icc complaint - turkey

8/10/2019 ICC Complaint - Turkey

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In the

International Criminal Court_______________

MEP COSTAS MAVRIDES&

CYPRIOTS AGAINST TURKISH WAR CRIMESThe complainants

v.

THE REPUBLIC OF TURKEYAccused of War Crimes

_______________

Communicationto the Prosecutor of the International Criminal Court

regarding the situation in Occupied Cyprus

_______________

July 14, 2014


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TABLE OF CONTENT

1. Introduction.......2

2. Background of the conflict.. 2

3. Territorial and temporal jurisdiction of the court... 4

4. Subject matter jurisdiction of the court.... 5

5. Facts supportingjurisdiction. 5

5(a). Turkey and the individuals identified below have transferred Turkish civilianpopulation to the territory of Cyprus continuously since1974.................................... 6

5(a)i. Turkeys infrastructure development activities in northern Cyprus constituteillegal populationtransfer.... 21

5(a)ii. Turkeys importation of mainland Turkish students and development ofeducational institutions in the occupied area constitutes the war crime of populationtransfer... 15

5(a)iii. Turkeys development of the tourism sector in northern Cyprus constitutes thewar crime of population transfer.... 18

5(a)iv. Turkeys support for public and private sectors in the areas of Cyprus which itoccupies is a modality ofoccupation... 21

5(b). Turkeys conduct takes place in the context of and is associated with aninternational armed conflict.... 22

5(c). Turkey and its officials are aware of the aware of factual circumstances thatestablished the existence of an armedconflict... 24

6. Obligation of the prosecutor to initiate aninvenstigation............. 24


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6(a). Admissibility of this case to ICC jurisdiction.........1

6(b). Gravity of the

Conduct .1

6(c). A 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 Statute1, 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

1 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.].


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THE COMPLAINTANTS submit to the Prosecutor this communication

concerning the settlement activities of Turkey within the territory of Cyprus,

constituting the war crime of directly and indirectly transferring civilian

population of an occupying power into occupied territory, in violation of Article

8 (2) (b) (viii) of the Rome Statute.

2. Background of the Conflict

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

2 Patrick R. Hugg, Cyprus in Europe: Seizing the Momentum of Nice, 34 Vand. J. Transnatl L. 1293, 1301-

02 (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..


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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 Cyprusin those areas of Cyprus which it illegally controls

[hereinafter TRNC].8 No country besides Turkey recognizes TRNC. 9 The

United Nations Security Council found the formation of TRNC to be illegal

and re-affirmed the legal status of the government of Cyprus as the sole

legitimate government of the island.10 Turkey does not recognize the

government of Cyprus and remains in belligerent occupation of the northern half

of the country.11

3. Territorial & Temporal Jurisdiction of the Court

6The Cypriot Presidency and EU-Turkey Relations, 15 Y.B. Polish Eur. Stud. 107, 109 (2012).7Id.at 110.8 Turkey Blamed for Cyprus Crisis, Philadelphia Inquirer, Nov. 18, 1983.9Id.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


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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. Subject Matter Jurisdiction of the Court

This Court has jurisdiction over the war crime of directly and indirectly

transferring civilian population of an occupying power into occupied territory.14

5. Facts supporting Jurisdiction

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 Rome Stat., Art.12(2)(a) and 13(c).13William Schabas, The International Criminal Court; A Commentary on the Rome Statute 285 (2010).14Rome Stat. Art. 8(2)(b)(viii).


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a. He transfers, directly or indirectly, parts of his own population into theterritory he occupies.

b. The conduct took place in the context of and was associated with aninternational armed conflict.

c. He was aware of factual circumstances that established the existence of anarmed 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. This course of conduct has

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 Elements of Crimes, International Criminal Court publication, RC/11 (2011).16 Geneva Convention Relative to the Protection of Civilian Persons in Time of War art. 49, Aug. 12, 1949 75

U.N.T.S. 287 [hereinafter IV Geneva Convention].17 Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, 2004

ICJ 20, 113 (9 Jul.)18 Jean-Marie Henckaerts and Louise Doswald-Beck, Customary International Humanitarian Law 462, (Intl

Comm. of the Red Cross )(2009)(vol. I)


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illegal settlement policy has massively changed the demographic balance of the

occupied territory, which international law prohibits,19and 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. In 1996, Turkeys regime in

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

TRNCwere 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 TRNCcitizenship,

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 S.C. Res. 446, U.N. Doc. S/RES/446 (Mar. 22, 1979).20Mete Hatay, Is the Turkish Cypriot Population Shrinking? 29 ( International Peace Research Institute, Oslo

(PRIO))(2007) available athttp://www.prio.no/Global/upload/Cyprus/Publications/Is%20the%20Turkish%20Cypriot%20Population%20Shrink

ing.pdf21Id.


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figures do not include children born to settlers, or unregistered mainland Turks,

who Turkey claims are guest workers.22 Under international humanitarian law,

both children born to settlers and guest workers may also be considered as an

indirectly transferred populations.23

The percentage of mainland Turks in the total population of the occupied

area more than doubled between 1996 and 2006.24 In, 2006, 24% of the citizens of

TRNC were born in Turkey.25 Between 2002, when the ICC acquired

jurisdiction over the war crime of transferring civilian population of an

occupying power into occupied territory, and 2006, when the Turkey regime in

northern Cyprus conducted its census, between 500-1,000 Turkish citizens

moved to the occupied area of northern Cyprus per year and acquired TRNC

nationality.26 Additionally, 69.2% of the Turkish citizens who resided in the

occupied area in 2006 without TRNC nationality arrived after 2002.27

Moreover, Turkish settlement activity has continued unabated from 2006 to the

present day.

22Mete 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 athttp://www.prio.no/Global/upload/Cyprus/beyond_numbers_reduced.pdf.23Statement by EU High Representative Catherine Ashton on the latest Israeli announcement of settlement plans,

E.U. Doc. 131031/01 (Oct. 31, 2013), available athttp://eeas.europa.eu/statements/docs/2013/131031_01_en.pdf24Hatay, supra note 22at p. 30.25Id. at p. 47.26Id. at p. 33.27Id. at p. 37.
http://www.prio.no/Global/upload/Cyprus/beyond_numbers_reduced.pdfhttp://www.prio.no/Global/upload/Cyprus/beyond_numbers_reduced.pdfhttp://eeas.europa.eu/statements/docs/2013/131031_01_en.pdfhttp://eeas.europa.eu/statements/docs/2013/131031_01_en.pdfhttp://eeas.europa.eu/statements/docs/2013/131031_01_en.pdfhttp://eeas.europa.eu/statements/docs/2013/131031_01_en.pdfhttp://www.prio.no/Global/upload/Cyprus/beyond_numbers_reduced.pdf


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According to Turkish demographers, since 2005 the population of the

occupied territory has grown rapidly.28 The data of the Turkish occupation

government shows that since 2002, the population growth has been much faster

than the natural growth rate of births minus deaths.29 This growth has been

fueled by an influx of settlers, at the rate of nearly 10,000 a year from 2005-2009,

according to Turkish scholars.30Indeed, the influx of settlers may be even more

rapid. United States Ambassador to Cyprus has reported that starting in 2005 the

tide of settlers from Turkey has reached new heights, with 13,448 coming in

2004 and 18,408 in 2005, and 5,318 in just the first quarter of 2006.31

More recent census information shows an acceleration of Turkeys

population transfer activities. The occupied areas population grew by 11.2%

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

28Ahmet Atasoy, Population Geography Of The Turkish Republic Of Northern Cyprus, Mustafa KemalUniversity Journal of Social Sciences Institute 16(8): 29-62, at 38 (2011).

29See id. at 39.30Id.31Ambassador 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.32KKTC'nin nfusu 294 bin 906, Milliyet (Turkey), Dec. 12, 2011, available at http://dunya.milliyet.com.tr/kktc-

nin-nufusu-294-bin-906/dunya/dunyadetay/09.12.2011/1473436/default.htm33KKTC'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


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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 The demographic impact of Turkeys

settlement activity in Cyprus is therefore massive.

These population transfers did not occur spontaneously. The Turkish

government has actively organized and supported the transfer and settlement of

mainland Turkish citizens to Cyprus continuously since 1974. According to the

Turkish Prime Minister, Recep Tayyip Erdogan, "there is no country named

Cyprus."35 Turkish policy incentivizes settlement of mainland Turkish citizens in

Cyprus in order to maintain the occupied area of northern Cyprus as an

exclusively Turkish enclave and make Prime Minister Erdogans statement a

reality in the North.

Turkey provides generous financial aid and incentives to mainland

Turkish citizens who re-locate to the occupied area of northern Cyprus. The

provision of financial aid for settlement or population transfer activities is

unlawful and is a war crime.36

34Celestine Bohlen,Fresh Tension for Cyprus: Counting the Newcomers, N.Y. Times, Jan. 23, 1991.35 Cyprus Expresses Concern over Erdogan Statetements, Macedonian Information Agency, Nov. 13, 2013,

available athttp://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].


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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. This title purports to alienate

formerly Greek Cypriot properties, irrespective of the interest of the former

owner.38 Redistribution of property in this manner is unlawful. 39,40,41An

occupying power may not confiscate private property and must respect private

title.42 Failure to respect private title so constitutes a grave breach of

international humanitarian law.43 Realtors who facilitate this transfer bear

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

37Apostolides v Orams(C-420/07), [2011] 2 W.L.R. 324, 330.38 Hatay, Beyond Numbers,supranote 22 at 50.39 Israel: Stop Unlawful West Bank Home Demolitions, Human Rights Watch (Aug. 25, 2013), available at

http://www.hrw.org/news/2013/08/24/israel-stop-unlawful-west-bank-home-demolitions

40 International Committee of the Red Cross, Commentary, IV Geneva Convention Relative to the Protection ofCivilian Persons in Time of War 301 (Jean S. Pictet, ed., 1958) [hereinafter Pictet Commentaries]41Cyprus v. Turkey(just satisfaction)[GC], no.25781/94,63, ECHR 201442 Hague Regulations, Art. 4643 The Handbook of International Humanitarian Law 242 (Dieter Fleck, ed., 2nd ed 2008)44 Richard Falk, U.N. Human Rights Council, Report of the Special Rapporteur on the situation of human

rights in the Palestinian territories occupied since 1967, 55, U.N. Doc. A/68/376 (Sep. 10, 2013) [hereinafter Falk

Report 2013].45 Van Coufoudakis,International Aggression and violations of human rights: the case of Turkey in Cyprus, at 82,

Modern Greek Studies (Univ. of Minn.)(No. 18, 2008).
http://hudoc.echr.coe.int/sites/eng/pages/search.aspx#{%22appno%22:[%2225781/94%22]}http://hudoc.echr.coe.int/sites/eng/pages/search.aspx#{%22appno%22:[%2225781/94%22]}http://hudoc.echr.coe.int/sites/eng/pages/search.aspx#{%22appno%22:[%2225781/94%22]}http://hudoc.echr.coe.int/sites/eng/pages/search.aspx#{%22appno%22:[%2225781/94%22]}


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underdeveloped Anatolia region of Turkey.46 Since 1992, Turkey has exempted

mainland Turks who go to work in the occupied area of Cyprus from its military

draft, to which all male Turks are generally subject.47 This is a significant

incentive for transfer, especially in the past decade, as the Turkish military has

been engaged in an increasingly bloody and brutal conflict with Kurdish rebels,

with increasing military casualties.48 The use of guest workers in occupied

territory is prohibited by international law.49

Turkey has continued its population transfer activities despite the findings

of the relevant international tribunals directing the cessation of this activity. In

1999, the European Human Rights Commission found that the continued

entrance into Cyprus of considerable numbers of settlers violated international

law.50 More recently, the European Court of Human Rights found that Turkish

settlers (continue to) arrive in large number and (have) established their

homes in the occupied area of Cyprus.51 As demonstrated below, Turkey has

yet to pay heed to the directive of international tribunals or to respect its

responsibilities under international law.

5(a)i. Turkeys infrastructure development activities in northern Cyprus

constitute illegal settlement:

46 Raisa Bruner, Saga of the Pseudo-State, Yale Globalist (2013).47Turkey v. Cyprus, 23 E.H.R.R. 244, 260 (1997).48 Turkish Army Revising Combat Strategy, Defense News, Oct. 10, 2011.49 John Quigley, Palestine and Israel: A Challenge to Justice 183 (Duke U. Press)(1990).50 Cyprus v. Turkey, App. No. 25781/94, Commissions report of June 4, 1999, 560.51Demopoulos et. al. v. Turkey, 50 E.H.R.R. SE14, 38 (2010).


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Turkey unlawfully engages in physical infrastructure development in

northern Cyprus. An occupying power is not obligated to undertake

development projects in the occupied territory, but if it does, any development of

the occupied territory must be for the exclusive benefit of the pre-conflict local

population.52 An occupying power may not construct infrastructure that is

designed to outlast the temporary nature of an occupation.53The construction of

any structure or process that enables or supports the establishment, expansion

and maintenance of Turkish settlement in the area of Turkish occupation is a

settlement activity, irrespective of any collateral or secondary use.54

International humanitarian law obligates Turkey to both refrain actively

transferring its population into Cyprus and to prevent its civilian population

from coming to the territory it occupies, even without official sanction or

encouragement.55 Infrastructure development activities that induce mainland

Turks to come to Cyprus or provide support and facilitate the retention of those

who have already come constitute indirect transfer.

52 Eyal Benvenisti, The International Law of Occupation 105 (1993).53 James Crawford, Opinion: Third Party Obligations with respect to Israeli Settlements in the Occupied Palestinian

Territories 37 para 90 available at

http://www.tuc.org.uk/sites/default/files/tucfiles/LegalOpinionIsraeliSettlements.pdf [hereinafter Crawford Opinion]54 U.N. Human Rights Council, Report of the independent international fact-finding mission to investigate the

implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian

people throughout the Occupied Palestinian Territory, including East Jerusalem, 4, U.N. Doc. A/HRC/22/63 (Feb.

7, 2013)[hereinafter Fact-Finding Mission Report (Feb. 7, 2013)].55Schabas,supra note 10, 234


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Turkey financially supports the development of physical and human

infrastructure in its area of occupation in furtherance of its settlement activity.

The pre-existing water and electric resources in the occupied North cannot

support the present influx of persons from mainland Turkey. Thus Turkey

develops the occupied areaswater 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.56Turkey 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

Turkish governments hydrocarbon company, TPAO, has exclusive rights to

develop the energy sector in the occupied area and is actively drilling for natural

56Press Release, Firat, Succes Stories; Cyprus is supplied with Water by Firat, available at http://www.firat.com/en-

us/success-stories/cyprus-water-supply-project57Foundations 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.


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gas there.59 An occupying power may only administer existing energy sites for

the benefit of the occupied territory.60 The development of new energy

exploitation sites is illegal in an area of occupation.61 Corporate officers face

personal criminal liability for confiscating natural resources contrary to

international law.62 The Prosecutors investigation should make specific inquiry

into the unlawful actions of Turkish corporate and governmental officers in this

regard.

5(a)ii. Turkeys importation of mainland Turkish students anddevelopment of educational institutions in the occupied area constitutes thewar crime of population transfer:

Turkey is developing institutions of higher learning in the areas of Cyprus

which it occupies. Turkeys educational institutions are a modality of occupation

and its students are settlers. The development of educational institutions in

occupied territory constitutes the war crime of population transfer because these

institutions indirectly promote transfer of population into the area of

occupation.63 The presence of universities, in which the language of instruction

and curriculum is Turkish, entices mainland Turkish students to come to the

59Turkey to launch oil drilling in KKTC, Cihan News Agency (Turkey), Apr. 3, 2012, available athttp://en.cihan.com.tr/news/Turkey-to-launch-oil-drilling-in-KKTC-CHNjcxMDkzLzM=60Regulations 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. 55.61Monroe 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)62Human Rights Watch, Separate and Unequal, December 19, 2010) available at

http://www.hrw.org/node/95059/section/163 Fact-Finding Mission Report (Feb. 7 2013), Annex I.


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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 11-

professor, 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

building educational facilities, Turkey also funds individual scholarships to its

institutions in the North. A student wishing to compete for a scholarship does so

64 Triffterer, 363 at 87.65 Press Release, Al-Haq, Al-Haq Press Release on Ariel Settler University (Feb. 20, 2010)[hereinafter Al -Haq

Ariel Statement], available at http://www.alhaq.org/attachments/article/283/ariel-settler20-2-2010.pdf66 Embassy of Turkey in TRNC,KKTC 2012 Ekonomi Durum Raporu[herineafterKKTC 2012] (2012), p. 73.67 Coufoudakis at 34.68Press Release, Near Eastern University, Prime Minister of Turkey attributes to NEU at his speech delivered to

National Council (July 22, 2008), available at http://www.neu.edu.tr/en/node/6326.


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by taking mainland Turkeys student selection and placement examination

(OSYM).69

The latest addition to Turkeys educational infrastructure is a branch of

Istanbul Technical University in Famagusta. With the opening of this institution,

Turkey abandoned even the pretense that its institutions in the North are

independent of mainland Turkish control. Istanbul Technical Universitys

northern Cyprus branch is governed by the same institutional structure as the

main campus in Istanbul and teaches the same curriculum. It is a Turkish

institution in every sense.70

Every student who comes to northern Cyprus spends, on average, YTL

32,554 on his education, lodging, food and upkeep.71 In the aggregate, students

spend YTL 1.8 billion in Turkeys area of occupation every year. Of that amount,

only 28% consists of student fees.72 The rest lands directly in the occupied areas

economy, and therefore contributes significantly to Turkeysability to maintain

its regime there. According to Huseyin Gokcekus, the President of the Turkish

governments educational council in the occupied area, revenues from education

69Press Release, Near Eastern University, Frequently Asked Questions, available at

http://www.neu.edu.tr/en/node/223870International Student Credentials, Istanbul Technical University Northern Cyprus campus, available at

http://www.kktc.itu.edu.tr/index.php/en/pogram-kosul

72Id.


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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 Presidenthas 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 This threat was an implied

acknowledgement that Turkeys educational development in its area of

occupation serves to further cement the occupation by facilitating the war crime

of population transfer. It is therefore proper for the Prosecutor to open a

preliminary investigation into Turkeys educational activities in the area of

occupation.

5(a)iii. Turkeys development of the tourism sector in northernCyprus constitutes the war crime of population transfer:

Turkey has developed the tourism sector in the occupied area of Cyprus in

violation of international law. Tourism development in occupied territory

indirectly facilitates population transfer from the occupying country by

subsidizing settlement activity and by normalizing occupation in the eyes of the

73Susane Gusten, Students Flock to Universities in Northern Cyprus, N.Y. Times, Feb. 16, 2014.74Northern 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


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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

governing authority in the occupied area changed its law to incentivize

investment in the tourism section. Between 2002 and 2005, the Turkish

Development Bank extended credit for 66 hotel projects throughout the Turkish-

occupied 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

75The Humanitarian Impact of the Takeover of Palestinian Water Springs by Israeli Settlers 1 (United NationsOffice 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.pdf76 The Rome Statute of the International Criminal Court: A Commentary 472 (Antonio Cassese et al. eds., 2002)77KKTC 2012, p. 71.78Demet Cengiz, Upsurge in Tourism Investment in Offspring Country, Hrriyet Daily News (Turkey) Aug. 11,

2005.79Id.80KKTC 2012 at p. 71.81Id.at p. 72.


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areas of Cyprus in 2011.82 These Turkish visitors were the overwhelming

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

82KKTC 2012,p. 9,83Id. at p. 7384Andrew Borowiec, Cyprus, a Troubled Island 159 (Praeger Publishers)(2000).85Ceyhun Kuburlu,Northern Cyprus a new casino haven for wealthy, Hrriyet Daily News (Turkey) Jun. 18, 2012.86Id.87 Borowiec,supraat note 80, at 159.


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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 ofCyprus 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. TRNC imported 70%, or

$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

TRNCimmediately went bankrupt after Turkey withdrew its financial support

88Yoram Dinstein, Legislation Under Article 43 of the Hague Regulations: Belligerent Occupation and

Peacebuilding, (Fall, 2004) 1 HPCR Occasional Paper Series 1 at 9 [Dinstein].89Casino decisions expected this year, Cyprus Mail, Jan. 7, 2014.90Betting Law of the Republic of Cyprus[2012], Law No. 106(I)/201291Id. at p. 13, Tables 15 and 16.92Id. 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


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following non-compliance with Ankaras wishes.94 Cemil Cicek, former Turkish

Minister for Cypriot Affairs and current Speaker of the Turkish Parliament,

freely admits that the TRNC government would go bankrupt without

Ankaras support.95

Turkey controls the political affairs of North, premising its financial

largess upon the formation of governing coalitions which are to its liking. 96

Turkey gives direction to TRNC ministers concerning its preferences for

election procedures and results. These ministers seek approval from Turkish

ministers on political reform.97 Contrary to international law, which forbids an

occupying power from compelling oaths of allegiance to the occupying power,98

members of the TRNCparliamentmust swear to be bound the principles of

Atatrk, the founder of the modern Turkish state, before assuming office.99

In sum, TRNC would not exist without Turkish patronage. 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 associatedwith an international armed conflict:

94Benjamin 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-bankrupt-

turkish-minister-tells-hurriyet.html95Id.96Id.(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-motion-

passed.aspx?pageID=238&nID=48251&NewsCatID=35198Hague Regulations, Art. 45.99Anayasa [Constitution] art. 82 (Turk. Rep. N. Cyprus)


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Turkeys occupation of Cyprus constitutes a conflict of an international

nature. A conflict is of an international nature when one High Contracting Party

to the Geneva Conventions engages in partial or total occupation of the

territory of a High Contracting Party.100 Turkey is a High Contracting Party to

the Geneva Conventions.101 Cyprus is also a High Contracting party to the

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 TRNChas 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 Turkeys control of northern Cyprus is in the context of an

100IV Geneva Convention, art. 2.101 Accession of Turkey to the Geneva Conventions, Feb. 10, 1954, 186 U.N.T.S. 973.102 Accession of Cyprus to the Geneva Conventions, May 23, 1962, 45 U.N.T.S. 573.103 Dan Bilefsky, On Cyprus Beach, Stubborn Relic of Conflict, N.Y. Times, Aug. 2, 2012 at A8.104 Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion,

2004 I.C.J. 136, 167 (July 9).105 S.C. Res. 541, U.N. Doc. S/RES/541 (Nov. 18, 1983).106 Turkey, 23 E.H.R.R. at 275.107 IV Geneva Convention, art 6.


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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 TRNCmilitary

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 TRNCarmed

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 factualcircumstances 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 Stefanos Evripidou, Turkish troop numbers upped in north , CyprusMail, Jul.

3, 2013, available at http://cyprus-mail.com/2013/07/03/turkish-troop-numbers-upped-in-north/109KKTC 2012, at p. 87.110 Hague Regulations, art. 42.


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continued armed conflict, and are aware of their settlement activities.111 In

addition to the Turkish military presence, substantial financial support to

TRNC, and settlement activity discussed above, all directed by Turkish

officials, Turkish presence at negotiations concerning the Cyprus situation is the

strongest evidence of Turkeys awareness of the existence of armed conflict.

Turkeys leaders have negotiated every year since 2002, when the ICC obtained

jurisdiction, for settlement of the Cyprus situation, especially in the context of

Turkeys application to join the European Union (EU).112 These negotiations

prove that Turkeys leaders know that the TRNC is a sham regime wholly

dependant upon Turkey for its existence. If TRNC were an independent

country with no dependence on Turkey, Turkey would not be involved in

negotiations over Cypruss future status and only TRNC officials would

engage in negotiations over Cypruss future. Turkeys presence at negotiations

proves not only that TRNC is an instrumentality of Turkey but also that its

officials know the full extent of their occupation and control of northern Cyprus.

6. Obligation of the Prosecutor to Initiate an Investigation

111 Yutaka Arai, The Law of Occupation: Continuity and Change of International Humanitarian Law, and Its

Interaction With International Human Rights Law 346 (2009)112Amanda 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.


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The Prosecutor is obligated, under Article 53(1) of the Rome Statute, to

initiate an investigation when the information made available to him indicates

that a case is:

a. Admissible to ICC Jurisdictionb. Grave, andc. In the interests of justice

6(a). Admissibility of this case to ICC jurisdiction:

This case is admissible for trial before the ICC under the criteria of Article

17 of the Rome Statute. War crimes are admissible for trial before the ICC where

national courts are unwilling or unable to prosecute offenders.113 A State is

unwilling to begin proceedings in its national courts when is shields a persons

from criminal responsibility, when it delays proceedings unjustifiably, or when

the proceedings in the case are neither independent nor impartial.114 A State is

unable to begin proceedings in its national courts when it is unable to obtain

custody of the accused.115

Turkey has shown a total unwillingness to prosecute any person for the

war crime of transferring civilian population of an occupying power into

occupied territory. Instead, Turkey rewards and promotes military and civilian

officials who participate in the occupation and colonization of Cyprus. Far from

113Article 17, Rome Stat.114Stuart Risch, Hostile Outsider or Influential Insider? The United States and the International Criminal Court,

2009 Army Law 61, 71 at n. 57.115Article 17, Rome Stat.


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being a criminal matter, commanders of Turkeys forces in Cyprus are frequently

promoted to the top of the Turkish military establishment. Of the five most

recent commanders of the Turkish Land Forces, four General officers, Erdal

Ceylanoglu, Hayri Kvrkolu, Isisk Kosaner and Hulusi Akar, were received

Turkeys top military job after commanding Turkish forces in Cyprus.116,117,118,

119.

Civilian officials are similarly promoted and rewarded for their service in

Cyprus. For example, Abdullatif Sener was Minister of State and had

responsibility for Cypriot Affairs in the Turkish government. As a Minister of

State, he oversaw a vast expansion of the sale of properties once held by Greek

Cypriots to foreigners.120 After an unrelated dispute with Turkish Prime

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.

117 Org. Hayri Kvrkolu kimdir?, CNN Trk, Sept. 8 2010, available athttp://www.cnnturk.com/2010/turkiye/08/09/org.hayri.kivrikoglu.kimdir/586074.0/index.html118 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,

2011.120N Cyprus property sales to foreigners increasing - Turkish minister, BBC International Reports (Europe), Sep.

12, 2004.121Abdllatif 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


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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


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,

123William A. Schabas, An Introduction to the International Criminal Court 233 (4thed. 2011).


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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. At present, there is no method of

accountability for Turkish officials who routinely commit the war crime of


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 The Turkish governments strategy of

Turkization,one in which the native Cypriot population is slowly replaced by

mainland Turks, renders the situation in the occupied areas of Cyprus

particularly grave. The minoritization of native populations as a result of

124International Criminal Court: Situation in the Republic of Cote DIvoire, 51 I.L.M. 228, 255 (Pre-Trial Chamber

III, 2012).125Jann N. Kleffner, Complementarity in the Rome Statute and National Criminal Jurisdictions 3-4 (Ruth

Mackenzie et. al eds. 2008).126Triffterer at 362, 85.


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population transfer is an especially grievous war crime which the prosecutor

should investigate.127

As discussed above, Turkeys activities will soon render native Cypriots a

minority in the occupied area of Cyprus.128 Already, Turkish Cypriots complain

of serious disruptions to their culture. According to Dr. Vamk Djemal Volkan,

founder of the International Society of Political Psychology, Turkish Cypriots

profoundly fear the loss of their community and feel a creeping sense of second-

class status because of Turkeys promotion of mainland Turkish settlement in

northern Cyprus.129 Additionally, as discussed above, Turkeys tourism,

educational and infrastructure development activities are directed exclusively

towards Turkish settlers and Cypriots. Greek Cypriots cannot utilize the

facilities or institutions constructed by Turkish authorities in the zone of

occupation.130 Measures which divide a population along ethnic lines are

especially grave violations of the Rome Statute and are prohibited by

international law. Specific distinctions which totally exclude racial or ethnic

groups and cause the creation of separate reserves and ghettos for the members

of a racial group or groups, and the expropriation of real property constitute the

127Richard 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)128Seesupra at n. 15.129Kbrs'ta Trk'ler kutuplayor, Gavetici.tv (Turkey), Jul. 8, 2011, available athttp://www.gazeteci.tv/kibris-

turku-kutuplasiyor-121813h.htm130Seesupra at n. 26, 27, 37.


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crime of segregation and apartheid.131 The crime of segregation and apartheid

causes the conduct in question to be particularly grave.132 Therefore, the

prosecutor should initiate an investigation because of the apartheid aspect of

Turkeys occupation exacerbatesthe gravity that this situation poses.

The passage of time since the original invasion does not moot Turkeys

injustice towards displaced Cypriots, nor does it render the situation less grave.

On the contrary, the continuing nature of Turkeys occupation and settlement

enterprise, and its flouting of its responsibilities under international

humanitarian law magnifies the gravity of the situation.133 Turkey remains

bound by its obligations under international humanitarian law until its

occupation ends.134

If the Prosecutor does not open an investigation, and Turkeys conduct

continues unabated, Turkey may annex northern Cyprus. According to Turkeys

European Union Affairs Minister Egemen Bagis, if negotiations over the future of

Cyprus are not concluded to its satisfaction, Turkey may end the charade that is

TRNC and simply incorporate the northern area of Cyprus into Turkey.135

One of the key purposes of the Rome Statutes prohibition against population

131Richard 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).132Id. at 52.133 Benvenisti at 99134 IV Geneva Convention, art. 47135 Emre Pekre, Turkey May Annex North Cyprus If No Reunification, Kibris Say, Bloomberg News, Mar. 5, 2012


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transfer is to prevent an occupying power from achieving a fait accomplis in

which it has homogenized an occupied territory into a part of occupying

country.136 An occupying power cannot unilaterally annex territory that it has

acquired through belligerency.137It may not deny, through annexation, the right

of the occupied people to self determination.138 If the prosecutor does not

investigate, and Turkey instead incorporates northern Cyprus into Turkey, the

Rome Statutes prohibition on population transfer will be a nullity, because

Turkey will have accomplished one of the ultimate ends against which the

statute is directed. Therefore, the Prosecutor should view this situation as

particularly grave, and open an investigation.

6(c). A preliminary investigation is in the interests of justice:

The Prosecutor should open a preliminary investigation because it is in the

interests of justice. Over 200,000 Greek Cypriots were displaced from their

homes as a result of Turkeys invasion and control of northern Cyprus.139 These

displaced Cypriots have an absolute right under international humanitarian law

to return to their homes, accruing upon the cessation of active hostilities.140 In

spite of this guarantee, Cypriot refugees are unable to return to their homes

136 Triffterer 363 at 87.137 Pictet Commentaries at 274.138 Crawford Opinion,supra n. 42, 18, 46139 Cyprus government give refugees homes, Reuters, June 27, 1996140 Pictet Commentaries at 280.


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because of Turkeys continued military occupation of the northern half of

Cyprus. Only an investigation by the Prosecutor, and subsequent proceeding by

the Court, is adequate to address the continuing wrong which Turkey commits

through its occupation because the available remedy does not end the refugee

status of Greek Cypriots displaced from the North.

The only remedy Turkey makes available to Greek refugees is to obtain

compensation from the TRNC Immovable Property Commission (IPC) for

property expropriated by Turkey and transferred, frequently to Turkish settlers

or their descendants.141 This remedy is inadequate, is discriminatory against

Greek Cypriots, and is a pretext for illegally depriving Greek Cypriots of their

property. The TRNCconstitution purports to void the title of Greek Cypriots

to their properties.142 Applicants to the IPC are therefore denied, ab initio, the

ability to regain the use and enjoyment of the properties to which they hold

title.143 Further, this remedy does not allow Greek Cypriots to effectuate their

right to return to that portion of Cyprus to of which they are native. This right is

guaranteed to them by international law.144 Only a cessation of Turkeys

occupation of the northern half of Cyprus will allow Greek Cypriot refugees to

fully enjoy the rights which international law guarantees to them. An

141Demopoulous v. Turkey, 2010 E.H.R.R. 50 SE 14, 103 (Jan. 3)142 Anayasa [Constitution] art. 159 (Turk. Rep. N. Cyprus)143Demopoulous, 2010 E.H.R.R. 50 at 110.144 G.A. Res. 194 (III), 11, U.N. Doc. A/RES/194 (Dec. 11, 1948).


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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

The information presented above is only a preliminary collection of evidence,

but it gives rise to significant concerns that Turkey has engaged in a continuing

course of conduct in which it has committed grave crimes falling within the

jurisdiction of the Court. The available evidence provides a compelling case for

an investigation in accordance with the Prosecutors obligation under Article 53

of the Statute. Based upon the information contained herein, THE

COMPLAINTANTS respectfully submit that proper cause exists for the

Prosecutor to initiate an investigation into the crimes committed within the

Courts jurisdiction, arising from the continued civilian displacement, ethnic

cleansing, and settlement activity of Turkey, arising from the situation in Cyprus.

MEP COSTAS MAVRIDES


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Parlement EuropenBt. Altiero Spinelli 09G310 60, rue WiertzWiertzstraat 60 B-1047 Bruxelles/BrusselPhone +32(0)2 28 45648Email: [email protected]

CYPRIOTS AGAINST TURKISH WAR CRIMES

Athan TsimpedesTsimpedes Law Firm11 Dupont Circle, Suite 500Washington, DC 20036Phone:202-464-9910Fax:202-747-2947

Email: [email protected]

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