The two-state solution[1] for the Cyprus dispute refers to the proposed permanent division of the island of Cyprus into a Turkish Cypriot State in the north and a Greek Cypriot State in the south, as opposed to the various proposals for reunification that have been suggested since the island was split into two by the 1974 Turkish invasion. The two-state solution would entail the legalisation of the status quo, where Greek Cypriots govern the southern part of the island and Turkish Cypriots govern the northern part, the latter of which is currently not recognised by any country other than Turkey.
Recognizing the Turkish Republic of Northern Cyprus as a separate state, as required by a two-state solution, has been firmly refused by both the United Nations and the European Union. This refusal is grounded in the principles of maintaining territorial integrity and sovereignty as per international law and UN resolutions.[2] The European Union has stated that it will "never, ever" accept a two-state solution for Cyprus. This stance is consistent with the EU's principles of supporting the sovereignty and territorial integrity of its member states, which includes the Republic of Cyprus. [3]
On 14 December, 2019, Foreign Minister of Northern CyprusKudret Özersay said a two-state solution to the issue was "close to hand".[4] On 23 February, 2020, Ersin Tatar, who was then the prime minister of Northern Cyprus and was elected its president eight months later, said that "a forced marriage cannot be successful". He elaborated, "We are different, we speak Turkish and they speak Greek. We are Muslims and they are Christians. The new generation does not know each other at all. A child who was 10 in 1974 is now 55, he has grandchildren. We are separated."[5]
ICJ's 2010-Kosovo decision and its reflections on the two-state solution
The International Court of Justice (ICJ)'s 2010 Kosovo decision, which stated that international law does not prohibit declarations of independence, does not translate to a similar acceptance in the Cyprus context. The ICJ clarified that the legality of such declarations often depends on whether they are associated with unlawful use of force or other egregious violations of international law.[7]
The International Court of Justice (ICJ), without specifying whether it agrees or not on the determination of some of the relevant UNSC resolutions, declared in 2010 that "81. 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 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). In the context of Kosovo. the Security Council has never taken this position. The exceptional character of the resolutions enumerated above appears to the Court to confirm that no general prohibition against unilateral declarations of independence may be inferred from the practice of the Security Council."
Oral Observations of Harold Hongju Koh on behalf of the United States of America, rejected the argument of the Cyprus against the "legality of the unilateral declaration of independence" of Kosovo: "When Cyprus pointedly sought to analogize the 1244 process to the heart-wrenching, but misleading, case where a parent sends a small child off to state supervision, only to lose her forever, I argued that upon reflection, the far better analogy would be to acknowledge the futility of the state forcing an adult child to return to an abusive home against her will, particularly where parent and child have already long lived apart, and where repeated efforts at reconciliation have reached impasse. There, as here, declaring independence would be the only viable option, and would certainly be in accordance with law."[8][9]
Relevant Court Cases
International law contains no prohibition on declarations of independence,[10] and the recognition of a country is a political issue.[11]
On 2 July 2013, The European Court of Human Rights (ECtHR) decided that "...notwithstanding the lack of international recognition of the regime in the northern area, a de facto recognition of its acts may be rendered necessary for practical purposes. Thus the adoption by the authorities of the "TRNC" of civil, administrative or criminal law measures, and their application or enforcement within that territory, may be regarded as having a legal basis in domestic law for the purposes of the Convention".[12]
On 9 October 2014, the USA's Federal Court stated that "the TRNC purportedly operates as a democratic republic with a president, prime minister, legislature and judiciary".[13][14][15]
On 2 September 2015, ECtHR decided that "...the court system set up in the "TRNC" was to be considered to have been "established by law" with reference to the "constitutional and legal basis" on which it operated, and it has not accepted the allegation that the "TRNC" courts as a whole lacked independence and/or impartiality".[16]
On 3 February 2017, The United Kingdom's High Court stated "There was no duty in the United Kingdom law upon the Government to refrain from recognizing Northern Cyprus. The United Nations itself works with Northern Cyprus law enforcement agencies and facilitates co-operation between the two parts of the island".[17] and revealed that the co-operation between the United Kingdom police and law agencies in Northern Cyprus is legal.
Support for two-state solution
A number of observers suggest partition is the best solution to the Cyprus dispute.[18]
In general, Turkey has often expressed its support for the two-state solution as an alternative to reunification, most notably by Turkish President Recep Tayyip Erdogan during his visit to majority Turkish North Nicosia in 2014.[19] According to Greek Cypriot media, the two-state solution is pushed by Turkey in case the UN-mediated peace process fails.[20]
In December 2021, the President of Northern CyprusErsin Tatar said that there are two separate states on the island and the Turkish Cypriot side will not accept a solution on the basis of a federation and it will not step back from the new policy of two separate states, which is fully supported by Turkey.[21]
On 30 January, 2022, Turkish Cypriot president Tatar specified that the sovereign equality and the equal international status of the Turkish Cypriots are non-negotiable.[22][23][24][25]
Polls
In 2007, the Turkish Republic of Northern Cyprus performed a poll on the topic, with 60% of Turkish Cypriots supporting the idea of the two-state solution.[1] Another poll in 2009, made by KADEM research, showed 77.9% support among Turkish Cypriots with 63% casting doubt over the success of the peace negotiations.[1]
In April 2009, an opinion poll conducted for the CyBC showed that the majority of Greek Cypriots supported partition.[26]
In a 2010 opinion poll, 84% of Greek Cypriots and 70% of Turkish Cypriots agreed with the sentiment that "the other side would never accept the actual compromises and concessions that are needed for a fair and viable settlement".[27]
On 16 November, 2019, a European Social Survey poll revealed that 13.9% of Greek Cypriots were in favor of the two-state solution, while 13.7% were neither for or against it but could tolerate it if necessary. It also showed that 18% of Greek Cypriots were in favor of keeping things the same, and that 31.2% were neither for or against it but could tolerate it if necessary. The poll concluded that 49.2% of Greek Cypriots were not against the current situation, while 27.6% were not against the two-state solution.[28][unbalanced opinion?]
According to a January 2020 poll by Gezici, the two-state solution had a support rate of 81.3% among Turkish Cypriots.[29]
In an opinion poll conducted by Cypronetwork among Greek Cypriots on behalf of the Cyprus Broadcasting Corporation (CyBC) in 2022, 18% stated that the best solution to the Cyprus problem was two separate states; the same figure was 4% in May 2021.[30]
International memberships of Northern Cyprus with its official name
The concept of a two-state solution for the Cyprus dispute, suggesting a permanent division of the island into a Turkish Cypriot State in the north and a Greek Cypriot State in the south, faces significant opposition grounded in international law, potential impact on international politics, and the precedents it might set for similar conflicts worldwide.
Legal and International Law Considerations
United Nations Stance: The United Nations has consistently opposed the recognition of the Turkish Republic of Northern Cyprus (TRNC) as an independent state. This stance aligns with principles of maintaining territorial integrity and sovereignty, as enshrined in international law and various UN resolutions. The UN's focus has been on reunification based on a federal model, exemplified by initiatives like the Annan Plan, despite its rejection by Greek Cypriots in 2004.[33]
European Union's Position: The European Union has made it clear that it will "never, ever" accept a two-state solution for Cyprus. This position is in line with the EU's commitment to supporting the sovereignty and territorial integrity of its member states, including the Republic of Cyprus.[34]
International Court of Justice (ICJ) Precedents: The ICJ's 2010 Kosovo decision, which stated that international law does not prohibit declarations of independence, does not directly translate to a similar acceptance in the Cyprus context. The ICJ clarified that the legality of such declarations often depends on whether they are associated with unlawful use of force or other egregious violations of international law.[35]
Impact on International Politics and Global Precedents
Encouragement of Breakaway Republics: A two-state resolution in Cyprus might embolden separatist movements and unrecognized states worldwide, potentially leading to increased instability and conflicts. This prospect raises concerns about the erosion of international norms regarding sovereignty and territorial integrity.[36]
Shift in International Relations: Recognizing a two-state solution could fundamentally alter the approach to conflict resolution and state sovereignty in international relations, challenging the established norms that prioritize territorial integrity and peaceful settlement of disputes.[37]
Comparison with Ukraine and Crimea: Endorsing a two-state solution in Cyprus could set a concerning precedent similar to the Russian annexation of Crimea. It might be perceived as an international acceptance of territorial changes achieved through military intervention, which contravenes the principles of international law and the UN Charter.[38]
The opposition to a two-state solution in Cyprus is rooted in upholding international legal principles, maintaining global stability, and avoiding setting dangerous precedents for other international conflicts. While the division of Cyprus remains a complex issue with deep historical and socio-political roots, the international community's stance reflects a commitment to finding solutions that adhere to international law and promote long-term peace and stability.
The right of a people to self-determination is a cardinal principle in modern international law, binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It states that peoples, based on respect for the principle of equal rights and fair equality of opportunity, have the right to freely choose their sovereignty and international political status with no interference.
The Cyprus problem, also known as the Cyprus conflict, Cyprus issue, Cyprus dispute, or Cyprus question, is an ongoing dispute between the Greek Cypriot community which runs the Republic of Cyprus and the Turkish Cypriot community in the north where troops of the Republic of Turkey are deployed. The Cyprus dispute's causes stem from Greek nationalist ideology and ethnically Turkish peoples' desire for the partition of Cyprus as a means of safety and protection.
Northern Cyprus, officially the Turkish Republic of Northern Cyprus (TRNC), is a de facto state that comprises the northeastern portion of the island of Cyprus. It is recognised only by Turkey and its territory is considered by the international community to be part of the Republic of Cyprus.
Diplomatic recognition in international law is a unilateral declarative political act of a state that acknowledges an act or status of another state or government in control of a state. Recognition can be accorded either on a de facto or de jure basis. Partial recognition can occur if many sovereign states refuse to recognize an entity as a peer. Recognition can be a declaration to that effect by the recognizing government or may be implied from an act of recognition, such as entering into a treaty with the other state or making a state visit. Recognition may, but need not, have domestic and international legal consequences. If sufficient countries recognise a particular entity as a state, that state may have a right to membership in international organizations, while treaties may require all existing member countries unanimously agreeing to the admission of a new member.
The declaration of Independence of the Turkish Republic of Northern Cyprus was a unilateral declaration of independence (UDI) from the Republic of Cyprus by the Turkish Cypriot parliament on 15 November 1983.
The United Nations Peacekeeping Force in Cyprus (UNFICYP) is a United Nations peacekeeping force that was established under United Nations Security Council Resolution 186 in 1964 to prevent a recurrence of fighting following intercommunal violence between the Greek Cypriots and Turkish Cypriots, to contribute to the maintenance and restoration of law and order and to facilitate a return to normal conditions. Major General Ingrid Gjerde is the current Force Commander of UNFICYP, appointed in 2021, and preceded by Cheryl Pearce (Australia). Assistant Police Commissioner Satu Koivu (Finland) is the current Senior Police Adviser appointed in 2021.
The Turkish invasion of Cyprus began on 20 July 1974 and progressed in two phases over the following month. Taking place upon a background of intercommunal violence between Greek and Turkish Cypriots, and in response to a Greek junta-sponsored Cypriot coup d'état five days earlier, it led to the Turkish capture and occupation of the northern part of the island.
The Politics of Northern Cyprus takes place in a framework of a semi-presidential representative democratic republic, whereby the president is head of state and the prime minister is the head of government, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government and the Assembly of the Republic. The judiciary is independent of the executive and the legislature.
United Nations Security Council resolution 1244, adopted on 10 June 1999, after recalling resolutions 1160 (1998), 1199 (1998), 1203 (1998) and 1239 (1999), authorised an international civil and military presence in the Federal Republic of Yugoslavia and established the United Nations Interim Administration Mission in Kosovo (UNMIK). It followed an agreement by Yugoslav President Slobodan Milošević to terms proposed by President of Finland Martti Ahtisaari and former Prime Minister of Russia Viktor Chernomyrdin on 8 June, involving withdrawal of all Yugoslav state forces from Kosovo.
The London and Zürich Agreements for the constitution of Cyprus started with an agreement on 19 February 1959 in Lancaster House, London, between Turkey, Greece, the United Kingdom and Cypriot community leaders. On that basis, a constitution was drafted and agreed together with two prior Treaties of Alliance and Guarantee in Zürich on 11 February 1959.
The political status of Kosovo, also known as the Kosovo question, is the subject of a long-running political and territorial dispute between the Serbian government and the Government of Kosovo, stemming from the breakup of Yugoslavia (1991–92) and the ensuing Kosovo War (1998–99). In 1999, the administration of the Autonomous Province of Kosovo and Metohija was handed on an interim basis to the United Nations under the terms of UNSCR 1244 which ended the Kosovo conflict of that year. That resolution reaffirmed the territorial integrity of Serbia over Kosovo but required the UN administration to promote the establishment of 'substantial autonomy and self-government' for Kosovo pending a 'final settlement' for negotiation between the parties.
Northern Cyprus is recognised only by Turkey, a country which facilitates many of its contacts with the international community. After it was occupied by Turkey, Northern Cyprus' relations with the rest of the world were further complicated by a series of United Nations resolutions which declared its independence legally invalid. A 2004 UN Referendum on settling the Cyprus dispute was accepted by the Turkish Cypriots but rejected by the Greek Cypriots. After that, the European Union declared its intentions to assist in reducing the economic isolation of Northern Cyprus and began giving aid to the territory. However, due to pressure from Greece and the Republic of Cyprus, this aid coming from EU funds cannot be used on Greek Cypriot land and property nor on public bodies. As a result, these funds can be used only on 29 percent of people on the island of Cyprus.
The 2008 Kosovo declaration of independence, which proclaimed the Republic of Kosovo to be a state independent from Serbia, was adopted at a meeting held on 17 February 2008 by 109 out of the 120 members of the Assembly of Kosovo, including the Prime Minister of Kosovo, Hashim Thaçi, and by the President of Kosovo, Fatmir Sejdiu. It was the second declaration of independence by Kosovo's Albanian-majority political institutions; the first was proclaimed on 7 September 1990.
On 17 February 2008, the majority of members of the Assembly of Kosovo, including Hashim Thaçi, and Fatmir Sejdiu, not acting in the capacity of PISG, declared Kosovo an independent and sovereign state. Kosovo was soon recognized as a sovereign state by the United States, Turkey, Albania, Austria, Germany, Italy, France, the United Kingdom, the Republic of China (Taiwan), and others. This triggered an international debate over whether Kosovo's unilateral declaration of independence had set a precedent in international law that could apply to other separatist movements, or whether it is a special case. The recognition of Kosovo's independence by 101 out of 193 UN states, according to many sources, has given fresh impetus to other separatist movements.
Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo was a request in 2008 for an advisory opinion referred to the International Court of Justice by the United Nations General Assembly regarding the 2008 Kosovo declaration of independence. The territory of Kosovo is the subject of a dispute between Serbia and the Republic of Kosovo established by the declaration. This was the first case regarding a unilateral declaration of independence to be brought before the court.
Northern Cyprus declared its independence in 1983 with its official name being the Turkish Republic of Northern Cyprus (TRNC). It is recognized by Turkey.
United Nations Security Council resolution 550, adopted on 11 May 1984, after hearing representations from the Republic of Cyprus and reaffirming resolutions 365 (1974), 367 (1975), 541 (1983) and 544 (1983), the council condemned the illegal secessionist activities in the occupied part of the Republic of Cyprus from Turkey, in violation of the previous resolutions.
The Turkish Federated State of Cyprus (TFSC) was a state in Northern Cyprus, declared in 1975 and existed until 1983. This state was not recognised by the international community. It was succeeded by the Turkish Republic of Northern Cyprus.
Kosovo's declaration of independence from Serbia was enacted on Sunday, 17 February 2008 by a unanimous vote of the Assembly of Kosovo. All 11 representatives of the Serb minority boycotted the proceedings. International reaction was mixed, and the world community continues to be divided on the issue of the international recognition of Kosovo.
The history of the Jews in Northern Cyprus is related to the history of the Jews in Cyprus, history of the Jews in Turkey, and the history of the Jews in Greece.
References
1 2 3 Salih, Halil Ibrahim (2013). Reshaping of Cyprus: A Two-State Solution:. US: Xlibris. p.220. ISBN978-1-4797-8014-3.
↑ BBCArchived 22 May 2018 at the Wayback Machine The President of the International Court of Justice (ICJ) Hisashi Owada (2010): "International law contains no prohibition on declarations of independence."
James Ker-Lindsay (UN Secretary-General's Special Advisor on Cyprus) (April 2011). The Cyprus Problem: What Everyone Needs to Know. Oxford University Press. ISBN978-0199757152.{{cite book}}: |author= has generic name (help)
Hugo Gobbi (United Nations Secretary General's former Special Representative on Cyprus) (26 February 1996). "Partition may be the only solution". Cyprus Mail.
James Ker-Lindsay (expert advisor to UN Special Advisor on Cyprus): "As the status quo in Cyprus becomes untenable, perhaps the solution lies in a more radical option – partition." James Ker-Lindsay (3 September 2007). "The unmentionable solution – part 2". The Guardian. Retrieved 18 May 2018.
Jack Straw (UK Foreign Secretary): "Cyprus should be partitioned". Archived at Ghostarchive and the Wayback Machine : Today. BBC Radio 4. 8 November 2010.
Chaim Kaufmann, quoted in Barbara F. Walter; Jack Snydered (1999). "When All Else Fails: Evaluating Population Transfers and Partition as Solutions to Ethnic Conflict". Civil War, Insecurity, and Intervention. New York: Columbia University Press. p.248. We should not fail to separate populations in cases that have already produced large-scale violence and intense security dilemmas.
Chaim Kaufmann (22 May 2007). "An Assessment of the Partition of Cyprus". International Studies Perspectives. 8 (2): 220–221. doi:10.1111/j.1528-3585.2007.00281.x. the partition of Cyprus contributed to the settlement of violent conflict there
Cyprus Mail, 12 January 2014: "The only Plan B on offer is partition which may well be the only viable solution after all these years, but this should be made clear."
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