On January 28, 1997, Greek Cypriot protesters halted a British military exercise in a forest in north-west Cyprus because they were furious that the live-fire exercises could have started fires and damaged the environment.(1) As a result, 12 protesters were arrested and 100 soldiers were forced to wait at the edge of the Akamas forest until the early evening to continue their war game.(2) Cyprus has experienced countless tragedies and the island's conflicts have led to further struggles, hatreds, and wars. Cyprus is currently the forum for a full blooded arms race.(3)
After the Turkish Army's invasion in 1974, the island was divided into two spheres, Greek Cypriots and Turkish Cypriots, separated by a buffer zone. While there are those who believe that "the majority community"(Greek Cypriots) has sole right to govern, a popular reaction is that the crisis is not of such proportion to warrant international attention.(4)
A political adviser of the United Nations, Peter Sehmitz, recently discussed the status of the buffer zone established by the United Nations in 1974 after the Turkish occupation of the northern third of the island.(5) According to Schmitz, following the invasion, the Cyprus "government ceded to a United Nations Peace Keeping Force in Cyprus(6) full control" over the buffer zone to conduct an investigation into the hostilities. (7) In the tiny village of Pyla lies the presence of the United Nations which controls the buffer zone separating Greek Cypriot and Turkish Cypriot forces.(8) The United Nations maintains 1200 troops around the buffer zone, where there were 900 incidents reported last year, resulting in four deaths.(9) A Turkish Cypriot shot and killed three unarmed Greek Cypriots in the buffer zone in August 1996.(10) Shortly after these killings, a Turkish soldier was also killed in a border clash, which resulted in the island becoming closer to war than any time since the invasion of 1974. As discussed, the Greek Cypriots are increasing their armaments daily in anticipation of a battle with the Turkish Cypriots. The United Nations is handling this matter by enacting resolutions in an attempt to bring about peace negotiations between the divided country. Also, the country will not be able to join the European Union unless both sides reach a settlement agreement.
In order to diffuse the situation, Pyla has been deeply involved in a murder investigation which could have international legal implications and regional political repercussions.(11) The Attorney General of the Republic of Cyprus has under consideration "courses of action" which could be taken to bring the guilty parties to justice.(12) While deciding which to follow, Cyprus intends to issue international arrest warrants against the suspects, which would make it impossible for them to travel outside northern Cyprus and Turkey.(13)
In hope of finding a resolution to the constant turmoil, the United Nations Security Council, in 1991, adopted Resolution 716 which mandated that Cyprus evolve into a "bicommunal and bizonal federation," a single state comprised of two politically equal communities.(14) To this end, the result of the Security Council Resolution has yet to prove successful. Tthe United States Secretary of State, Madeleine Albright, arranged the first ever meeting between the commanders of the Greek Cypriot National Guard and the 35,000 Turkish troops stationed in the north of the island.(15) Secretary Albright discussed how President Clinton is prepared to play a more active and direct role in working towards a comprehensive solution of the Cyprus problem.(16) However, the United States is not yet ready to take the initiative in the situation and is currently in a transition period.
The London-Zurich Agreements, which are comprised of the Treaty of Guarantee, the Treaty of Alliance, and the Treaty of Establishment were established as a result of the Conference on Cyprus in 1959. Article IV(2)(17) of the Treaty of Guarantee confers upon each of the guaranteeing powers, Greece, Turkey, and the United Kingdom (collectively known as the guarantors), a unilateral right of intervention.(18) Each power reserves the "right to take action with the sole aim of re-establishing the state of affairs created by the present Treaty."(19) Turkey interpreted Article IV to claim that it had the right to invade Cyprus.(20) Regardless of whether Turkey had the right to use force during the invasion of Cyprus under Article IV, Turkey nevertheless violated the United Nations charter and r bilateral agreements.(21)
Intercommunal violence in 1964 and 1967 led the guarantors to intervene, each using the terms of the treaty as justification.(22) During Turkey's 1974 invasion of Cyprus, it again appealed to its presumed rights under the treaty.(23) Turkey's argument that Article IV gave it the right to intervene in Cyprus with the use of force is untenable for many reasons. Firstly, Article IV of the Treaty of Guarantee did not authorize "force" when it authorized "action." The Treaty does not mention the word "force."(24) Secondly, Cyprus became a member of the United Nations in 1960, and at that time all provisions of the London-Zurich Agreements in conflict with or inconsistent with the Charter of the United Nations became null and void pursuant to article 103 of the United Nations Charter.(25) If an interpretation of Article IV of the Treaty of Guarantee could justify the use of force, then Article IV is in direct conflict and inconsistent with article 103 of the United Nations Charter and, is illegal, thus void ab initio.(26)
The Treaty of Alliance exists between Cyprus, Greece, and Turkey, and has established tripartite headquarters which entail authorizing the presence of 950 Greek Cypriot troops and 650 Turkish troops on Cyprus.(27) The Treaty of Establishment recognized the independence of Cyprus, reserved two sovereign base areas that would be used by United Kingdom armed forces, committed the three guarantor powers, Greece, Turkey, and the United Kingdom, to the arbitral process for dispute resolution, and secured to all citizens the freedoms of the European Convention on Human Rights.(28)
Cyprus, from the beginning of its existence as an independent state, has been dedicated to the furtherance of the aims of the United Nations.(29) "Being a very small country, unencumbered by exclusive ties to both of the two major blocs in the cold war and having no world-wide military, political, or economic interests of its own to further, Cyprus found it possible to incorporate the United Nations and the principles of its Charter into its foreign policy."(30)
With the consent of the government of Cyprus, the Security Council recommended the creation of a United Nations peacekeeping force in Cyprus.(31) The first president of Cyprus, Archbishop Makarios, agreed to a United Nations peacekeeping force led by a British contingent, primarily because it meant avoiding NATO intervention.(32) Although any ultimate decision making was left up to the United Nations Secretary-General, the opinion of the four governments mentioned above was made relevant.(33) Countries would be allowed to participate in UNFICYP upon the condition that the four existing governments were in agreement on their membership.(34) If a country, however, was found to favor either Cyprus or Turkey they would be excluded. Finance was also a pertinent factor and explains why African and other Third World countries were excluded from UNFICYP.(35) "The UNFICYP has been composed of contingents contributed by Canada, Sweden, Finland, Denmark, Ireland, and the United Kingdom, as well as units of civilian police from Australia, New Zealand, and Austria together with an Austrian medical unit and field hospital," which were financed through voluntary contributions. UNFICYP is a successful and effective United Nations peacekeeping operation. The United Nations has assumed its role by insulating a crisis and filling a power vacuum while the processes of peacemaking are under way, with the ultimate goal of making its presence no longer necessary.(36)
United Nations Resolution 1062 was adopted by the Security Council on June 28, 1996 and has recently been renewed.(37) The Security Council has extended the mandate of the United Nations Peace-keeping Force in Cyprus in light of the prevailing conditions in the island.(38) The concern stressed by the United Nations during the debate on the resolution involved the impasse that has existed for too long concerning peace negotiations between Cyprus and Turkey. Unfortunately, there has not been any progress made in introducing measures to prohibit live ammunition or weapons along the cease-fire lines and the United Nations has been stalled in its attempt to prohibit the firing of weapons within sight or hearing of the buffer zone.(39) This resolution furthermore expresses serious concern about the continuing modernization and upgrading of military forces in Cyprus.(40) Resolution 1062 discusses many issues: it welcomes the appointment of Mr. Han Sung-Joo as the new Special Representative of the Secretary-General for Cyprus; it deplores the tragic incidents that occurred along the buffer zone; it calls for the respect of the integrity of the United Nations buffer zone, to ensure that no further incidents occur; and it recognizes the importance of Cyprus joining the European Union.(41)
In January 1997, Turkey threatened to carry out a pre-emptive military strike on any air defense system installed on Cyprus.(42) This is an example of the dangerous situation that currently exists in Cyprus.(43) Turkey, from many perspectives, seems to be drifting out of control.(44) Much of the tension lies with the Cyprus Government, whose decision to buy an air defense system from Russia can only complicate attempts to come to an agreement with the island's Turkish community.(45)
In order to bring about a long awaited peace agreement between Cyprus and Turkey, the countries must focus on reducing their military forces and concentrate on negotiations for a settlement agreement.(46) The resolutions adopted by the United Nations hopefully will help the country form a peace agreement. A possible avenue for both sides of Cyprus to initiate this change would be the prospect of accession to the European Union. This possibility would open opportunities for its economic market and other material benefits, and also a "window on a new world."(47) Unfortunately, Greece and Turkey have already exchanged threats to veto European Union and NATO expansion.(48) Also, to be a successful participant in the European Union, the Greek Cypriots and the Turkish Cypriots must come to an agreement on a bizonal, bicommunal form of government, as Resolution 716, has hoped to achieve.
1. War Game Delay, The Herald, Jan. 28, 1997, at 12, available in LEXIS, International Law Library, International Law File.
2. Id. The Akamas forest is a government controlled area west of Cyprus. The Akamas forest belongs to Cyprus, but under the Treaty of Alliance, discussed supra, the British army maintains the right to use this site for military exercises. On January 28th, however, the Greek Cypriots protested against these exercises as they claim it is endangering the environment. Id.
3. Sir David Hannay, Making Peace in Cyprus, Times of London, Oct. 25, 1996, available in 1997 WL 6528683. Approximately $1.5 million a day is being invested in military equipment in Greek Cypriots. Declan Burke Kennedy, Arms Spending Claim Worries Ankara Declan Burke Kennedy Spoke to the Turkish Ambassador About Renewed Tensions With Athens, Irish Times, Mar. 1, 1996, at 10, available in 1996 WL 9248061. "There is a greater density of modern weapons and men under arms in Cyprus than almost anywhere in the world." Id. Cyrysses Demetriades, Cyprus in International Tax Planning 409 (Kluwer Publishing, 1980). Cyprus is the biggest island in the Mediterranean, with a population of about 630,000, out of which 80 percent are Greeks, 18 percent are Turks, and 2 percent are other minorities. Id. The legal system is mainly based on English common law and generally follows English law in all business matters. Id.
4. Sir David Hannay, Making Peace In Cyprus, The Times of London, Oct. 25, 1996, available in 1997 WL 6528683.
5. Michael Jansen, European Court May Hear Cyprus Murder Case, The Irish Times, Aug. 27, 1996, at 2, available in 1996 WL 11039975.
6. Hereinafter referred to as "UNFICYP."
7. Id. UNFICYP had authority to make factual findings. Id.
8. Michael Jansen, European Court May Hear Cyprus Murder Case, Irish Times, Aug. 27, 1996, at 2, available in 1996 WL 11039975.
9. Andreas Hadjipapas, Greek Cypriots Buy Russian Missiles, Financial Times, Jan. 6, 1997, at 2, available in LEXIS, International Law Library, International Law File.
10. Malcolm Rifkind, Rifkind Urges Cypriots to Make Peace, Daily Telegraph, Dec. 17, 1996, at 12, available in LEXIS, International Law Library, International Law File.
11. Michael Jansen, European Court May Hear Cyprus Murder Case, Irish Times, Aug. 27, 1996, at 2, available in 1996 WL 11039975.
12. Id.
13. Id.
14. Tony Barber, Europe's Coming War Over Cyprus, Independent, Jan. 23, 1997, at 16, available in LEXIS, International Law Library, International Law File.
15. Michael Jansen, United States Sets Up Meetings To Reduce Risk of Clash, Irish Times, July 19, 1996, at 8, available in 1996 WL 11033774.
16. Id.
17. S. Res. 1897, 93rd Cong., 2d Sess., 120 Cong Rec. 31, 923 (1974). 120 Cong. Rec. 32,439-40 (9174). 120 Cong. Rec. 32,948 ( 1974).
18. See Restatement (Third) of the Law of For. Rel. §102 (1987).
19. Id. The United Kingdom during the Cyprus crisis of 1963-64, interpreted article IV(2) as conferring "[a] right of intervention [for the purpose of re-establishing the state of affairs], and for this purpose alone . . . ." 19 U.N. SCOR (1098th mtg.) at 11, U.N. Doc. S/PV. 1098 (1964). When the Greek representative was asked whether this article gives Greece the right to intervene militarily and unilaterally without the authorization of the Security Council, he responded "no." The Foreign Minister of Cyprus stated that he believed that Turkey interpreted the Treaty "as giving it the right of unilateral military intervention . . . ." 19 U.N. SCOR (1098th mtg.) at 16, U.N. Doc. S/PV. 1098 (1964). The Foreign Minister of Cyprus went on, however, to dispute that the treaty should be interpreted so as to be consistent with the U.N. Charter, specifically, articles 103 and 2(4) of the latter instrument. "The United Nations Security Council, however, took no position on the question." See Resolution Concerning the Situation in Cyprus, 19. U.N. SCOR, Supp. (Jan-Mar. 1964) at 102-03, U.N. Doc. S/5575 (1964). The Council merely "considered" the positions taken by the parties to the Treaty of Guarantee and called upon all Member States " to refrain from any action or threat of action likely to worsen the situation in the sovereign Republic of Cyprus, or to endanger international peace . . . ." Id. at 103, para. 1. The resolution went on to recommend and adopt UNFICYP. Id. at 103, para 4.
20. Eugene T. Rossides, Cyprus and the Rule of Law, 17 Syracuse J. Int'l L. & Com. 21, 55 (1991).
21. Id. The United Nations Charter does not allow an exception under the Treaty of Guarantee.
22. James H. Wolfe, Cyprus: International Law and the Prospects For Settlement, 78 Am. Soc'y Int'l L. Proc. 107, 108, (1986).
23. Id. Before continuing, it must be clearly stated that the Foreign Assistance Act of 1961 and the Foreign Military Sales Act of 1961 are not subject to the Treaty of Guarantee. Id.
24. Eugene T. Rossides, Cyprus and the Rule of Law, 17 Syracuse J. Int'l L. & Com. 21, 56 (1991). Article 103 states: "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 obligations under the present Charter shall prevail." Id.
25. Id.
26. Id.
27. Id. at 55. Both contingents were to serve under one headquarters, but in fact they functioned as extensions of the foreign policies of their governments. 78 Am. Soc'y Int'l L. Proc. 107, 108. Notwithstanding a denunciation in 1964 by the Government of Cyprus, the treaty remains in force today.
28. Id. The two sovereign base areas consist of ninety-nine square miles and are retained by Britain to be used for military purposes (known as the Sovereign Base Areas). 17 Syracuse J. Int'l L. & Com. 21, 55.
29. Andreas Jacovides, A View From Within: The Role of the Small States and the Cyprus Experience, International Organization, Law in Movement 79, (Oxford University Press, 1974).
30. Id.
31. Id. "The composition and size of the Force was to be established by the Secretary-General in agreement with the governments of Cyprus, Greece, Turkey, and the United Kingdom." Id. at 90. The Secretary-General was to keep the governments fully informed and to report to the Security Council on its operations. Id. UNFICYP began in 1964 and currently consists of 1, 171 troops and support personnel, and 35 civilian police officers. Id.
32. Nitza Nachmias, The Role of the Secretary-General in the Israeli-Arab and the Cyprus Dispute, in The Challenging Role of the UN Secretary-General 118 (Benjamin Rivlin and Leon Gordenker, eds., 1993)
33. Id.
34. Supra note 29, at 79.
35. Id.
36. Id. at 98.
37. Cyprus and the World, Cyprus and the European Union, (visited Jan. 1997) <http://www.un.org/plwebcgi/idoc.pl?171+u...ee_user_+www.un.org..80+un+un+scres+scres>.
38. Id.
39. Id.
40. Id. Cyprus has brought the world to nuclear confrontation. Tony barber, Europe's Coming War Over Cyprus, Independent, Jan. 23, 1997, at 16, available in LEXIS, International Law Library, International Law File. Along with the advances Russian-aircraft missiles system that Greek Cypriots are purchasing, they are also planning to buy Chinese Scud missiles, on top of the Russian, French, and Greek tanks it has already purchased. Malcolm Rifkind, Rifkind Urges Cypriots to Make Peace, Daily Telegraph, Dec. 17, 1996, at 12, available in LEXIS, International Law Library, International Law File.
41. Id.
42. Athens and Ankara, The Times, Jan. 13, 1997, available in LEXIS, International Law Library, International Law File.
43. Id.
44. Id. The Pentagon's relation with Turkey is breaking down and Turkey no longer is a dependable NATO ally. Id.
45. Id.
46. Sir David Hannay, Making Peace in Cyprus, The Times of London, Oct. 25, 1996, available in 1997 WL 6528683.
47. Chris Drake, et al., Cypriot Suspicions Greet Rifkind Islanders Dismiss Minister's Brief Peace Mission as Electioneering, The Guardian, Dec. 16, 1996, available in 1996 WL 133392905.
48. Russia Hosts EU Talks, Financial Times, Mar. 3, 1997, available in LEXIS, UK Library, UK Paper File.