31 March 2014, Monday /TODAY’S ZAMAN, ANKARA
Onur Öymen, the former deputy chairman of the main opposition Republican People’s Party (CHP), told Today’s Zaman that Erdoğan’s remarks about declaring war on Syria do not comply with either national law or the principles of international law. “Turkey cannot declare war on a country unless an attack happens first. This [declaring war] is not possible without a reason,” said Öymen.
During his “balcony speech,” Erdoğan, surrounded by a former Cabinet minister and family members who have been implicated in alleged corruption, stressed that Syria is in a state of war with Turkey. He also criticized the leaking of a recorded conversation concerning whether Turkey should conduct a military operation in Syria ahead of Sunday’s elections, allegedly between Foreign Minister Ahmet Davutoğlu and certain government officials.
“How can you threaten our national security? Syria is in a state of war with us. They are harassing our planes. They have martyred 74 of our brothers, and the Tomb of Süleyman Şah is our land. An attack on there is an attack on 780,000 square kilometers. Can we remain silent about such a thing? But these traitors wiretapped this meeting and leaked it to the world,” the prime minister said in his speech.
The audio recording, which was uploaded to YouTube on March 26, reveals a top-secret conversation allegedly between Davutoğlu, Foreign Ministry Undersecretary Feridun Sinirlioğlu, National Intelligence Organization (MİT) head Hakan Fidan and Deputy Chief of General Staff Gen. Yaşar Güler. Today’s Zaman could not independently verify the authenticity of the audio nor could it determine when or how it was recorded.
In his remarks, Öymen recalled that in October of last year Parliament approved a government motion to renew a mandate to send troops to Syria in case of a possible attack. “Unfortunately, Erdoğan is using the war argument for his domestic political agenda,” Öymen added.
During the vote on the motion, the ruling Justice and Development Party (AK Party) and opposition Nationalist Movement Party (MHP) voted in favor of the motion, while the main opposition CHP and pro-Kurdish Peace and Democracy Party (BDP) voted against.
The one-year motion was first endorsed by Parliament last year by a vote of 320-129 after mortar shells from Syria killed five civilians in the border town of Akçakale. The government then said it had no intention of going to war with Syria, although it did blame Syria for the incident.
The proposal read: “To enable our country’s security against all possible threats, to protect Turkey’s surplus profits efficiently, in order not to be faced with a situation from which it will be difficult to recover in the future, to help the Turkish Armed Forces [TSK] employ a fast and dynamic policy, I submit Motion No. 2025, dated Oct. 4, 2012, for the approval of Parliament for the right to allow the TSK to be sent to foreign countries and the necessary regulations that will enable this, the limit, scope, extent and time of which will be decided by the government, to be prolonged for one more year as of Oct. 4, 2013, according to Article 92 of the Constitution.”
Associate Professor Cenap Çakmak, a lecturer in International Law and Politics at Eskişehir Osmangazi University, pointed out two important aspects of declaring war. Speaking to Today’s Zaman, Çakmak said that firstly, according to the norms of international law, the declaration of war is a banned act, referring to United Nations Charter Article 2, which states, “All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.”
In the second place, Çakmak maintained that according to Turkish constitutional law, the sole authority that can declare war on another state is Parliament, adding that most of the motions approved by Parliament are to send Turkish troops abroad on missions that are in line with the norms of international law. “In this regard, Erdoğan’s remarks do not have any legal validity,” Çakmak added.
Prior to the local elections, Erdoğan confirmed the occurrence of the security meeting at a public rally in the city of Diyarbakır, saying that the wiretapping of his foreign minister’s office was “immoral,” “cowardice,” “dishonest” and “mean.”
The conversation in the audio recording focuses on whether the Turkish military should enter Syria to protect the tomb of Süleyman Şah, the grandfather of Sultan Osman I, founder of the Ottoman dynasty.
The tomb used to be located at Jaber Castle, a historic castle within Syria’s borders, which is a highly sensitive location protected by a contingent of the Turkish army. It was later moved to another location after the castle was flooded due to dam construction.
According to the Treaty of Ankara, which was signed on Oct. 20, 1921 between the colonial power France and the Turkish Parliament, the compound housing the tomb of Süleyman Şah is considered Turkish territory.
The Foreign Ministry issued a statement regarding the audio recording, saying that the recording of this highly sensitive meeting attended by people responsible for the security of Turkey had been tampered with.
It said the senior officials had met to make a contingency plan in the case of an attack on the tomb of Süleyman Şah, and it reaffirmed Turkey’s determination to defend the tomb.
The statement also said that eavesdropping on conversations in the foreign minister’s office is an attack on Turkey’s national security, an act of espionage and a serious crime.