Escolar Documentos
Profissional Documentos
Cultura Documentos
v.
Communication
to the Prosecutor of the International Criminal Court
regarding the situation in Occupied Cyprus
_______________
1
TABLE OF CONTENT
1.
Introduction.......2
2.
3.
4.
5.
5(a). Turkey and the individuals identified below have transferred Turkish civilian
population to the territory of Cyprus continuously since
1974....................................
18
5(a)iv. Turkeys support for public and private sectors in the areas of Cyprus which it
occupies is a modality of
occupation...
21
5(b). Turkeys conduct takes place in the context of and is associated with an
international armed conflict..
..
22
5(c). Turkey and its officials are aware of the aware of factual circumstances that
established the existence of an armed
conflict...
24
6.
Obligation
of
the
invenstigation.............
prosecutor
to
initiate
an
24
6(a).
6(b).
Gravity
of
the
Conduct. 12
6(c).
preliminary
investigation
is
in
the
interests
of
justice. 03
7.
CONCLUSION
02
COMMUNICATION
of MEP COSTAS MARVIDES and CYPRIOTS AGAINST WAR CRIMES
[hereinafter THE COMPLAINANTS] with respect to the situation in the Republic
of Cyprus (hereinafter Cyprus), requesting that the Prosecutor of the
International Criminal Court, pursuant to Article 15 of the Rome Statute 1, initiate
an investigation into the crimes committed within the Courts jurisdiction,
arising from the continued civilian displacement, ethnic cleansing, and
settlement activity of the Government of the Republic of Turkey (hereinafter
Turkey), arising from the situation in Cyprus.
1.
Introduction
The Rome Statue of the International Criminal Court, UN Doc. A/CONF.183/9, 17 July 1998 (entered into
force on 1 July 2002)[hereinafter Rome Stat.].
2.
Cyprus has a population which is mixed between Christians and Muslims. The
Christian majority are Greek Orthodox, Eastern-rite Catholic, and Armenian
Christian and speak Greek. The Muslim minority are Sunni and speak Turkish.
All of the native population is ethnically Cypriot.2 On 1960, Cyprus achieved its
independence from the United Kingdom. Pursuant to treaty, Greece, Turkey and
the United Kingdom specifically guaranteed the independence, territorial
integrity, security and constitutional order of the Republic of Cyprus. 3 At the
time of independence, Greek Cypriots outnumbered Turkish Cypriots by a 7 to 2
ratio.4 In late 1963 and again in 1967, inter-communal violence erupted.5 Using
this violence as a pretext, on July 20, 1974, the Turkish Army invaded and
Patrick R. Hugg, Cyprus in Europe: Seizing the Momentum of Nice, 34 Vand. J. Transnatl L. 1293, 130102 (2001).
3
Treaty of Guarantee, arts. I-II, Aug 16, 1960, 382 U.N.T.S. 10.
4
Cyprus: International Law and the Prospects for Settlement, 78 Am. Socy Intl. Proc. 107, 109 (1984)
5
Id..
2
occupied the Northern third of the Cyprus, acting under purported authority
claimed through the Treaty of Guarantee. Nearly 230,000 Greek Cypriots, 1/3 of
the total population, were forcibly departed their homes and business in the area
of Turkish control, while 40,000 Turkish Cypriots came to the North.6 Turkish
troops have remained ever since, in violation of the Treaty of Guarantee, and the
northern part of the island remains under Turkish domination and control.7
In 1983, Turkey purported to declare the independence of a Turkish
Republic of Northern Cyprus in those areas of Cyprus which it illegally controls
[hereinafter TRNC].8 No country besides Turkey recognizes TRNC.
The
3.
The Cypriot Presidency and EU-Turkey Relations, 15 Y.B. Polish Eur. Stud. 107, 109 (2012).
Id. at 110.
8
Turkey Blamed for Cyprus Crisis, Philadelphia Inquirer, Nov. 18, 1983.
9
Id.
10
S.C. Res. 541 (1983).
11
Menelaos Hadjicostis, Cyprus president says peace deal would create Cyprus, Israel, Turkey gas link, U.S.
News and World Report, Feb. 17, 2014, available at
http://www.usnews.com/news/business/articles/2014/02/17/cyprus-president-trumpets-energy-boost-for-turkey
7
Cyprus is a state party of the International Criminal Court (ICC) and ratified the
Rome Treaty on March 7, 2002. Therefore, this Court has jurisdiction over war
crimes committed by Turkey within the territory of Cyprus after March 7, 2002.12
Although Turkey occupies portions of Cyprus, this occupation has no effect on
the Courts jurisdiction over the whole of the island after the date of Cypruss
ratification.13 As demonstrated below, in addition to the growth and
maintenance of the post-1974 settlement enterprise, the influx of settlers has
continued since 2002, and indeed has significantly accelerated in that period.
4.
This Court has jurisdiction over the war crime of directly and indirectly
transferring civilian population of an occupying power into occupied territory.14
5.
Turkey and the individuals named below are guilty of the war crime of
transferring civilian population of an occupying power into occupied territory.
A perpetrator is guilty of the war crime of transferring the civilians of an
occupying power into occupied territory when:
12
a.
He transfers, directly or indirectly, parts of his own population into the
territory he occupies.
b.
The conduct took place in the context of and was associated with an
international armed conflict.
c.
He was aware of factual circumstances that established the existence of an
armed conflict.15
The facts clearly demonstrate the existence of serious and ongoing crimes within
the Courts jurisdiction.
5(a). Turkey and the individuals identified below have transferred
Turkish civilian population to the territory of Cyprus continuously since 1974,
and in particular since 2002:
Turkey has engaged in direct and indirect transfer of its population to
Cyprus since 1974, when it invaded Cyprus.
continued, at varying rates, but never interrupted, until this day, in has even
accelerated in the past decade. International law prohibits population transfer.16
Any transfer of parts of the civilian population of Turkey into territory it
occupies in Cyprus violates the Rome Statute.17 Both Turkey and the individuals
responsible for the implantation of settlers face criminal liability.18
Turkeys crime of population transfer has been systematic, widespread,
and grave, especially considering its effect on the Republic of Cyprus. Turkeys
15
illegal settlement policy has massively changed the demographic balance of the
occupied territory, which international law prohibits,19 and tends towards the de
facto annexation of the territory, as well as making the restoration of control to
Cyprus increasingly unlikely.
Turkish policy has promoted the settlement of Turkish citizens in that
portion of Cyprus under its military control.
northern Cyprus conducted its first census. At that time, 30,702 Turkish citizens
were resident in Turkish-occupied Cyprus. These Turkish citizens constituted
15% of the population in the occupied area.20 Additionally, 23,924 of the 164,460
persons holding the citizenship in the unrecognized Turkish puppet entity
TRNC were themselves Turkish settlers, born in Turkey.21 In 2006, Turkeys
regime in northern Cyprus again conducted a census. 70,525 of the 256,644
persons resident in the Turkish-occupied area of Cyprus, or 27.5%, were Turkish
citizens. Of the 178,031 persons in the occupied area with TRNC citizenship,
27,333 were born in Turkey. Therefore, in 2006, of the total population of the
occupied area, 256,644 in 2006, at least 97,858, or 38.1%, were Turkish settlers.
Notably, the actual percentage of settlers in the population is higher, as these
19
Mete Hatay, Beyond Numbers; An Inquiry into the Political Integration of the Turkish Settlers in Northern
Cyprus 8 (International Peace Research Institute, Oslo (PRIO))(2005), available at
http://www.prio.no/Global/upload/Cyprus/beyond_numbers_reduced.pdf.
23
Statement by EU High Representative Catherine Ashton on the latest Israeli announcement of settlement plans,
E.U. Doc. 131031/01 (Oct. 31, 2013), available at http://eeas.europa.eu/statements/docs/2013/131031_01_en.pdf
24
Hatay, supra note 22 at p. 30.
25
Id. at p. 47.
26
Id. at p. 33.
27
Id. at p. 37.
22
between 2006 and 2011, to 294, 906.32 Of this population, at least 104,641 were
Turkish settlers. Turkish-born residents in the occupied area of northern Cyprus
now constitute at least 36.6% of the occupied areas population,33 again, not
counting the children of settlers, simply because separate data is unavailable on
28
Ahmet Atasoy, Population Geography Of The Turkish Republic Of Northern Cyprus, Mustafa Kemal
University Journal of Social Sciences Institute 16(8): 29-62, at 38 (2011).
29
30
31
Ambassador Ronald Schlicher, Turkish Cypriot Census Debate Focuses On Natives Versus
"Settlers", May 218, 2007, available at
http://www.wikileaks.org/plusd/cables/07NICOSIA434_a.html.
32
KKTC'nin nfusu 294 bin 906, Milliyet (Turkey), Dec. 12, 2011, available at http://dunya.milliyet.com.tr/kktcnin-nufusu-294-bin-906/dunya/dunyadetay/09.12.2011/1473436/default.htm
33
KKTC'de nfus saym sonular akland, Sabah (Turkey), Aug. 13, 2013, available at
http://www.sabah.com.tr/Dunya/2013/08/13/kktcde-nufus-sayim-sonuclari-aciklandi
10
their number. Thus, the implanted settlers approach half of the population of the
occupied area. Some data indicate that native Turkish Cypriots have been made
a minority in northern Cyprus.34
34
Celestine Bohlen, Fresh Tension for Cyprus: Counting the Newcomers, N.Y. Times, Jan. 23, 1991.
Cyprus Expresses Concern over Erdogan Statetements, Macedonian Information Agency, Nov. 13, 2013,
available at http://www.mia.mk/en/Inside/RenderSingleNews/289/111601384.
36
Commentary on the Rome Statute of the International Criminal Court 369, 92 (Otto Triffterer, ed.
2008)[hereinafter Triffterer].
35
11
Turkish officials allocate to Turkish settlers land and homes, most of which
belonged to Greek Cypriots who lived in them prior to Turkeys 1974 invasion. 37
Since 1995, settlers have obtained from Turkish authorities supposedly legal title
to the properties in which they have settled.
39,40,41
An
occupying power may not confiscate private property and must respect private
title.42
personal criminal liability for aiding and abetting the war crime of population
transfer.44
Additionally, the Turkish government provides Turkish settlers with job
opportunities in the occupied area of northern Cyprus that are unavailable in
mainland Turkey.45 For the settlers, this is a particularly lucrative draw, because
many of them come from impoverished backgrounds in the rural and
37
12
13
activity,
irrespective
of
any
collateral
or
secondary
use. 54
52
14
Thus Turkey
develops the occupied areas water and electric resources to promote settlement
and facilitate population transfer. Turkeys Ministry of Forest and Water Affairs
has undertaken the TRNC Potable Water Supply Project. This project will
build a massive pipeline to supply the occupied North with water from
Alakpr Dam, presently under construction in Turkey.56 Turkey is also building
a reservoir in its occupied area to hold the water pumped in from this pipeline.57
These water projects are unlawful. An occupying power may not develop
water resources for the use of a settler population. Any water development in
Cyprus must be for the entire Cypriot population and cannot be horded for
exclusive use in the occupied North.58
Turkish corporations control the occupied areas business sector.
The
56
Press Release, Firat, Succes Stories; Cyprus is supplied with Water by Firat, available at http://www.firat.com/enus/success-stories/cyprus-water-supply-project
57
Foundations for Gecitkoy reservoir laid, Cihan News Agency (Turkey), Mar. 30, 2012, available at
http://en.cihan.com.tr/news/Foundations-for-Gecitkoy-reservoir-laid-CHNjY4NzI5LzQ=
58
Falk Report 2013, 62-63.
15
gas there.59 An occupying power may only administer existing energy sites for
the benefit of the occupied territory.60
59
Turkey to launch oil drilling in KKTC, Cihan News Agency (Turkey), Apr. 3, 2012, available at
http://en.cihan.com.tr/news/Turkey-to-launch-oil-drilling-in-KKTC-CHNjcxMDkzLzM=
60
Regulations Respecting the Laws and Customs of War on Land, annexed to Convention Respecting the Laws and
Customs of War on Land, Oct. 18, 1907, 36 Stat. 2277, 2 AJIL Supp. 90 (1908), TS No. 539, 205 Parry's TS 277
[hereinafter Hague Regulations] Art. 55.
61
Monroe Leigh, Department of State Memorandum of Law on Israeli's Right to Develop New Oil Fields in Sinai
and The Gulf of Suez, 16 ILM 733, 742 (1977)
62
Human Rights Watch, Separate and Unequal, December 19, 2010) available at
http://www.hrw.org/node/95059/section/1
63
Fact-Finding Mission Report (Feb. 7 2013), Annex I.
16
occupied areas of Cyprus and further erodes the Cypriot ethnic and cultural
fabric in the area of occupation.64 Students of the occupying power who study in
universities within the occupied area are unlawful settlers whose presence is a
form of population transfer 65
Turkey established 9 universities in the occupied area since it began its
occupation of northern Cyprus.66 Of the 41,865 students presently enrolled in
these universities, 28,565 are mainland Turks. 67 This is not by happenstance.
Turkeys involvement in the development of educational infrastructure in the
North is extensive. For example, Turkish Prime Minister Recep Tayyip Erdoan
officially opened Near Eastern University in 2008. In so doing, he initiated an 11professor, 2000-acre campus, the construction of which was the result of Turkeys
willingness to provide every sort of support towards the development of
universities in the occupied North, according to Erdoan.68
In addition to
64
17
It is a Turkish
69
72
Id.
18
contribute nearly half of the budget of the TRNC government and are the
leading sector in the economy of the zone of occupation.73
Turkeys development of educational institutions in the North is for the
express purposed of furthering Turkish settlement in Cyprus and promoting an
ever-more Turkish ethnic balance there. Turkish officials admit this openly. The
TRNC President has threatened the internationally-recognized government
of Cyprus that Turkey will increase investment in higher education if it does not
concede in negotiations with Turkey.74
73
Susane Gusten, Students Flock to Universities in Northern Cyprus, N.Y. Times, Feb. 16, 2014.
Northern Cyprus wants to re-start talks in October, Eroglu says, J. of Turkish Weekly, Sept. 30, 2013, available
at http://www.turkishweekly.net/news/157003/northern-cyprus-wants-to-re-start-talks-in-october-eroglu-says.html
74
19
occupying states populace and is therefore a war crime.75 The drafters of the
Rome Statute intended the population transfer provision to criminalize actions
by private individuals who indirectly support population transfer, in addition to
criminalizing governmental actions towards the same end.76
Turkey is guilty of activities which develop tourism in the North. From
1995 until 2008, Turkey implemented a comprehensive plan to develop and
increase tourism in the areas of Cyprus which it occupies.77
In 2000, the
Development Bank extended credit for 66 hotel projects throughout the Turkishoccupied area.78 In particular, the Turkish Development Bank loaned US $250
Million for 11 hotels in Bafra and YTL 105 million to eight hotel companies in
Kumkoy.79 The Bafra project has already resulted in 3,500 new hotel beds, with
15,000 anticipated upon completion.80 By 2012, the total number of hotel beds in
the occupied North had increased to 19,687.81 Improvements in the tourism
infrastructure encouraged 801,326 tourists to come from Turkey to the occupied
75
The Humanitarian Impact of the Takeover of Palestinian Water Springs by Israeli Settlers 1 (United Nations
Office for the Coordination of Humanitarian Affairs in Occupied Palestinian Territory)(March, 2012) available at
http://www.ochaopt.org/documents/ocha_opt_springs_factSheet_march_2012_english.pdf
76
The Rome Statute of the International Criminal Court: A Commentary 472 (Antonio Cassese et al. eds., 2002)
77
KKTC 2012, p. 71.
78
Demet Cengiz, Upsurge in Tourism Investment in Offspring Country, Hrriyet Daily News (Turkey) Aug. 11,
2005.
79
Id.
80
KKTC 2012 at p. 71.
81
Id. at p. 72.
20
majority of the 1,022, 089 tourists who visited the occupied North in 2011.83 It is
unknown how many Turkish visitors decided to stay on after their holiday in the
Turkish-occupied areas of Cyprus.
Prior to Turkeys implementation of its unlawful tourism development
plan, northern Cyprus had 19 casinos.84 By 2012, Turkey had increased the
number of casinos in northern Cyprus to 25. These casinos generate $600 million
in the area of occupation from gambling revenue alone. This figure does not
include incidental revenues for restaurants and hotels obtained from visiting
gamblers.85 The TRNC regime annually receives $2,000 in taxes per table at the
casinos and $200 in taxes per machine.86 Turkeys development of the gaming
sector in the area of occupation is unlawful because it introduces an unsavory
and prejudicial element to the already imperiled northern Cypriot cultural
landscape. Turkey recognizes the cultural toxicity of gaming operations and
does not permit casinos to operate in mainland Turkey. 87 Turkey, as occupying
power, cannot abridge Cypriot law unless absolutely necessary, and may not
change local law to permit activities in occupied Cyprus it deems detrimental to
82
KKTC 2012, p. 9,
Id. at p. 73
84
Andrew Borowiec, Cyprus, a Troubled Island 159 (Praeger Publishers)(2000).
85
Ceyhun Kuburlu, Northern Cyprus a new casino haven for wealthy, Hrriyet Daily News (Turkey) Jun. 18, 2012.
86
Id.
87
Borowiec, supra at note 80, at 159.
83
21
its own citizens and does not allow on its own territory.88 Cypriot law has
prohibited casino gambling since independence.89 Cyprus strengthened that ban
in 2012.90
5(a)iv. Turkeys support for public and private sectors in the areas of
Cyprus which it occupies is a modality of occupation:
The Turkish regime in Cyprus is economically dependant upon mainland
Turkey for its existence. In 2012, Turkey was the destination for 48.8% of exports
from the occupied area, totaling $56.7 million.
$1,096.3 million worth of goods from mainland Turkey.91 Turkey held all of the
external debt of the TRNC government.92 Turkey provides over $1 billion
(US) per year to fund the operations of its governing apparatus in the areas of
Cyprus which it occupies and uses its financial support to perpetuate
dependence on Turkey. 93 Officials in Ankara give detailed instructions on how
Turkish money is to be spent and cut off entities non-compliant with these
instructions. For examples, Turkish Cypriot Airlines, the national air carrier of
TRNC immediately went bankrupt after Turkey withdrew its financial support
88
Yoram Dinstein, Legislation Under Article 43 of the Hague Regulations: Belligerent Occupation and
Peacebuilding, (Fall, 2004) 1 HPCR Occasional Paper Series 1 at 9 [Dinstein].
89
Casino decisions expected this year, Cyprus Mail, Jan. 7, 2014.
90
Betting Law of the Republic of Cyprus [2012], Law No. 106(I)/2012
91
Id. at p. 13, Tables 15 and 16.
92
Id. at p. 63.
93
Serkan Demirta, Turkish Cypriot state at 30: How independent?, Hrriyet Daily News (Turkey), Nov. 16, 2013,
available at http://www.hurriyetdailynews.com/turkish-cypriot-state-at-30-how-independent.aspx?pageID=238&nID=58010&NewsCatID=351
22
Turkey
provides its military, its finances, and its infrastructure, its government and uses
it to facilitate the war crime of population transfer.
5(b). Turkeys conduct takes place in the context of and is associated
with an international armed conflict:
94
Benjamin Harvey, Northern Cyprus May Go Bankrupt, Turkish Minister Tells Hurriyet, Bloomberg News,
February 12, 2011, available at http://www.bloomberg.com/news/2011-02-12/northern-cyprus-may-go-bankruptturkish-minister-tells-hurriyet.html
95
Id.
96
Id. (footnote 4).
97
Turkish Cyprus govt falls as motion passed, Hrriyet Daily News (Turkey), June 5, 2013, available at
http://www.hurriyetdailynews.com/turkish-cyprus-govt-falls-as-motionpassed.aspx?pageID=238&nID=48251&NewsCatID=351
98
Hague Regulations, Art. 45.
99
Anayasa [Constitution] art. 82 (Turk. Rep. N. Cyprus)
23
Geneva Conventions.102
In 1974, Turkey invaded Cyprus and has occupied the northern portions of
it since that time.103 Under international law, territory is considered occupied
when it is actually placed under the authority of (a) hostile army, and the
occupation extends to the territory where such authority has been established
and can be exercised.104 Although the government of TRNC has declared its
independence, this declaration is invalid as a matter of law.105 Further, as a
matter of law, TRNC is an instrumentality of Turkey.106 Therefore, Turkey
continues to be bound by the prohibition on transferring civilians into the
territory.107
100
24
international conflict and that international conflict involves Turkey and Cyprus,
not Cyprus and the TRNC
Turkey maintains a formidable military force on the island without the
permission and against the will of the sovereign Cypriot government. A general
officer of the army of mainland Turkey commands both the TRNC military
and the regular Turkish troops present in the area of occupation. While the active
component of the TRNC army is only 5,000 strong, the mainland Turkish
Army maintains 43,000 soldiers on Cyprus who serve alongside TRNC armed
forces.108 Turkey funds all of the forces present in the area of occupation; in
2011, Turkey spent $109 million on military expenses in northern Cyprus.109
Territory is considered occupied when it is placed under the effective control of
the hostile Army.110 The Turkish military is in effective control of the area of
Cyprus in which its forces are present. Therefore, northern Cyprus is occupied
and the law of occupation applies to northern Cyprus.
5(c). Turkey and its officials are aware of the aware of factual
circumstances that established the existence of an armed conflict:
It is beyond dispute that Turkish officials are aware of their continued
occupation of northern Cyprus, are aware that this occupation constitutes a
108
25
In
6.
111
Yutaka Arai, The Law of Occupation: Continuity and Change of International Humanitarian Law, and Its
Interaction With International Human Rights Law 346 (2009)
112
Amanda Paul, The Turkey-EU deadlock, (European Policy Ctr., Jan. 26, 2011), available at
http://www.epc.eu/documents/uploads/pub_1220_the_turkey-eu_deadlock.pdf.
26
113
27
Civilian officials are similarly promoted and rewarded for their service in
Cyprus.
Minister Erdogan, he left the government, formed his own political party, and
now is a prominent academic.121 Cemil Cicek became Speaker of the Turkish
Parliament after serving as Deputy Prime Minister responsible for Cyprus.122
Therefore, it is clear that Turkey does not prosecute its officials who have
responsibility for Cyprus and for Turkeys colonization efforts and instead
116
3 Officers Enter International Hall of Fame, US Federal News, Apr. 12, 2012.
Org. Hayri Kvrkolu kimdir?, CNN Trk, Sept. 8 2010, available at
http://www.cnnturk.com/2010/turkiye/08/09/org.hayri.kivrikoglu.kimdir/586074.0/index.html
118
Turkish Government, Military Reach Deal Over Top Posts, World News Connection, Aug. 9, 2010.
119
Turkey: Military Promotions Said Not To Shake Rules of Succession in Army, World News Connection, Aug. 15,
2011.
120
N Cyprus property sales to foreigners increasing - Turkish minister, BBC International Reports (Europe), Sep.
12, 2004.
121
Abdllatif ener's Turkey Party closes itself down, Cihan News Agency (Turkey), Aug. 28, 2012.
122
Cyprus: Turkish Cypriot Newspapers Comment on Cyprus Talks, Solution, World News Connection, Nov. 21,
2008
117
28
rewards them. International humanitarian law holds these military and civilian
officials responsible for their actions in support of population transfer, and does
not absolve them of criminal liability on the basis of orders from superiors. 123
Nonetheless, THE COMPLAINTANTS are unaware of the prosecution of any
Turkish official in Turkey (or in any other jurisdiction) for the war crime of
transferring civilian population of an occupying power into occupied territory.
Turkey is therefore unwilling to prosecute its officials within the meaning of the
Rome Statute.
The courts of Cyprus cannot obtain physical control over Turkish officials
present in the area of occupation because the government of Cyprus does not
exercise effective control over occupied areas. Therefore, Cyprus is unable to
prosecute Turkish officials within the meaning of the Rome Statute.
Since
Turkey is unwilling to prosecute, and Cyprus is unable, Article 17s criteria for
ICC jurisdiction are met and the Prosecutor should open a preliminary inquiry.
6(b). Gravity of the Conduct:
Pursuant to Articles 17 and 52 of the Rome Statute, the Prosecutor should
open an investigation unless he believes that there are nonetheless substantial
reasons to believe that an investigation would not serve the interests of justice,
123
William A. Schabas, An Introduction to the International Criminal Court 233 (4th ed. 2011).
29
despite the clear evidence of a war crime.124 Here, there is every reason to
believe that an investigation would serve the substantial interests of justice and
no reason to believe that it would not. Failure to open an investigation would be
a substantial miscarriage of justice.
accountability for Turkish officials who routinely commit the war crime of
transferring civilian population of an occupying power into occupied territory.
The ICC exists to provide justice in cases in which national courts are unwilling
or are unable, as is the case here.125 Therefore, the Prosecutor should open an
investigation.
In particular, Turkish conduct in northern Cyprus has drastically altered
the pre-existing ethnic balance in Cyprus is in danger of rendering Turkish
Cypriots a minority in the occupied area. The Rome Statutes provision against
population transfer exists for the specific purpose of preventing changes to the
ethnic balance of occupied areas.126
International Criminal Court: Situation in the Republic of Cote DIvoire, 51 I.L.M. 228, 255 (Pre-Trial Chamber
III, 2012).
125
Jann N. Kleffner, Complementarity in the Rome Statute and National Criminal Jurisdictions 3-4 (Ruth
Mackenzie et. al eds. 2008).
126
Triffterer at 362, 85.
124
30
127
Richard Falk, Report of the Special Rapporteur on the situation of human rights in the Palestinian territories
occupied since 1967, U.N. Doc. A/HRC/20/32 (May 25, 2012)
128
See supra at n. 15.
129
Kbrs'ta Trk'ler kutuplayor, Gavetici.tv (Turkey), Jul. 8, 2011, available at http://www.gazeteci.tv/kibristurku-kutuplasiyor-121813h.htm
130
See supra at n. 26, 27, 37.
31
Therefore, the
and
its
flouting
of
its
responsibilities
under
international
Turkey remains
131
Richard Falk, Report of the Special Rapporteur on the situation of human rights in the Palestinian territories
occupied since 1967, 70, U.N. Doc. A/HRC/25/67 (Jan. 14, 2014).
132
Id. at 52.
133
Benvenisti at 99
134
IV Geneva Convention, art. 47
135
Emre Pekre, Turkey May Annex North Cyprus If No Reunification, Kibris Say, Bloomberg News, Mar. 5, 2012
32
33
141
142
143
144
An
34
investigation by the Prosecutor is the first step both in holding to account those
Turkish officials responsible for the occupation and in persuading Turkish
officials to end their occupation of Cyprus through consequence. Therefore, it is
in the interests of justice for the Prosecutor to open an investigation into the
matters contained herein, as no other remedy besides an ICC proceeding will
vindicate the rights of Greek Cypriot refugees.
7.
Conclusion
35
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