International Law on the Turkish Military Intervention of Cyprus: the Argument from the Treaty of Guarantee
Dr Iacvos Kareklas
The present article examines the legal context to the Turkish invasion in Cyprus 1974. On the one hand, the main legal argument put forward by Turkey in order to justify the intervention, which was based on the Republic of Cyprus Treaty of Guarantee, is put under scrutiny; international legal theories on the legality of intervention envisaged by Treaty are judiciously presented. On the other, the diplomatic background to the Treaty in question is explored in the light of UN documents, UK Parliamentary Debates, available Foreign Office Files in an effort to verify whether a right to military intervention was expressly provided for. Then the conduct of Turkey is tackled on the hypothesis that she did have a right to intervene, though it is hereby proved that the Guarantee Treaty does not expressly provide for a right of military intervention. Finally, it is stressed how the preceding discussion can be useful for security arrangements in the context of the current negotiations for a settlement to the pending international Cyprus question.
