. Aydin and C. Emrence, ' A New Episode in the Turkish Civil War?', The Washington Post, 21 August 2015. In response, the government launched airstrikes against PKK targets in both Turkey and northern Iraq, claiming to have killed 390 PKK militants by mid-August. 'Turkey: Jets Strike Kurdish Rebels', Associated Press, 4 August 2015; C. Yeginsu, 'Turkey Atttacks Kurdish Militant Camps in Northern Iraq', The New York Times, 25 July 2015; D. Kenner, 'Turkey's War Within', Foreign Policy, 17 August 2015; L. Bohn, '"All Our Young People Have Gone to the Mountain". Inside Turkey's Revived War Against the Kurds', The Atlantic, 18 August 2015; T. Arango, 'As Turkey Targets Militants, War Grips Kurdish Lands Once Again', The New York Times, 24 August 2015. The government also arrested hundreds of people with suspected links to either the PKK or the Islamic State group in July 2014. S. Capeluouto and G. Tuysuz, 'Turkey Arrests Hundreds of Suspected Terrorists, Prime Minister Says', CNN, 25 July 2015. According to the International Crisis Group, at least 3, 351 people have been killed in clashes since 20 July 2015, with a notable spike from August 2015 onwards. See the International Crisis Group's open source casualty tall, last updated on 18 January 2018: Turkey's PKK Conflict: The Rising Toll. Moreover, contrary to earlier phases of the armed conflict, armed clashes have also been taking place in urban areas of south-east Turkey, G. Murat Tezcür and C. Beslaw, 'Violence in Turkey is Increasingly Resembling Violence in Syria - Here's Data to Show Why', Political Violence @ a Glance Blog, 23 September 2016; A. Stein 'Kurdish Militants and Turkey's New Urban Insurgency', War on the Rocks Blog, 23 March 2016. , in particular between December 2015 and June 2016 when Kurdish forces retreated from their last urban strongholds. M. Konaev and B. Kadercan, 'Old Dogs, New Tricks: Urban Warfare in Turkey's War with the PKK', War on the Rocks Blog, 3 January 2018. Since then, fighting has been taking place predominantly in rural areas. Curfewes have repeatedly been imposed on towns and city districts in south-east Turkey since August 2015. 'C. Letsch, 'Sur, Turkey: Residents Pay Price of Violence as Curfew Enters Fourth Month', The Guardian, 3 March 2016. According to information provided for by the Turkish Human Rights Foundation, there have been '58 officially confirmed open-ended and round-the-clock (daylong) curfews, in at least 19 districts of 7 cities in Southeastern Turkey' between 16 August 2015 and 5 February 2016. In December 2015, the European Court communicated to the Turkish government 34 applications concerning the curfew measures taken in Turkey since August 2015. 'European Court of Human Rights Looks into Complaints About Curfew Measures in Turkey, Press Release, Doc no ECHR 420 (2016), 15 December 2016. Amnesty International estimated that 'at least half a million people have been forcibly displaced by the violence, large-scale destruction of property and by ongoing curfews across the south-east' by December 2016. Displaced and Dispossed. Sur Residents' Right to Return Home, Amnesty International, 6 December 2016, p 5. The use of heavy weaponry by the Turkish armed forces resulted in extensive destruction of some of the urban areas affected. For example, in its March 2017 report the United Nations Office of the High Commissioner estmated that 70 percent of the building in the easter part of the Sur District of Diyarbakir where destroyed as a result of heavy shelling. See Office of the United Nations High Commissioner for Human Rights, Report on the Human Rights Situation in South East Turkey, July 2015 to December 2016, February 2017.
In light of the frequency of attacks by the PKK and goverment armed and security forces, the number of causalties and the number of people forced to leave the areas affected by violence, the required degree of intensity was arguably reached from August 2015 onwards.
A series of indicative factors are used to assess whether armed groups exhibit the required degree of organization, such as the existence of a command structure and disciplinary rules and mechanisms, the ability to procure, transport, and distribute arms, the ability to plan, coordinate and carry out military operations, the ability to negotiate and conclude agreements, e.g. cease fire or peace agreements. If the criterion of a minimum organization of the armed groups is not fulfilled, there is no armed conflict. For further information, see 'non-international armed conflict - organization' in our classification section.
There is relatively little information available about the current organization of the PKK. See 'Who Are Kurdistan Worker's Party (PKK) Rebels', BBC, 4 November 2016. Its political leader Abdullah Ӧcalan has been imprisoned in Turkey since his arrest in 1999. Cemil Bayik is believed to be the number two in the PKK and has repeatedly spoken on behalf of the PKK from its basis in the Qandil region in Iraq. See for example the following interviews: D. Yücel, 'Ja, es gab Hinrichtungen', Die Welt, 23 August 2015; I. Pannell, 'Kurdish PKK Warns Turkey of Long Fight for Freedom', BBC, 25 April 2016. Yet, the PKK is able to sustain military operations not only in Turkey, but also in Iraq as part of the non-international armed conflict against the Islamic State group, which illustrates that the group is fullfing the requisite degree of organization. R. Hall, 'Kurdish Group Fighting Islamic State Tells America: Stop Calling Us Terrorist', Global Post, 22 December 2014; M. A. Salih, 'PKK Forces Impress in Fight Against Islamic State', Al Monitor, 1 September 2014.
The non-international armed conflict against the PKK spills over into Syria and Iraq where the Turkish action is intertwined with the ongoing non-international armed conflicts in Syria and Iraq. In Syria, Turkey has been shelling Kurdish militia and the Islamic State group. T. Arango, 'Turkey Confirms Strikes Against Kurdish Militias in Syria', The New York Times, 27 October 2015. The spill over of the non-international armed conflict in Turkey also leads to parallel international armed conflicts with Iraq and Syria. Moreover, Turkey is occuppying part of northern Syria.
Views of the parties to the conflict
After launching airstrikes targeting the PKK, the Turkish Prime Minister Erdogan announced the end of the peace process with the PKK. F. Ozerkan, 'Turkeys Erdogan Says Peace Process with Kurds Over', AFP, 28 July 2015; A. Barnard, 'Turkey's Focus on Crushing Kurdish Separatists Complicates the Fight Against ISIS', The New York Times, 28 July 2015. After denying in an interview in August 2016 that the PKK was in a war with Turkey, its purported leader Cemil Bayik referred to the war against Turkey in an interview in April 2016. D. Yücel, 'Ja, es gab Hinrichtungen', Die Welt, 23 August 2015; I. Pannell, 'Kurdish PKK Warns Turkey of Long Fight for Freedom', BBC, 25 April 2016.
Turkey is a state party to the four 1949 Geneva Conventions, but did not ratify the 1977 Additional Protocol applicable to non-international armed conflicts. Both Turkey and the Kurdistan Workers' Party are bound by Article 3 common to the 1949 Geneva Conventions that provides for the minimum standard to be respected and requires humane treatment without adverse distinction of all persons not or no longer taking active parts in hostilities. It prohibits murder, mutilation, torture, cruel, inhuman and degrading treatment, hostage taking and unfair trials. In addition, they are bound by customary international humanitarian law applicable to non-international armed conflicts. Customary international law consists of unwritten rules that come from a general practice accepted as law. Based on an extensive study, the International Committee of the Red Cross maintains a database on customary international humanitarian law. Turkey is a state party to the 1997 Anti-Personnel Mine Convention. For further information on the Anti-Personnel Mine Convention, see '1997 Anti-Personnel Mine Ban Convention', Weapons Law Encylopedia, Geneva Academy. Amongst others, the Convention prohibits the use of anti-personnel mines for state parties and requires them to destroy all anti-personnel mines in mined areas under their jurisdiction. See Article 5 of the treaty. In December 2013, states parties accepted the Turkish request to extend its mine clearance deadline for eight years until 1 March 2022. See the Extension report submitted by Turkey in March 2013 and the Decision on the request by Turkey in December 2013.
In addition to international humanitarian law, international human rights law continues to apply during times of armed conflict. Under human rights law, the territorial state has an obligation to prevent and to investigate alleged violations, including by non-state actors.
Founded in 1978 by Abdullah Ӧcalan, the Kurdistan Workers' Party PKK launched an armed struggle against the Turkish government with the aim of creating a Kurdish state. In the 90s, the PKK abandoned its aim of statehood for the Kurds and started to call for Kurdish autonomy instead. Since his arrest in 1999, PKK leader Abdullah Ӧcalan has been imprisoned. In the 2000s, the PKK renamed itself Kurdistan People’s Congress (Kongra Gel, KGK). It is mainly active in south-east Turkey and northern Iraq and is linked to the main Kurdish party in Syria, the Democratic Union Party (PYD), and its armed wing, the Popular Protection Units (YPG). The PKK is listed as a terrorist group by a series of countries, including Turkey, the United States and the United Kingdom. The EU designated the PKK as a terrorist group in 2002.