bill cobbett wrote:Yes, the plaintiffs do recognise the limitations as per CL's opinion above and so are confining the action to the single matter of the Illegal Settlers, those allowed or encouraged in, post the Republic's ratification of the treaty.
A pretty focused action which presumably Musty and Bello would support.
The trouble with that, Bill, is that they'd have to show that there was indeed a
policy of bringing in illegal settlers (post-2002) rather than, say, illegal immigrants coming in and settling AND to show that identifiable others (as defined under the Rome Statute), eg GCs, Maronites, other ethnic or religious groups, etc, were being harmed to the degrees classified in the Rome Statute. further they'd actually have to name and identify those people who implemented the policy. There's no doubt that there are many illegal immigrants in northern Cyprus - that is illegal by RoC law - but this has been the result in the 2000s of a permissive rather than an active policy. Anyway, none of that amounts to war crimes etc under ICC.
For example, let's say a Kurd from Turkey came to northern Cyprus in 2005 and took over a house that had once been inhabited and still remained the property of a GC. Suppose, further, that the GC owner had lived in the south/RoC since being expelled from their northern property in 1974. No ICC war crime has been committed. Let's multiply that scenario a thousand times, still no war crime has been committed. Why ? Because (a) no policy has been shown, and more importantly in this example (b) the harm suffered by the GCs did not arise from the 2005 immigration, it arose from the 1974 invasion.
And frankly in the scale of crimes that the ICC is dealing with and with cases stacking up, the illegal settler issue in Cyprus doesn't even register a blip. Over one million people killed in DRC as we speak. Even the ICC prosecution of Kenyan war criminals - bodies literally piling up - have been suspended due to little likelihood of successful conviction.
There are other more effective ways (or should I say, less ineffective ways) of dealing with this issue.