17 February 2016•Update: 21 February 2016
ISTANBUL
Russia’s recent aerial attacks on civilians in Syria constitute both a war crime and a crime against humanity, legal experts have told Anadolu Agency.
Up to 50 civilians, including children, were killed in attacks against five hospitals and two schools in Aleppo and Idlib on Monday, according to the United Nations.
A professor of law and a judge at the UN Mechanism for International Criminal Tribunals, Aydin Sefa Akay, says that Russia’s acts constituted a war crime in line with the Rome Statute of the International Criminal Court and was punishable -- albeit, in theory.
Noting that Russia was not a party to the statute, Akay said that it was up to the UN Security Council to adopt a resolution regarding the breach so that the ICC could get involved.
"Being one of the five permanent members of the UN Security Council, Russia has the right to veto [such a resolution]. Therefore, even if the Security Council said that Russia committed a war crime, there would be no sanctions," Akay said, recalling that Russia could not be prosecuted for crimes allegedly committed in Crimea or Ukraine, either.
A professor of law at Istanbul-based Ozyegin University, Mesut Hakki Casin, said that striking civilian targets and using excessive force on civilians in armed conflicts was a crime in accordance with the international laws of war, as well as the Hague and Geneva conventions, to which Russia is a party.
Casin also noted that the presence of Russian troops in Syria was not legitimate as it was not based on a UN resolution, adding that such foreign intervention in a civil war was against international law.
He also criticized the international community for not reacting to the airstrikes “as they should”.
“All NGOs in the world, and in particular the Red Cross and the UN, must act immediately to stop these attacks targeting civilians,” Casin said, adding that Russian strikes were launched “on purpose”, with a view to forcing locals to flee, and placing an economic burden on Turkey, which is hosting some 2.7 million refugees.
So far, Turkey has spent $9 billion on the refugees, while UNHCR has only granted $455 million.
"Russia must put an end to this hostile attitude, and stop arming terror groups such as the PYD. This is damaging Turkey’s security,” he said, adding that Turkey had the right to exercise its right to self-defense in accordance with Article 51 of the UN Charter “in case of a threat against its national security just like [they did] in Azaz”.
The Turkish military has been shelling PYD and PKK positions in northern Syria intermittently for four consecutive days in retaliation to artillery fire from PYD forces based around Azaz, located in Aleppo’s northern countryside.
The exchange of fire came after the YPG's recent advance into Azaz, which has been the scene of recent heavy fighting, just six kilometers (four miles) from the Turkish border.
The PYD is the Syrian branch of the terrorist PKK which has targeted Turkish security forces and civilians since 1984; the YPG is the armed wing of the PYD.
