Uluslararası Hukuk Perspektifinden Türkiye’de Geçici Koruma Altındaki Suriyelilerin Geri Dönüşü: Karşılaştırmalı Deneyimler Işığında Bir Değerlendirme
An international law perspective on the return of Syrians under temporary protection in Türkiye: an assessment based on comparative experiences

Summary/Abstract: With the collapse of the Ba’ath regime in Syria in December 2024, assessments that the fourteen-year civil war has effectively ended have once again brought the issue of the return of Syrians to the forefront, both internationally and in Turkish state discourse. This article delves into the question of return from the perspective of international law, discussing the relationship between the cessation clauses of the 1951 Refugee Convention, the principle of non-refoulement, and UNHCR’s standards of voluntariness, safety, and dignity. It further evaluates the legal limits and possibilities concerning the termination of temporary protection. Drawing on a comparative analysis of the repatriation of Bosnian refugees from Germany in the 1990s and the European Union’s temporary protection regime for Ukrainian refugees, the article highlights the legal and practical uncertainties surrounding the termination of temporary protection. The final section focuses on Türkiye’s temporary protection regime for Syrians, assessing its foundations in the geographical limitation to the 1951 Refugee Convention and domestic legislation, and analysing the legal and practical implications of this special status for return planning. The study aims to offer a critical yet constructive contribution to debates on return in Türkiye by making visible the tension between law, normative principles and state practices.

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