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GIVING TURKEY A DOSE OF ITS OWN MEDICINE?
By YONAH JEREMY BOB
07/14/2014 09:12
Israeli NGO assists Cypriots in filing war crimes complaint against
Turkey over occupation.
GIANT Turkish flag is seen displayed on the side of a mountain
near Nicosia in Turk-occupied Cyprus Photo: reuters An Israeli NGO
has assisted Cypriots in filing a war crimes complaint with the
International Criminal Court prosecutor against Turkey over its
occupation of Northern Cyprus. The complaint, filed on Tuesday and
referred to as a communication, was made on the 40th anniversary of
Turkey's occupation of the northern part of Cyprus.
The NGO, Shurat HaDin-Israel Law Center, has been involved in a wide
range of human-rights cases and substantially assisted in researching
and drafting the complaint on behalf of Greek Cypriot groups, including
Cypriots Against Turkish War Crimes (CATWR) and MEP Costas Mavrides.
CATWR is an association comprised mainly of Cypriots and refugees
from the Turkish invasion of Cyprus.
The petitioners call on the ICC prosecutor to open an investigation
into ongoing alleged Turkish crimes against Cyprus, in particular
the continued maintenance and establishment of Turkish settlements
in the occupied territory.
The complaint alleges that "the Turkish occupation is one of the most
brazen settlement enterprises in modern times."
Around 50,000 Turkish citizens lived in the now Turkish part of
Cyprus in 1996. Since then, as a result of Turkey's aggressive
policies - including alleged forced "displacement" of Cypriots from
their homes and the alleged "murder or disappearances of thousands
of Greek Cypriots" - have increased the number of Turkish settlers
to 100,000, who now constitute around half of the population in the
self-proclaimed Turkish Republic of Northern Cyprus.
The communication describes the Turkish government's systematic
policy to bolster its control over Northern Cyprus, encouraging
ethnic Turkish immigration while acting aggressively to transfer
native Cypriots out of the territory.
The case could have vast repercussions as it puts Turkey on the
defensive in the arena of lawfare - waging war against adversaries
through law - for the first time, an arena that Turkey has routinely
tried to use against Israel.
Turkey has sponsored war crimes trials against Israelis in its own
country relating to the Mavi Marmara raid in 2010, and reportedly
sponsored the Comoros Islands' May 2013 complaint to the ICC against
Israelis.
At the same time, some might question the wisdom of setting
anti-settlement precedents by going after Turkey for settlement and the
removal of locals from an "occupied" territory in light of threats by
the Palestinians to go after Israel before the ICC on its settlements.
Shurat HaDin said the two situations are "apples and oranges."
Regarding the complaint against Turkey, even if neither the UN Security
Council nor a state party - in this case Cyprus - officially asks for
a war crimes investigation, the ICC prosecutor can still initiate
an investigation and eventually an indictment if provided with a
complaint which applies to an ICC member state.
Cyprus joined the ICC upon its establishment in 2002 and since no
nation besides Turkey itself recognizes the legitimacy of Turkish
sovereignty in Northern Cyprus, the petitioners say the ICC has
jurisdiction over any crimes committed in occupied Cyprus.
A statement regarding the complaint said the demand for a war crimes
investigation seeking to "end the impunity Turkey has enjoyed for
its criminal conduct since it invaded the island Republic on July 20,
1974" was unprecedented.
The complaint points out that Turkey's settlement activity since 1974
- but more importantly since 2002, which is the earliest year for
which the ICC can prosecute - in Northern Cyprus is "well documented,"
having been declared as illegal by the European Court of Human Rights
and the UN.
The statement added that despite this illegality, "and despite its
occupation of an EU member state, Turkey and its leaders have avoided
any legal consequences for their crimes."
It said an investigation by the ICC prosecutor would be the "first
attempt to shine the harsh light of international criminal justice
on the Turkish occupation."
Among the many obstacles to successfully moving forward with an
investigation is the fact that the ICC only handles a short list of
war crimes specified in its governing Rome Statute, which went into
effect in 2002.
The complaint claims that Turkey is in "blatant and systematic
violation" of Article 8(2)(b)(viii) of the Rome Statute, which
prohibits an occupying power from directly or indirectly transferring
its civilians into the occupied territory - that is, importing
settlers.
The petitioners contend that Turkey has "openly done just that
continuously since the invasion." They allege that Turkey has actively
recruited, encouraged and transported Turks from rural areas of the
mainland to come settle the occupied territory.
Moreover, they argue that the current "demographic magnitude of the
settler establishment threatens the feasibility" of a negotiated
solution to the conflict.
According to Mavrides, "the settlement and other crimes committed in
the occupied part of Cyprus by Turkish officers is not a political
issue. It is a matter of international law and justice."
"Now, it is up to the ICC to investigate the facts and decide in favor
of civilization and human rights," he said, adding that hopefully
the ICC would bring "the criminals to justice."
As a boy Mavrides was forced to flee Northern Cyprus along with his
family in the face of the Turkish invasion, and his home area has
remained under Turkish occupation ever since.
http://www.jpost.com/Diplomacy-and-Politics/Giving-Turkey-a-dose-of-its-own-medicine-362668
From: Baghdasarian
By YONAH JEREMY BOB
07/14/2014 09:12
Israeli NGO assists Cypriots in filing war crimes complaint against
Turkey over occupation.
GIANT Turkish flag is seen displayed on the side of a mountain
near Nicosia in Turk-occupied Cyprus Photo: reuters An Israeli NGO
has assisted Cypriots in filing a war crimes complaint with the
International Criminal Court prosecutor against Turkey over its
occupation of Northern Cyprus. The complaint, filed on Tuesday and
referred to as a communication, was made on the 40th anniversary of
Turkey's occupation of the northern part of Cyprus.
The NGO, Shurat HaDin-Israel Law Center, has been involved in a wide
range of human-rights cases and substantially assisted in researching
and drafting the complaint on behalf of Greek Cypriot groups, including
Cypriots Against Turkish War Crimes (CATWR) and MEP Costas Mavrides.
CATWR is an association comprised mainly of Cypriots and refugees
from the Turkish invasion of Cyprus.
The petitioners call on the ICC prosecutor to open an investigation
into ongoing alleged Turkish crimes against Cyprus, in particular
the continued maintenance and establishment of Turkish settlements
in the occupied territory.
The complaint alleges that "the Turkish occupation is one of the most
brazen settlement enterprises in modern times."
Around 50,000 Turkish citizens lived in the now Turkish part of
Cyprus in 1996. Since then, as a result of Turkey's aggressive
policies - including alleged forced "displacement" of Cypriots from
their homes and the alleged "murder or disappearances of thousands
of Greek Cypriots" - have increased the number of Turkish settlers
to 100,000, who now constitute around half of the population in the
self-proclaimed Turkish Republic of Northern Cyprus.
The communication describes the Turkish government's systematic
policy to bolster its control over Northern Cyprus, encouraging
ethnic Turkish immigration while acting aggressively to transfer
native Cypriots out of the territory.
The case could have vast repercussions as it puts Turkey on the
defensive in the arena of lawfare - waging war against adversaries
through law - for the first time, an arena that Turkey has routinely
tried to use against Israel.
Turkey has sponsored war crimes trials against Israelis in its own
country relating to the Mavi Marmara raid in 2010, and reportedly
sponsored the Comoros Islands' May 2013 complaint to the ICC against
Israelis.
At the same time, some might question the wisdom of setting
anti-settlement precedents by going after Turkey for settlement and the
removal of locals from an "occupied" territory in light of threats by
the Palestinians to go after Israel before the ICC on its settlements.
Shurat HaDin said the two situations are "apples and oranges."
Regarding the complaint against Turkey, even if neither the UN Security
Council nor a state party - in this case Cyprus - officially asks for
a war crimes investigation, the ICC prosecutor can still initiate
an investigation and eventually an indictment if provided with a
complaint which applies to an ICC member state.
Cyprus joined the ICC upon its establishment in 2002 and since no
nation besides Turkey itself recognizes the legitimacy of Turkish
sovereignty in Northern Cyprus, the petitioners say the ICC has
jurisdiction over any crimes committed in occupied Cyprus.
A statement regarding the complaint said the demand for a war crimes
investigation seeking to "end the impunity Turkey has enjoyed for
its criminal conduct since it invaded the island Republic on July 20,
1974" was unprecedented.
The complaint points out that Turkey's settlement activity since 1974
- but more importantly since 2002, which is the earliest year for
which the ICC can prosecute - in Northern Cyprus is "well documented,"
having been declared as illegal by the European Court of Human Rights
and the UN.
The statement added that despite this illegality, "and despite its
occupation of an EU member state, Turkey and its leaders have avoided
any legal consequences for their crimes."
It said an investigation by the ICC prosecutor would be the "first
attempt to shine the harsh light of international criminal justice
on the Turkish occupation."
Among the many obstacles to successfully moving forward with an
investigation is the fact that the ICC only handles a short list of
war crimes specified in its governing Rome Statute, which went into
effect in 2002.
The complaint claims that Turkey is in "blatant and systematic
violation" of Article 8(2)(b)(viii) of the Rome Statute, which
prohibits an occupying power from directly or indirectly transferring
its civilians into the occupied territory - that is, importing
settlers.
The petitioners contend that Turkey has "openly done just that
continuously since the invasion." They allege that Turkey has actively
recruited, encouraged and transported Turks from rural areas of the
mainland to come settle the occupied territory.
Moreover, they argue that the current "demographic magnitude of the
settler establishment threatens the feasibility" of a negotiated
solution to the conflict.
According to Mavrides, "the settlement and other crimes committed in
the occupied part of Cyprus by Turkish officers is not a political
issue. It is a matter of international law and justice."
"Now, it is up to the ICC to investigate the facts and decide in favor
of civilization and human rights," he said, adding that hopefully
the ICC would bring "the criminals to justice."
As a boy Mavrides was forced to flee Northern Cyprus along with his
family in the face of the Turkish invasion, and his home area has
remained under Turkish occupation ever since.
http://www.jpost.com/Diplomacy-and-Politics/Giving-Turkey-a-dose-of-its-own-medicine-362668
From: Baghdasarian