CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ THE USE OF FORCE AGAINST THE ISLAMIC STATE ȍ JUS AD BELLUM ASPECTSȎ to the use of military force by one State on the territory of another if the territorial State so requests or consents. It is clear in this case that Iraq has consented to the use of military force to defend itself against ISIL in Iraq”. 62 Likewise, in the motion placed before the House of Commons in October 2014, the government of Canada suggested that the House should “acknowledge the request from the Government of Iraq for military support against ISIL from members of the international community, including the Government of Canada”. 63 Iraq itself referred to its request for assistance, including military assistance, in the letters sent to the UN Secretary- General and the UN Security Council in June and September 2014 respectively. 64 The legality of the use of force by the US and the other members of the CJTF–OIR coalition has not been challenged by any other State. Nor has it been questioned by international law scholars. The same applies to the intervention in the Iraqi territory of certain other States which are not members of the CJTF-OIR coalition. This is typically the case of Iran . On 31 December 2014, Iraq and Iran signed a military pact to combat the IS forces. 65 Already prior to this act, the Iranian armed forces were allegedly involved in the conflict, supporting the Iraqi government forces and the Kurds militias. Iran denied its involvement. It probably did so for political reasons, as the Iraqi government never contested the lawfulness of the Iranian intervention in its territory. Both Iraq and Iran, moreover, have since then admitted the presence of the Iranian forces in Iraq, justifying it by the consent of the Iraqi government and the cooperation in the fight against terrorism. 66 The same is true for the Russian Federation, which got the authorisation (consent) to use force in the territory of Iraq to “target Islamic State group convoys coming from Syria” 67 on 23 October 2015. The situation is different with respect to Turkey. Turkey is part of the CJTF–OIR but it has repeatedly intervened in Iraq on its own. Iraq has always protested against such actions. The strongest protest came after the deployment near Mosul of a large Turkish armed unit on 13 December 2015. In its letter to the President of the UN Security Council, Iraq declared that “the entry of Turkish forces, including heavy combat equipment and a large number of troops, deep into Iraq territory is an act of provocation and violates international law. Those military movements are an act of aggression under the Charter /…/. They also violate the territorial integrity and sovereignty of the Iraqi State” . 68 Iraq called upon the Security Council to take measures to protect it, while reserving “the right to defend itself and take all measures required to put an end to this act of aggression and halt Turkish transgressions in Iraqi territory”. 69 The incident attracted 62 UK Prime Minister’s Office, Summary of the government legal position on military action in Iraq against ISIL, Policy Paper, 25 September 2014. 63 House of Commons Debates , 41st Parl, 2nd Sess, No 188, (24 March 2015) (Rt Hon Stephen Harper), cit. in LESPERANCE, Robert L., Canada’s Military Operations against ISIS in Iraq and Syria and the Law of Armed Conflict, Canadian International Lawyer, Vol. 10, No. 2, 2015, p. 59. 64 See UN Docs S/2014/440, Letter dated 25 June 2014 from the Permanent Representative of Iraq to the United Nations addressed to the Secretary-General, 25 June 2014; and S/2014/691, Letter dated 20 September 2014 from the Permanent Representative of Iraq to the United Nations addressed to the President of the Security Council , 22 September 2014. 65 See BARRABI, Thomas, ISIS Update: Iran, Iraq Agree To Military Pact To Combat Islamic State Militants, International Business Times, 31 December 2014. 66 See BANNELIER-CHRISTAKIS, Karine, op. cit. 67 Iraq authorizes Russia to strike Islamic State inside country, Middle East Eye, 24 October 2015. 68 UN Doc. S/2015/963, Letter dated 11 December 2014 from the Permanent Representative of Iraq to the United Nations addressed to the President of the Security Council, 14 December 2015. 69 Ibidem.

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