to confuse you even further Turkey had no right for millitary intervention under the Treaty. The permanent representative of Cyprus to the UN put it very well when he stated.
The Turkish Forces’ presence on the island does not stem from the 1960 Treaty of Guarantee and that of the Treaty of Alliance. Initially, a contingent of 650 Turkish troops was stationed in Cyprus under the latter Treaty. In April 1964, Turkey was formally notified of her major breach of that Treaty. As to the Treaty of Guarantee, the Republic of Turkey has claimed to rely on its article IV in order to justify its 1974 invasion and continuing occupation of 36.49 per cent of the island’s territory. Article IV of the Treaty of Guarantee does not, however, grant any right of armed military intervention to the guaranteeing powers. If we were to assume that by the term “take action” the guarantors had in mind military action, then the treaty they concluded is contrary to Article 2, paragraph 4, of the Charter of the United Nations. Further, Article 103 of the Charter provides that in the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligation under the present Charter shall prevail. Hence the guarantors, even if we assume that under the Treaty of Guarantee they had in mind military action, had a duty to refrain from such action since military action is prohibited by Article 2, paragraph 4, of the Charter. The Treaty of Guarantee, in accordance with the second paragraph of its article V, was deposited with the Secretariat of the United Nations by virtue of Article 102 of the Charter and is governed by its provisions. Even if we assume that the Treaty constitutes a regional arrangement within the meaning of Chapter VIII of the Charter, it is impossible for the provisions of Article 53 of the Charter to be overlooked, in accordance with which no enforcement measures can be taken without the authorization of the Security Council. And even if Article IV of the Treaty of Guarantee grants to one of the guaranteeing Powers the right of taking military measures, in the present case the prerequisites of its application did not exist. By invading Cyprus on 20 July 1974 and sending further forces thereafter, the Republic of Turkey is also in breach of the Treaty of Guarantee. It cannot lawfully claim to rely on those Treaties for the presence of Turkish Forces in Cyprus. I draw attention, in this respect, to the Security Council’s call in its resolution 367 (1975), paragraph 4, for the urgent and effective implementation of all parts and provisions of General Assembly resolution 3212 (XXIX), in paragraph 2 of which the Assembly urged the speedy withdrawal of all foreign armed forces and foreign military presence and personnel from the Republic of Cyprus and the cessation of all foreign interference in its affairs.
