Cyprus-Forum.com

[boulio]

Serbia and Kosovo Today started there proccedings at the ICJ Concerning Kosovo decleration of independence and Serbia arguing its illegallity.Why has Turkey and the t/c not have taken the ROC all these years to the court.A favourably ruling would have hepled there cause.They could have argued about the so called genocide of the t/c,the so called embargoes, the illegaliity of the ROC because it does not represent them etc etc.

http://news.bbc.co.uk/2/hi/europe/8387631.stm

[Viewpoint]

This viewpoint will flourish once the talks breakdown or the GCs reject another referendum.

[boulio]

i dont think it will flourish if the g/c democratically reject a solution they think does not benefit them.As for talks breaking down that is one thing but again i dont see anything happening.Talks have been going on since 1968 and nothing has happened.If Turkey and the t/c dont or cant present a case things stay as they are.I really think that t/c arguing for there rights in the republic is the way to go,however at the same time they need to get what is theirs(rights) and give what is not(land).

[Oracle]

This viewpoint will flourish once the talks breakdown or the GCs reject another referendum.

Because after 35 years, your reactions still depend on what the GCs do and say! Reflect on that whilst the GCs' court cases against you accelerate the justice which will throw you all out.

[Viewpoint]

i dont think it will flourish if the g/c democratically reject a solution they think does not benefit them.As for talks breaking down that is one thing but again i dont see anything happening.Talks have been going on since 1968 and nothing has happened.If Turkey and the t/c dont or cant present a case things stay as they are.I really think that t/c arguing for there rights in the republic is the way to go,however at the same time they need to get what is theirs(rights) and give what is not(land).

When all other avenues have been exausted which they will be after another failure court cases will be the next trend towards the tit for tat mindset of both sides.

[Malapapa]

i dont think it will flourish if the g/c democratically reject a solution they think does not benefit them.As for talks breaking down that is one thing but again i dont see anything happening.Talks have been going on since 1968 and nothing has happened.If Turkey and the t/c dont or cant present a case things stay as they are.I really think that t/c arguing for there rights in the republic is the way to go,however at the same time they need to get what is theirs(rights) and give what is not(land).

When all other avenues have been exausted which they will be after another failure court cases will be the next trend towards the tit for tat mindset of both sides.

Stop fucking around. If you have a case, go for it. Cypriots on either side aren't going to secure justice any other way while Turkey has its claws in Cyprus.

[SKI-preo]

How can you be critical of someone's right to pursue their grievance through Courts of Justice. I consider that people who think that human rights litigation hampers "a solution" are the same people who do not respect the rule of law and think that human rights can take a back seat to political expediency. Screw that. The proof is in the pudding.What has diplomacy achieved? Now compare that to what we have achieved in Human rights Courts.
Horse trading human rigths through "settlement negotiations"---Koulouri (0)
Successful verdicts in European Court of Human Rights--- $$Millions of Euro$$.

Money talks "negotiating on HUman rights" walks

[Acikgoz]

SKI-preo, litigation is litigation.

Why is it that people for CENTURIES have hated lawyers?

Shakespear's Henry VI "the first thing we do is kill all the lawyers"

Law is man made and holds the essence of man, it can be noble or it can be base.

Human rights and legal, in the case of Cyprus, are not interchangeable.

[CopperLine]

SKI-preo, litigation is litigation.

Why is it that people for CENTURIES have hated lawyers?

Shakespear's Henry VI "the first thing we do is kill all the lawyers"

Law is man made and holds the essence of man, it can be noble or it can be base.

Human rights and legal, in the case of Cyprus, are not interchangeable.

Excellent Acikgoz. Spot on.

Aside from this there is a straightforward procedural answer to the thread question "T/C why have they not pursude[sic] the ICJ"

The ICJ or colloquially known as the 'World Court', is an organ of the United Nations whose remit is to adjudicate in inter-state disputes and to give advisory opinions when requested to do so by various agencies and organs of the UN. To the extent that it is an organ of the UN it is by definition a created and defined by inter-state agreement. In turn its jurisidiction (and related jurisprudence) is limited to state parties. Individuals cannot petition the ICJ, nor can groups of people or NGOs or private companies or even international organisations : only the UN and state parties can submit cases.

Therefore TCs cannot 'pursue the ICJ' anymore than GCs or Romany or Australian aboriginals. None are state parties or UN agencies/organs. On this island only the Republic of Cyprus, as the recognised state, has the option of 'pursuing the ICJ'.

People have mentioned the case of Kosovo as a precedent perhaps for TRNC to submit a case or ask for an ICJ advisory opinion. For good or bad, the comparison is misleading. Kosovo, despite recognition by some 60+ states, did not initiate this ICJ case. Quite the contrary, this advisory opinion was requested by Ban Ki-Moon, in his capacity as Secretary-General of the UN and following a request originating in the UN General Assembly in Sept (?) last year, 2008. In turn, it is my understanding that the government of Serbia - a state member of the UN - sought to push for an advisory opinion. The ICJ is currently considering this question : “Is the unilateral declaration of independence by the Provisional Instiutions of Self-Government of Kosovo in accordance with international law ?” It doesn't take much thought to appreciate the significance of this opinion for northern Cyprus even if TCs couldn't formally ask the ICJ themselves.

See http://www.icj-cij.org/docket/index.php?p1=3&p2=4&code=kos&case=141&k=21 for current details of the Kosovo hearings at the ICJ

[boulio]

Ok so "TRNC"cannot bring a case against the ROC IN THE ICJ.