2 Against the Law: Turkey’s Annexation Efforts in Occupied Cyprus

Ilias Kouskouvelis* and Kalliopi Chainoglou**

Abstract

The article considers the legal aspects of Turkey’s activities in the occu- pied territory of Cyprus and claims that Turkey has violated its obliga- tions under public international law. The article critically assesses the (il) legality of economic and other activities such as the construction of the electricity and water-pipeline projects that Turkey has been carrying out in the occupied territory while providing the “Turkish Republic of North- ern Cyprus” (“TRNC”) with political, financial, and military support over the past 40 years. For this purpose, the article establishes first that the “TRNC” is a non-existent entity under international law. Secondly, it af- firms Turkey’s status in the occupied territory of the Republic of Cyprus as one of a belligerent occupying power, violating specific obligations of international law. Thirdly, it examines the validity of the delimitation agreement between the “TRNC” and Turkey, and the agreements for the construction of the underwater pipeline and the electricity supply lines. Finally, the article asserts the rights of the occupied sovereign State, the Republic of Cyprus, under general public international law, international humanitarian law, occupation law, and the law of the sea.

* Professor of International Relations, Department of International and European Studies, University of Macedonia; Dean of the School of Social Sciences, Humani- ties and Arts; Director of the “International Relations and European Integration Research Laboratory”; Chair-Holder of “Thucydides – The Hellenic National De- fense General Staff Chair in Strategic Studies”; Former Rector of the University of Macedonia. ** Assistant Professor of International Law and International Institutions, Depart- ment of International and European Studies, University of Macedonia; Visiting Research Fellow, Centre on Human Rights in Conflict, University of East London.

Jure Vidmar, Ruth Kok, et al. (eds.), Hague Yearbook of International Law 2016. © 2018 Koninklijke Brill nv. isbn 978-90-04-39361-5. pp. 55-102. 56 2 – Kouskouvelis and Chainoglou

1 Historical and Factual Background

In 1974, Turkey invaded the territory of the Republic of Cyprus (‘RoC’), thus violating Article 2(4) of the United Nations (‘UN’) Charter1 and mak- ing it illegal under international law. The invasion resulted in the forcible expulsion by Turkey of 180,000 Greek-Cypriots from the north of Cyprus and the partitioning of the island. The presence of a large force of Turkish occupation troops in the north led to a unilateral declaration of inde- pendence, in 1983, in an attempt to set up illegally the “Turkish Republic of Northern Cyprus” (‘“TRNC’”). Since then and with the aim of strength- ening its control of the RoC’s occupied territory, Turkey has systemati- cally provided the “TRNC” with political, financial and military support. The relationship that Turkey has enforced on the “TRNC” has been de- scribed as one of “infant-land”, as part or as an extension of the “moth- erland” Turkey or an “overseas province” of Turkey.2 The economy of the “TRNC” is aid-dependent, relying heavily on annual cash handouts from Turkey, with the direct financial aid reaching $US 1.2 billion in the pe- riod 2016-2018.3 Turkey’s policy to dominate and control the occupied

1 United Nations, Charter of the United Nations, 24 October 1945, 1 UNTS XVI. 2 See U. Bozkurt, ‘Turkey: From the ‘Motherland’ to the ‘IMF of Northern Cyprus’?’, 26:1 The Cyprus Review (2014) p.84 where it is explained how the economic de- pendence of the TRNC on Turkey is such that the latter has even imposed auster- ity programmes on the occupied territory. Bozkurt states: “[i]n its quest to tame the ‘cumbersome’ state in the “TRNC”, Turkey imposed economic programmes that included austerity measures, slashing salaries and the privatisation of state enterprises”. Political dependence was again demonstrated when, following the failed military coup, the AKP Turkish government issued arrest warrants against dissidents of the Erdogan government or anyone allegedly connected to the Fet- tulah Gulen movement in the occupied territory. See T. Gumrukcu, ‘Turkey Issues Arrest Warrants for 25 Soldiers in Post-Coup Probe – Sources’, Reuters, 12 October 2017, , visited on 12 July 2018. 3 The “TRNC’s” sole reliance on Turkey is admitted even by Turkish-Cypriot and Turkish politicians. In his written evidence to the UK Parliament Select Commit- tee on Foreign Affairs, An states that: “Bulent Akarcali, Deputy President of the mainland Turkish party ANAP, was quoted by Yeni Demokrat (2 September 2001) as saying that: “Today the “TRNC” is a republic only on paper. The money, everything goes there from Turkey. Even the Turkish ambassador cannot do anything with- out the permission of the military commander there. All the large investments in Northern Cyprus are given to tenders, directly in Ankara. This means that Northern Cyprus is governed like a province of Turkey. It is foolish and wrong to think that the Greek Cypriots, the Greeks and other members of the EU do not know this.