Özet:

The attack that USA and his allies started against Iraq in 19 March 2003 has its place in the world history as a politic, ethic and legal impurity. Turkey floundered about how to act in this situation for a long time. It has determined its own role by negotiating whether this interference is acceptable for national and international law within the scope of three different memorandums discussed in Turkish Grand National Assembly on 6 February, 1 March and 20 March 2003. In our opinion, within the frame of principles and norms present in the common area of national and international law, Turkey’s contribution to this interference with memorandums is contradictory to the international law, as much as the attack made against Iraq is. It is possible to detect this contradictory with an evaluation to be made over the related arrangements of our domestic law and; principles and rules identified by the international law to use power. It was banned to solve the conflicts between states by means of power after the Second World War with the clear provisions of United Nations Agr eement; exceptions were bound to objective criterions in the related provisions of the Aggreement. Whereas international law consists of the normative frame to ensure peace and safety in the world, its loose structure about the operation of enforcement mechanism victimizes and leavesdefenseless some geographies with their people and countries against illegal games of power politics with the imperialist aim. USA’s attack against Iraq is an international law infringement. (As an ally or strategic partner or friend) No matter which name has it, any states supporting directly or irdirectly (voluntarily or not) this attack is a cooperator of this infringement. Ethic and moral responsibility requires first to sentence the responsibilities of this infiringement in the collective conscience of international community and then to put enforcement mechanisms of international law in action against this infringement

Anahtar Kelimeler: