Cyprus-Forum.com

[Demonax]

Because the Kosovo example keeps getting raised by some Turkish Cypriots as ‘evidence’ that the 'trnc' might someday be recognised as an independent entity, I wanted to just clarify the situation once and for all.

Here is the international legal situation as summed up by James Ker-Lindsay:

Unlike the Kosovo UDI, the Turkish Cypriot declaration of independence was formally condemned by the United Nations Security Council (Resolution 541), which has called on countries not to recognise the TRNC. Similarly, even the International Court of Justice (ICJ) advisory opinion on Kosovo, in July 2010, reaffirmed that the Turkish Cypriot declaration of independence was contrary to international law.

Here is a full account of the International Court of Justice (ICJ) advisory opinion on Kosovo and Cyprus from 2010:

The Court clearly noted, and thereby again reaffirmed, the illegality of the 1983 Turkish Cypriot declaration of independence as determined by the UN Security Council. Paragraph 81 of the advisory opinion states:

Several participants have invoked resolutions of the Security Council condemning particular declarations of independence: see, inter alia, Security Council resolutions 216 (1965) and 217 (1965), concerning Southern Rhodesia; Security Council resolution 541 (1983), concerning northern Cyprus; and Security Council resolution 787 (1992), concerning the Republika Srpska…The Court notes, however, that in all of those instances the Security Council was making a determination as regards the concrete situation existing at the time that those declarations of independence were made; the *illegality* [My emphasis] attached to the declarations of independence thus stemmed not from the unilateral character of these declarations as such, but from the fact that they were, or would have been, connected with the unlawful use of force or other egregious violations of norms of general international law, in particular those of a peremptory character (jus cogens).

Also, paragraph 114 notes:

In this regard the Court notes that contemporaneous practice of the Security Council shows that in situations where the Security Council has decided to establish restrictive conditions for the permanent status of a territory, those conditions are specified in the relevant resolution. For example, although the factual circumstances differed from the situation in Kosovo, only 19 days after the adoption of resolution 1244 (1999), the Security Council, in its resolution 1251 of 29 June 1999, reaffirmed its position that a “Cyprus settlement must be based on a State of Cyprus with a single sovereignty and international personality and a single citizenship, with its independence and territorial integrity safeguarded” (para. 11). The Security Council thus set out the specific conditions relating to the permanent status of Cyprus.

In other words, the permanent existence of the TRNC is contrary to the stated will of the Security Council as regards a final settlement in Cyprus (unless of course the Greek Cypriots agree to it being so and secure a resolution to this effect).

There is also the separate question of whether Cyprus should recognise Kosovo. Ker-Lindsay notes that Cyprus has recently made diplomatic contact with Kosovo and is even considering, along with Greece, in joining international recognition of Kosovo.

This is for two reasons: firstly by recognising Kosovo, Cyprus is expressing confidence that there is no connection between the situation of the Turkish-occupied north and Kosovo.

As Ker-Lindsay states: By recognising Kosovo, Cyprus – like other countries that face a secessionist threat, but have chosen to recognise Kosovo, such as Canada – would in fact be sending a very clear message that it sees no link between the Kosovo situation and its own.

Secondly, Cyprus would receive international ‘payback’ for establishing relations with Kosovo: This payback would be international support for a Cyprus solution nearer to its terms:

With new UN-sponsored Cyprus reunification talks on the horizon, a decision to recognise Kosovo could well bring some important payback at a crucial time.

There is a good case to be made for Cyprus pressing ahead with full recognition of Kosovo’s independence

[boulio]

That's why when bagis and davatoglu shout off there mouths about tawainization of the north I sometimes wonder if they just say things for the sake of saying them.eVey region of conflict is different from cyprus to Kosovo to Taiwan to Transnistria to South Ossetia and ach one is its own case.IT turkey could have made the north Taiwan they would have already.

[Lordo]

terkey wants nothing other than take over the whole of cyprus. they already have half and the other half will be bought with tl sooner or later.

[bill cobbett]

Because the Kosovo example keeps getting raised by some Turkish Cypriots as ‘evidence’ that the 'trnc' might someday be recognised as an independent entity, I wanted to just clarify the situation once and for all.

Here is the international legal situation as summed up by James Ker-Lindsay:

Unlike the Kosovo UDI, the Turkish Cypriot declaration of independence was formally condemned by the United Nations Security Council (Resolution 541), which has called on countries not to recognise the TRNC. Similarly, even the International Court of Justice (ICJ) advisory opinion on Kosovo, in July 2010, reaffirmed that the Turkish Cypriot declaration of independence was contrary to international law.

Here is a full account of the International Court of Justice (ICJ) advisory opinion on Kosovo and Cyprus from 2010:

The Court clearly noted, and thereby again reaffirmed, the illegality of the 1983 Turkish Cypriot declaration of independence as determined by the UN Security Council. Paragraph 81 of the advisory opinion states:

Several participants have invoked resolutions of the Security Council condemning particular declarations of independence: see, inter alia, Security Council resolutions 216 (1965) and 217 (1965), concerning Southern Rhodesia; Security Council resolution 541 (1983), concerning northern Cyprus; and Security Council resolution 787 (1992), concerning the Republika Srpska…The Court notes, however, that in all of those instances the Security Council was making a determination as regards the concrete situation existing at the time that those declarations of independence were made; the *illegality* [My emphasis] attached to the declarations of independence thus stemmed not from the unilateral character of these declarations as such, but from the fact that they were, or would have been, connected with the unlawful use of force or other egregious violations of norms of general international law, in particular those of a peremptory character (jus cogens).

Also, paragraph 114 notes:

In this regard the Court notes that contemporaneous practice of the Security Council shows that in situations where the Security Council has decided to establish restrictive conditions for the permanent status of a territory, those conditions are specified in the relevant resolution. For example, although the factual circumstances differed from the situation in Kosovo, only 19 days after the adoption of resolution 1244 (1999), the Security Council, in its resolution 1251 of 29 June 1999, reaffirmed its position that a “Cyprus settlement must be based on a State of Cyprus with a single sovereignty and international personality and a single citizenship, with its independence and territorial integrity safeguarded” (para. 11). The Security Council thus set out the specific conditions relating to the permanent status of Cyprus.

In other words, the permanent existence of the TRNC is contrary to the stated will of the Security Council as regards a final settlement in Cyprus (unless of course the Greek Cypriots agree to it being so and secure a resolution to this effect).

There is also the separate question of whether Cyprus should recognise Kosovo. Ker-Lindsay notes that Cyprus has recently made diplomatic contact with Kosovo and is even considering, along with Greece, in joining international recognition of Kosovo.

This is for two reasons: firstly by recognising Kosovo, Cyprus is expressing confidence that there is no connection between the situation of the Turkish-occupied north and Kosovo.

As Ker-Lindsay states: By recognising Kosovo, Cyprus – like other countries that face a secessionist threat, but have chosen to recognise Kosovo, such as Canada – would in fact be sending a very clear message that it sees no link between the Kosovo situation and its own.

Secondly, Cyprus would receive international ‘payback’ for establishing relations with Kosovo: This payback would be international support for a Cyprus solution nearer to its terms:

With new UN-sponsored Cyprus reunification talks on the horizon, a decision to recognise Kosovo could well bring some important payback at a crucial time.

There is a good case to be made for Cyprus pressing ahead with full recognition of Kosovo’s independence

First rate post on Kosovo and CY.

Clear, simple and brief whilst still being definitive and authoritative.

Naturally the Mushrooms like Mr H and Shitto won't like it, given the "trnc" manure they so like chewing.

[Lordo]

you boys let this chance go by and then you will be in for a shock charluimu

[Demonax]

First rate post on Kosovo and CY.

Clear, simple and brief whilst still being definitive and authoritative.

Naturally the Mushrooms like Mr H and Shitto won't like it, given the "trnc" manure they so like chewing.

That's true. No matter how clearly you set out the reasons why the 'trnc' can never be recognised, and how the example of Kosovo is completely different to that of occupied northern Cyprus, you will always have someone who thinks that recognition of states doesn't occur through the UN Security Council and UN resolutions but through some magic fairy...

[Lordo]

does it matter - you boys know exactly what to do with yourselves.

[bill cobbett]

does it matter - you boys know exactly what to do with yourselves.

Would you like a squeeze of lemon on your manure, Farto...???

[Get Real!]

I've been telling you this for years now.

[Lordo]

up yours cahrluimmu and some more, you will enjoy it right.