kimon07 wrote:Panicos UK wrote:There has been some fierce debate on this issue. I always thought that it was, however some on this forum disagree. I'm interested to see what others think. All the best, Panicos
In simple terms, treaties are valid and binding only for as long as the parties which have signed them respect them and abide by their terms.
Usually, treaties (even private agreements) become null and void if one or more of the parties involved either denounce them or violate them intentionally, the violation is not instantaneous but continuous and the party having violated denies to correct (lift) the results of the violation. Usually, most treaties provide that in the event of such violations by one party, the others will be entitled to denounce them immediately or to set a term for correction and warn that they will denounce the treaty and withdraw from it if correction does not take place. However, it is not necessary for the other parties to set a term and to denounce the treaty in order for it to become null and void, in the event that the overall conditions of the violation and the overall behavior of the violator, makes it clear that the violation is intentional and permanent.
In the event of Cyprus the treaty was violated instantaneously by Greece because Greek Military aided the National Guard to stage the 1974 coup. However, this violation was lifted soon as the junta collapsed both in Greece and in Cyprus and thus the “Greek intervention” was lifted.
Further, the treaty was violated intentionally and permanently by Turkey which invaded (with the consent of Britain and the USA)
not in order to restore the “status quo ante” of the RoC but with the intention to stay
and to partition and to ethnically cleanse the North of the island. The denial of Turkey to withdraw and to restore the results of the invasion annulled the treaty for good. Here we must add the numerous other intentional violations of the treaty by Turkey such as the ethnic cleansing, the issue of the properties, the issue of the settlers, the killings of civilians and mainly
THE NON RECOGNITION of the entity which Turkey supposedly came to “save”, i.e., the RoC. This latter behavior of Turkey is a clear indication that Turkey is not only insisting on the results of the violation but it has also, practically,
DENOUNCED the treaty by declaring repeatedly that it does not recognize the RoC, which the treaty was supposed to be protecting. So, under the light of this latter point one can say that Turkey invaded in order NOT TO ENFORCE the treaty (which would mean protection of the RoC) but
in order TO VIOLATE it, by demolishing the RoC.
The treaty was also violated and is still being intentionally and permanently violated by Britain which supported the Turkish invasion in 1974 although they knew that the Turks intended to stay and to partition the island. Additionally, Britain, keeps violating the treaty continuously since 1974 by supporting and promoting wholeheartedly the partition and ethnic cleansing practices and aims of the Turks on the island and even by supporting and promoting “solutions” (such as the Annan Plan) which will legitimize the partition, the illegal occupation and the ethnic cleansing results of the invasion (violation).
Conclusion:Yes, according to my opinion, the treaty was valid till the day of the invasion. But it has been dead and buried ever since because Turkey and Britain, in practice, expressed their intention to permanently violate it and to not abide by its terms which is equal to withdrawal from it.