XXXI. CAN THE PKK BE RECOGNIZED AS BELLIGERENT UNDER INTERNATIONAL LAW?

The status of belligerency can be acceptable in case of a civil war and when some areas of a country are under the authority of belligerent forces.174 Violent actions in Turkey have not reached the scale of a civil war and the State authority is in full effect in every part of it. It is unlikely that the status of belligerency will emerge as the PKK and its separatism lack the popular support.175 It is admitted that International Humanitarian Law faces problems on its application with regard to the Kurdish issue. Therefore, endorsement of Geneva Conventions and related Protocols, lobbying in International Red Cross Committee and activities planned for being recognized as legitimate representatives of Kurdish people in the international fora are suggested to so-called Kurdish liberation groups.176 In any case, whichever method is used, legally unfounded claims that do not represent the facts are hardly acceptable.

174 Pazarcı, Uluslararası Hukuk... [Lectures on...], pp. 19-20.

175 A PIAR-Gallup poll in 1992 found out that 29% of Southeastern Turkey’s population and 28% of the people nationwide agreed that the PKK represented the Kurds of Turkey. In a book of interviews (Rafet Ballı, Kürt Dosyası [The Kurdish Dossier] (İstanbul:Cem Yayınevi, 1992)) none of the 23 Kurdish intellectuals and leaders endorsed PKK’s representation, however. In 1989 local elections mayoral candidates who were known to be pro-PKK could have attracted 7% of the total votes. In 1994 local elections, only 10% of the votes were spoiled in spite of the orders from the PKK to boycott the elections or cast invalid votes. See Criss, "The Nature of...", p. 25.

176 Jane Connors, "İnsani Hukuk Düzeni ve Kürt Sorunu" [Humanitarian Legal Order and the Kurdish Question] in Kürtler: Güncel Bir Araştırma [The Kurds: A Contemporary Overview], p. 97.