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The International Law Dimension of the Turkish-US Crisis and the Relevant ANKASAM Report

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Despondency in Turkish-US relations is intensifying each passing day. Hence, the course and result of this quandary is a matter of curiosity, since the outcome carry great importance for both of countries as well as Turkey’s surrounding and the whole world.

As indicated hitherto, Turkey has the capacity to determine the epithet and mode of the “New Yalta Process” or the “New World Order”. Therefore, the impasse between Turkey and the United States of America is a battle to compose the next fifty years or maybe the century. Thus, the geographical and strategic importance of Turkey, its effective/motivator role in the Turkic-Islamic world and war power capacity should not be neglected.

Per contra, the United States has tested this prominence through its invasion of Afghanistan and occupation initiatives in Syria and Iraq. The conclusion was; an operation without Turkey’s involvement is destined to fail in the medium-long term! The United States can indeed overrun its opponents; however, the accompanying costs are very high. For instance; the United States indicated that their failure and rising costs in Iraq between 2003-2008 was due to Turkey.

On the other hand, there are occasions of occupation which the United States made a hash of it. For instance, the United States began to lose ground in Syria after it preferred the PYG-YPG/PKK terrorist organisation as an “ally”. Furthermore, this development galvanised the foundation of a regional pact. The “Turkish-Russian-Iranian” triad which was being floated since 2002 became a reality.

In the case of Afghanistan, the United States which was unable to freely roam in the country resorted to dressing military vehicles and soldiers with Turkish flags as a solution and since 2010 has been pressuring Ankara to join the fight on its behalf.

The current docket of the United States is Iran and the path to success transcends through Turkey. For this reason, Turkey in some way needs to be persuaded. However, Turkey, as stated in ANKASAM’s latest report, is aware of the fact that it is next in line, hence is rejecting “illegitimate proposals” in spite of being treated “inimically”.

The ANKASAM Report

To date, the international legal dimension of the crisis between Turkey and the United States hasn’t been addressed much. Whereas, it is of utmost importance to scrutinise US sanction policies and their methods of enforcement on the whole world through national laws, as well as, the response of concerned states. Such a review will surely embed the legal status of the US as a “rogue state”.

In this context, the report; “Evaluation of US Sanctions Against Turkey within the Context of International Law” penned by Olimjon SOBIR and published by Ankara Centre for Crisis and Policy Research a few days ago include key findings regarding the issue.

Moreover, the report indicates that; the US is recoursing to the “Russian Model” in its sanction decision. The report also touches upon this model and in this context discusses the antiphon of Russia and other nations which sustain US sanction.

The findings of the report can be briefly listed as follows:

  • US efforts to accord cross-border legibility to its domestic lexicon is a lasting phenomenon in international relations. Pursuant thereto, the national decree of the state is being unilaterally implemented upon the global public. In other words, the imperialist mentality of the United States is being supported by national laws.
  • The sanctions against Turkey are arbitrary and serve political purposes rather than being in line with “the maintenance or re-establishment of international peace and security” as per the United Nations Charter. Furthermore, this decision can be regarded as intervening to a judgement made by a sovereign state.
  • The argument put forth by the United States that the pastor Brunson case violates human rights is baseless and is considered as meddling with the internal affairs of a country.
  • There are numerous expressions which state that the US will not limit its sanctions to just two ministers and will take extra decisions to curb Turkey’s 2023 targets. From this context, it can be argued that the crisis does only consist of pastor Brunson. In fact, the US is targeting Turkey’s macro projects that grant Ankara effectiveness both regionally and globally.
  • It can be said that the sanction decision based on Presidential Decree No: 13818 is a sub-event in the escalating conflict between the two parties.
  • The Global Magnitsky Act, which administers the legal provision for the sanctions against Turkey has been applied, for the first time to non-Russian citizens and a NATO ally.
  • Trump has been caught between “making concessions with” or “oppressing” Ankara and seems to have chosen the latter.
  • It is clear that the crisis, which was initially assessed as conjunctural, is of a structural nature and is sure to cause radical changes.
  • Although, the US sanctions are directed to economically confine Turkey, contrary to popular belief Washington might be the one isolated via diplomatic
  • Characterising the sanctions as “hostile action” and forming a public opinion will be an influential step.
  • When Turkish-US relations are thoroughly analysed, it could be said that the decision to sanction the relevant minister can be interpreted as mounting an attack on Ankara. Therefore, it is possible to stipulate that bilateral relations are to worsen. In fact, statements made by US officials indicate that the sanctions against Turkey are to expand.
  • It is necessary to elaborate on the assertion that the United States is planning a new projection by forcing Turkey out of its alliance system. This is because, if Turkey is barred from NATO, then an intervention could be possible. Otherwise, legally and politically, and intervention shall not be possible. At the very least, the US will not want to become a state that occupies its ally.
  • In this context, to withstand US compulsions Turkey should develop policies that target a political-economic cooperation with German-axis “EU/New West”; a political-security based “Eurasian Union” with Russia and Iran and a China-based economic-political “World Island Cooperation” supported by “Belt-Road” geography.
Prof. Dr. Mehmet Seyfettin EROL
Prof. Dr. Mehmet Seyfettin EROL
Born in 1969, Dörtyol-Hatay, Prof. Dr. Mehmet Seyfettin Erol graduated from Boğaziçi University (BU), Department of Political Science and International Relations in 1993. After completing his master's degree at BU in 1995, Erol was accepted to the PhD program at BU in the same year. After completing his PhD at Ankara University in 2005, Erol became an associate professor in the field of “International Relations” in 2009 and a professor in 2014. Erol worked at the Eurasian Center for Strategic Studies (ASAM) between 2000 and 2006 and and served as the General Coordinator of ASAM for a period. In 2009, he served as also Founding Chairman and Board Member of the Institute for Strategic Thinking (SDE). He is also the Founding President of the Center for International Strategy and Security Studies (USGAM) and the President of the International Relations Institute of the New Türkiye Strategic Research Center (YTSAM). Prof. Erol has also served as the Director of Gazi University Strategic Research Center (GAZISAM). In 2007, Prof. Erol received the “Turkish World Service Award” from the Writers and Artists Foundation of the Turkic World (TÜRKSAV), and has received numerous awards for his academic work and his activities in the media. Some of them can be listed as follows: 2013 “Print Media of the Year Award” by the Association of Contemporary Democrats, 2015 “APM 10th Year Service Award”, “2015 Press-Intellectual of the Year Award” by the Writers' Union of Türkiye (YTB), “2016 Volunteer Ambassadors Media Honor Award” by the Anatolian Village Guards and Martyrs' Families, “2016 Türkiye Honor Award” by the Yoruk Turkmen Federations. Prof. Erol has 15 book studies. The names of some of them are as follows: “The United States of Turks from Dream to Reality”, “Türkiye-EU Relations: Foreign Policy and Internal Structure Problems”, “The New Great Game in Eurasia”, “The Search for Strategy in Turkish Foreign Policy”, “The Search for Security in Turkish Foreign Policy”, “The Republic of Türkiye-Russian Federation Relations”, “The Cold Organization of Hot Peace: The New NATO”, “Theoretical Approaches in Foreign Policy Analysis: The Case of Turkish Foreign Policy”, “Crises and Crisis Management: Actors and Case Studies”, “Kazakhstan” and “Current Issues in International Relations”. Since 2002, Prof. Erol, who has carried out radio programs such as “Eurasia Agenda”, “Strategic Perspective”, “Global Perspective”, “Analysis”, “File”, “News Desk”, “The Other Side of the Agenda” on TRT Türkiye's voice and TRT Radio 1 (Ankara Radio), made the programs “Arayış” on TRT INT television between 2004-2007, “Beyond the Border” on Kanal A television between 2007-2010 and “Foreign Policy Agenda” on BBN TÜRK television in 2020-2021. Prof. Erol, whose foreign policy column “Arayış” was published in Milli Gazete between 2012-2018, is consulted for his expertise in numerous national and international media outlets such as television, radio, newspapers, news websites and magazines. Prof. Erol, who also taught at Gazi University Department of International Relations and Ankara University Latin American Studies Center (LAMER) between 2006-2018, has been continuing his academic career as a faculty member at Ankara Hacı Bayram Veli University Department of International Relations since 2018. Since 2006, Prof. Erol has also taught in the Department of Political Science and International Relations at Ufuk University. The main areas of interest and expertise of Prof. Erol and the titles of his courses at the undergraduate, master's and doctoral levels in this area are as follows: “Geopolitics”, “Security”, “Intelligence”, “Crisis Management”, “Current Issues in International Relations”, “Turkish Foreign Policy”, “Russian Foreign Policy”, “US Foreign Policy” and “Central Asia and South Asia”. Prof. Erol, whose articles-evaluations have been published in many journals and newspapers, has been editor of academic journals such as “Eurasia File”, “Strategic Analysis”, “Strategic Thinking”, “Gazi Regional Studies”, “The Journal of SSPS”, “Black Sea Studies”. He is currently in the editorial boards of “Regional Studies,” “International Crisis and Political Research,” “Gazi Academic View”, “Ege University Turkish World Surveys”, “Ankara International Social Sciences”, “Democracy Platform”. Prof. Erol, who has been working as the Founding President of the Ankara Center for Crisis and Political Studies (ANKASAM) since 2016, is married and has three children.