Cypriots seek to end Turkey's Impunity
17 July is International Justice Day, which recognises the emerging system of international
criminal justice. Lobby for Cyprus has chosen to mark this day by joining the most recent
complaint before the International Criminal Court (ICC). Lobby for Cyprus has joined the
complainant group, Cypriots Against Turkish War Crimes (CATWC) in their criminal complaint
against Turkish government officials before the ICC. The complaint was filed on the eve of the
40th anniversary of the Turkish invasion.
The petitioners call on the ICC prosecutor to open an investigation into ongoing Turkish crimes
on the territory of the Republic of Cyprus, and in particular, the continued growth of Turkish
settlements in the occupied territory. The Turkish occupation is one of the most brazen settlement
enterprises in modern times, as colonists from the Turkish mainland now constitute as much as
half the population of the occupied territory.
The communication was filed by Athan Tsimpedes who represents the complainant CATWC, an
informal association, recently formed as a result of the issues that continue to this day from the
Turkish Invasion of Cyprus in 1974. One of the main issues is the continued maintenance and
establishment of Turkish settlements that affects the members of CATWC and Cyprus. The goal
of CATWC is to create awareness, debate and discussion to the public about Turkey's War
Crimes towards Cypriots. CATWC is represented by Athan Tsimpedes of the Tsimpedes Law
Firm, Washington DC. The Shurat HaDin Law Center assisted in researching and drafting the
complaint.
This unprecedented demand for a war crimes investigation seeks to end the impunity Turkey has
enjoyed for its criminal conduct since it invaded the island Republic on July 20, 1974. Turkey's
settlement activity in northern Cyprus is well-documented, having been recognized by the
European Court of Human Rights and the United Nations. Yet despite this, and despite its
occupation of an EU member state, Turkey and its leaders have avoided any legal consequences
for their crimes.
An investigation by the Court's prosecutor would be the first attempt to shine the harsh light of
international criminal justice on the Turkish occupation. The complaint demonstrates that Turkey
is in blatant and systematic violation of Art. 8(2)(b)(viii) of the Court's Statute, which prohibits an
occupying power from directly or indirectly transferring its civilians into the occupied territory.
Turkey has, continuously since the invasion, recruited, encouraged and transported Turks from
rural areas of the mainland to come settle the occupied territory. The demographic magnitude of
the settler establishment threatens the feasibility of a mutually-acceptable end to the conflict.
According to Dr Theodora A Christou (a Consultant at Tsimpedes Law Firm and Executive
Member of Lobby for Cyprus), “The present case focuses on the transfer of Turkish nationals to
the area of Cyprus it occupies. This does not only concern the transfer of people, but also
touches on a number of issues, including the redistribution of property, the creation of
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‘universities’, the financial incentives offered to move to Cyprus, the development of the
infrastructure, involvement in the energy industry and tourism development – all of these activities
are unlawful and an occupying power is prohibited under international law from conducting them
to the extent that Turkey has in Cyprus.”
Cyprus has been a member of the Court since its establishment in 2002. No nation recognizes
the legitimacy of sovereignty of the Turkish occupation regime in northern Cyprus. The fact that
Turkey occupies a part of Cyprus does not affect the ICC’s jurisdiction over the entire island.
Thus, the ICC clearly has jurisdiction over the war crimes committed by the Turkish government
in the occupied territory. Whilst, the ICC will only investigate acts committed after 2002, the
seriousness of the crime remains the same and statistics indicate that after 2002 the transfer of
populations to the occupied areas has in fact accelerated.
ENDS
Note to editors:
• The full communication can be downloaded from the Tsimpedes Law Firm, where details of how
to join CATWC can also be found. http://www.tsimpedeslaw.com/icc-complaint.html
• 17 July was chosen because it is the anniversary of the adoption of the Rome Statute, the
Treaty that created the International Criminal Court.
• The Republic of Cyprus was invaded by Turkish troops in 1974.
• Turkey maintains an illegal occupation in the north of the island with 40,000 troops in violation of
UN Security Council resolutions.
• 200,000 Greek Cypriot refugees and displaced persons are prevented from returning to their
homes in the occupied north.
• Turkey continues its policy of colonising the occupied territory with hundreds of thousands of
Turkish nationals in an attempt to alter the demography of the island, in violation of the Geneva
convention.
• Lobby for Cyprus is a non-party political NGO that campaigns for a united Cyprus.
