The Problem of the “Cases Deemed Legitimate by International Law” in Turkish Constitution

Abstract

International law bans the use of force or threat of force in conduct of international relations while providing for only two valid exceptions to this rule: individual or collective self-defense and collective action authorized by the UNSC. Alongside the contemporary prohibition of the use of force in international relations, states also introduce additional regulations at national level to constrain the use of force. In Article 92 of the Turkish Constitution, the power to declare state of war, and to authorize the dispatch of Turkish troops abroad or deployment of foreign troops on Turkish soil is vested in the Turkish Grand National Assembly. However, this decisive power of the Parliament is subject to the limitation that such authorization may only be granted “in cases deemed legitimate by international law.” The Constitution, however, does not define the term “deemed legitimate by international law”, nor does it identify the mechanism through which this finding may take place. In light of the increase in both frequency and instances of the Turkish Parliament’s granting of authorization of the Government under Article 92, it is essential that there be clarity and understanding about the relationship between the constitutional provision on “cases deemed legitimate by international law” and actual international law governing the use of force.

Keywords

Constitution, UN Charter, Use of Force, Self-defense, Terror, Humanitarian Intervention

Citation

Balık, Gürcan, “The Problem of the “Cases Deemed Legitimate by International Law” in Turkish Constitution”, International Relations, Volume 12, Issue 47, pp. 47-71.

Affiliations

• Gürcan BALIK, Dr., Ambassador, Turkish Ministry of Foreign Affairs, Ankara