US can sanction Turkish-backed armed groups in Syria over war crimes

Meghan Bodette

A recent report from the Department of Defense Lead Inspector General stated that the United States has the authority to sanction Turkish-backed Syrian National Army (SNA) groups that have committed human rights abuses— a move that would put pressure on Turkey to cut off support, and constitute a concrete and unequivocal condemnation of human rights violations in the occupied areas.

“The United States has not sanctioned any TSOs [Turkish-backed armed groups] in response [to allegations of war crimes], although the Executive Order on Syria-related Sanctions provides authority to do so if certain criteria are met,” the report said.

The specific sanctions authority cited in that report is Executive Order 13894, entitled “Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Syria.” This order was issued by U.S. President Donald Trump on October 14th, 2019, just days after Turkey launched an unprovoked attack on the Syrian Democratic Forces.

The order was issued to target Turkish agencies and officials involved in the invasion and occupation of Sere Kaniye and Tel Abyad. The Turkish Ministers of Defense, Energy, and Interior were all sanctioned immediately.

Sanctions implemented under that authority were lifted in just over a week after a ceasefire agreement was negotiated and agreed to on October 17th, 2019.

However, the executive order itself remains in place, and its range of possible applications is much broader than the specific individuals and institutions it was first used against. As the Office of the Inspector General report notes, it could be used against armed groups supported by Turkey that have committed war crimes in Syria.

While no foreign country can fully stop Turkish support for its Syrian proxy groups, sanctioning these groups would be a clear signal that these groups are not seen as deserving of international support. Other states and organizations could potentially question why Turkey was supporting US-sanctioned entities.

Depending on the extent of sanctions applied and the degree to which the U.S. government is interested in enforcing them, sanctions on armed groups could open the door for similar action against Turkish officials and institutions that support and enable them.

It is nearly impossible for Turkish officials to be unaware of violations committed by the militias they supervise. In some cases – as with Erdogan’s open endorsement of forced demographic change in Afrin – they have encouraged these crimes. If SNA groups are found to be committing atrocities deserving of sanctions, the individuals and organizations overseeing them may warrant action as well. 

It would also serve as a full condemnation of the wide array of abuses committed by the groups. Many SNA factions are responsible for a variety of well-documented war crimes, from kidnappings and disappearances to extrajudicial killings to widespread looting and destruction of property. These occur on a near-daily basis; the Violations Documentation Center in Northern Syria reported that, in the month of August alone, over 100 kidnappings occurred in occupied Afrin alone.

Governments and international organizations do not regularly condemn these crimes. Even particularly heinous abuses, like the murder and videotaped mutilation of Hevrin Khalaf, have not been formally condemned by the U.S. government. Sanctioning SNA groups responsible for the most severe abuses would make it clear that the United States is aware of their behavior -and firmly opposed to it.

The degree to which armed groups active in occupied areas of northern Syria depend on Turkey makes it difficult for other actors to influence their behavior. Ultimately, there can be no justice for the scope and scale of atrocities committed until Turkish-backed forces withdraw completely and the population of the occupied areas can return to their homes. Yet sanctions against SNA militias implicated in egregious war crimes would be a clear and actionable starting point for accountability.