{"id":2952,"date":"2023-02-26T23:10:58","date_gmt":"2023-02-26T22:10:58","guid":{"rendered":"https:\/\/hevdesti.org\/?p=2952"},"modified":"2023-02-26T23:27:13","modified_gmt":"2023-02-26T22:27:13","slug":"peace-spring-strip-not-as-safe-as-turkey-publicizes","status":"publish","type":"post","link":"https:\/\/hevdesti.org\/en\/peace-spring-strip-not-as-safe-as-turkey-publicizes\/","title":{"rendered":"\u201cPeace Spring\u201d Strip Not as Safe as Turkey Publicizes"},"content":{"rendered":"

Executive Summary: <\/strong><\/h4>\n

During 2022, Hevdesti-Synergy Association for Victims documented 33 intra-factional clashes\/internal fighting, between factions of the opposition Syrian National Army (SNA) in the two regions of Ras al-Ayn\/Ser\u00ea Kaniy\u00ea and Tall Abyad, that caused the death of two civilians and injured twenty others, including two women and three children. The internal fighting also killed 22 fighters of the Turkish-backed factions and injured at least 83.<\/p>\n

Additionally in 2022, \u201cPeace Spring\u201d strip witnessed five cases of murder\/assassination carried out by anonymous gunmen in which four fighters of the opposition SNA and two civilians were killed. One of the civilians was a jeweler who was killed during a robbery. Four fighters of the SNA\u2019s factions were injured during three failed murder\/assassination incidents. Moreover, one single case of direct fire was documented when an armed group operating under the al-Hamzat\/al-Hamza Division fired bullets on a gathering of civilians, injuring one boy.<\/p>\n

The information collected by Hevdesti-Synergy showed that there are several reasons behind the internal clashing between the SNA-affiliated factions. The majority of clashes are on disputes over power, drug dealing, and human trafficking between Syria and Turkey. Other clashes take place at first between individuals and, in some cases, evolve to become a wider military confrontation. Tribal fanaticism (Asabiyya) <\/em>contributes to developing some of the disputes between fighters of the SNA into wider confrontations.<\/p>\n

The biggest toll by intra-factional clashes between the SNA\u2019s factions in 2022 was felt in April, which coincided with the holy month of Ramadan, when eight internal clashes broke out. Seven clashes broke out in March and four in May, one of which was the most violent fighting in the Turkish-held areas in Northern Syria.<\/p>\n

\"\"al-Hamzat Division is the group that was part of the most intra-factional clashes in Ras al-Ayn\/Ser\u00ea Kaniy\u00ea and Tall Abyad regions during 2022, as it was involved in 24 cases of internal fighting. Followed by Tajammu Ahrar al-Sharqiya\/Gathering of Free Men of the East faction which took part in ten cases of internal infighting. While the 20th<\/sup> Division and the Military Police each took part in seven cases of internal fighting. The internal fighting did not break out, as expected, between two different armed factions only, rather eight internal clashes at least erupted between armed groups of the same faction.<\/p>\n

\"\"All the intra-factional fighting between factions of the SNA in Ras al-Ayn\/Ser\u00ea Kaniy\u00ea and Tall Abyad regions broke out in populated areas, such as markets, residential neighborhoods and villages. In some other cases, internal fighting broke out on checkpoints used by civilians. In addition, cases of killings, assassinations, and shootings were documented in the towns and villages.<\/p>\n

From the victims\u2019 perspective, impacts of internal fighting and armed chaos in Turkish-held areas are not only limited to civilian casualties and civilian property damages. They rather push the population to consider leaving the whole region. The deteriorating security situation increases the instability and clearly affects the economic development process, exacerbating the bad economic conditions and extreme poverty the majority of Syrians are already suffering from across the country.<\/strong><\/p>\n

 <\/p>\n

Armed Chaos and Insecurity in \u201cPeace Spring\u201d Strip: <\/strong><\/h4>\n

The Turkish government claimed its October 2019 military operation dubbed \u201cPeace Spring\u201d on Northeastern Syria as establishing a \u201csafe zone\u201d to protect its national security and bring peace and safety to the region. However, contrary to Turkey\u2019s propaganda, armed chaos and insecurity have continued to characterize the situation in the two regions of Ras al-Ayn\/Ser\u00ea Kaniy\u00ea and Tall Abyad despite three years have passed since Turkey\u2019s occupation.<\/p>\n

On the other hand, armed chaos and insecurity are rife in Turkish-held areas in Northern Syria, including Ras al-Ayn\/Ser\u00ea Kaniy\u00ea and Tall Abyad, with no monitoring or license available. On April 12, 2022, the Ministry of Defense in the Syrian Interim Government (SIG), the political umbrella of the SNA, issued a circular<\/a> to police the possession and use of arms in its areas of control and limit its use to military camps, front lines with the enemy, and security checkpoints[1]<\/a>. Nevertheless, the use of weapons is still rampant and any fight, frequently and immediately, turns to an armed confrontation whether by shooting in the air to spread fear and panic or direct shooting with the aim to cause injuries.<\/p>\n

All of the above, the daily violations committed by factions affiliated with the Turkish-backed SNA, and lack of accountability and persistence of impunity, make the Turkish-held territories unsafe and not in meeting with the criteria<\/a> of voluntary return set by the United Nations.<\/p>\n

 <\/p>\n

Turkey\u2019s Legal Obligation as an Occupying Power:\u00a0 <\/strong><\/h4>\n

Since October 2019, Turkey has occupied the area lying between Ras al-Ayn\/Ser\u00ea Kaniy\u00ea and Tall Abyad under the operation called \u201cPeace Spring\u201d and maintains a continuous military existence there with enforcing Turkish law, running schools and other public jobs.<\/p>\n

Territory is considered \u201coccupied\u201d when it comes under the effective control or authority of foreign armed forces, whether partially or entirely, without the consent of the domestic government. Today, an occupying power\u2019s effective control can be exercised without a continuous military presence in the territory as the focus is on the extent of authority retained by the foreign focus rather than exclusively focusing on how it is exercised[2]<\/a>. As soon as the territory is under the effective control of foreign armed forces, laws of occupation apply.<\/p>\n

Turkey deals with these regions as if they were a part of Turkey. For example, the two occupied cities of Ras al-Ayn\/Ser\u00ea Kaniy\u00ea and Tall Abyad administratively, as well as in terms of services, follow Turkey\u2019s governorate of \u015eanl\u0131urfa. The Syrian Center for Support and Coordination, which is run by \u015eanl\u0131urfa\u2019s governor, provides public services, including water, garbage collection, city cleaning, heath care services, and humanitarian assistance. \u015eanl\u0131urfa\u2019s former governor Abdullah Erin, and his successor Salih Ayhan visited the occupied region several times to check the implemented projects. Turkish state departments coordinate these services with the support and aid provided from the Turkish armed forces. [3]<\/a><\/p>\n

On the other hand, the Turkish armed forces still<\/a> control these territories and have established military bases[4]<\/a> and checkpoints there. The Turkish government provides training and logistical support to the SNA and police forces in the occupied area, and closely coordinates with them, at the highest levels, including instructing executive orders to senior commanders.<\/p>\n

In the Turkish-occupied areas, Turkey bears responsibility to ensure public order and safety, and a special protection for women and children. Turkey remains bound by applicable human rights obligations vis-\u00e0-vis all individuals present in these territories. If Turkish forces do not intervene to stop those violations, when they are informed about, they may be violating the afore-mentioned obligations.<\/p>\n

Furthermore, the occupying power is under obligation to respect the provisions of the human rights treaties to which the country whose territory is partially or totally occupied.[5]<\/a>\u00a0 Moreover, the extraterritorial application of human rights conventions is an obligation incumbent on the occupying power[6]<\/a>.<\/p>\n

In accordance with Article 43 of the 1907 Hague Regulations<\/a> the occupying power \u201cis under an obligation to take all the measures in its power to restore, and ensure, as far as possible, public order and safety in the occupied area.\u201d[7]<\/a>\u00a0 Turkey is thus obliged \u201cto secure respect for the applicable rules of the [IHRL] and [IHL], to protect the inhabitants of the occupied territory against acts of violence, and not to tolerate such violence by any third party\u201d. Therefore, the occupier must also respect its own obligations derived from its own commitments to any international or regional conventions, in addition to any customary provisions. This was confirmed by the European Convention of Human Rights (ECHR) which in turn stressed that the country part of the ECHR[8]<\/a>\u00a0 is obliged to apply the Convention outside its national territory, to the benefit of foreign nationals, whenever it is exercising control or authority over a foreign individual, and whenever it is exercising effective control over a territory other than its national territory.[9]<\/a><\/p>\n

<\/h4>\n

 <\/p>\n

Violation of the US-Turkish Agreement: <\/strong><\/h4>\n

Beside the failure to acknowledge its occupations of parts of Northeast Syria and not committing to its obligations as an occupying power in the areas lying between Ras al-Ayn\/Ser\u00ea Kaniy\u00ea and Tall Abyad, armed chaos and insecurity in these areas indicate that Turkey is violating items of the US-Turkish Ceasefire in Northeast Syria agreement<\/a>, signed on 17 October 2022, and described a \u201c\u2018Historic Agreement\u201d\u2019 by the US White House.<\/p>\n

The agreement was announced by former US-Vice President Mike Pence and the Turkish President Recep Tayyip Erdo\u011fan after negotiations in Ankara. Soon after, former US president Donald Trump praised the agreement, adding \u201cmillions of lives will be saved\u201d. A joint US-Turkish statement following the negotiations said, \u201cthe Turkish armed forces will take over the creation of the safe area\u201d.<\/p>\n

Item No. (4) in the joint US-Turkish statement, that included 13 items, stated, \u201cthe two countries pledge to uphold human life, human rights and the protection of the religious and ethnic communities<\/strong>\u201d. Also, item No. (7) of the agreement alleged, \u201cTurkey voiced commitment to ensure safety and well-being of residents of all population centers in the safe area controlled by the Turkish forces, and reiterated that it will take utmost precautions to avoid inflicting damage on civilians or on infrastructure.<\/strong>\u201d<\/p>\n

Turkey failed, as an occupying power, to maintain the safety and security of the civilians living in the areas under its control. The numerous and continuous cases of intra-factional fighting between factions of the Turkish-backed SNA and proliferation and use of weapons among civilians all but ensure that the area lying between Ras al-Ayn\/Ser\u00ea Kaniy\u00ea and Tall Abyad, which Turkey calls a \u201c\u2018safe zone\u201d, is not safe at all, and that civilians\u2019 lives are at risk, contrary to item No. (7) of the US-Turkish agreement.<\/p>\n

Not taking serious measures to maintain safety and security by the Turkish authorities effectively controlling these territories and turning a blind eye to the internal fighting among the armed factions tasked to administer the occupied region, violate Turkey\u2019s obligation to uphold human life and human rights, contrary to item No. (4) of the US-Turkish agreement. In addition to civilian casualties and material losses during these clashes, on more than one occasion, civilians were arrested by the warring factions on charges of dealing with the enemy faction. Furthermore, civilians were forced to flee, fearing death during clashes, and were subjected to home and property pillage.<\/p>\n

 <\/p>\n

Recommendations: <\/strong><\/h4>\n

Turkey has failed to assume its responsibilities vis-\u00e0-vis the territories it occupies in Syria and has not taken any serious measures to ensure the protection of civilians. Instead, it has turned a blind eye to the intra-factional fights between the armed factions which were authorized by Turkey to run the region. Although the Turkish authorities effectively control these areas, they never intervened to stop the clashing, except in one incident when they stopped the clashing, and it was coincided with the presence of Turkish officials in the region. Moreover, the Turkish authorities didn\u2019t hold accountable fighters of the factions who were responsible for killing or injuring civilians, and they never forced a faction to compensate the material damages caused by internal fighting.<\/p>\n

Based on the above, Hevdesti-Synergy Association recommends that:<\/p>\n