European Council President Antonio Costa and European Commission President Ursula von der Leyen on Tuesday offered “solidarity” to both Greece and Cyprus after the Libyan parliament had earlier in the day ratified a maritime boundary agreement with Turkey which both Greece and the Republic of Cyprus consider to be illegal.
“We deeply regret the ratification today by the Libyan parliament of the so-called Libyan-Turkey memorandum of understanding on the delimitation of maritime jurisdictions in the Mediterranean Sea. We recall that the EU’s position on this matter was clearly stated by the European Council in 2019 and remains unchanged,” they said.
They added that the agreement “infringes upon the sovereign rights of third states”, “does not comply with the law of the sea”, and “is null and void”.
“We reaffirm our solidarity with Greece and Cyprus. We reiterate the EU’s well-known position against any outside interference in Libya,” they said.
The European Council’s conclusions on December 12, 2019, had stated similarly that the agreement “infringes upon the sovereign rights of third states, does not comply with the law of the sea, and cannot produce any legal consequences for third states”.
Libya’s parliament voted unanimously to adopt agreement
Earlier on Tuesday, the Libyan parliament voted unanimously to adopt the agreement, which states that Libya and Turkey agree that their respective exclusive economic zones share a border in the Mediterranean sea, and that that border is located southeast of the Greek island of Crete.
The ratification came on a day on which a day on which Turkey’s national intelligence organisation (Mit)’s chief Ibrahim Kalin was in the country to meet Libya’s government of national unity’s Prime Minister Abdulhamid Dibeybe.
Turkey had signed an agreement with the Libyan government of national accord in 2019, but it had not until Tuesday been ratified by Libya’s legislature. The government of national unity superseded the government of national accord in 2021 and is now the sole internationally recognised government of Libya.
After the agreement was signed, Cypriot Foreign Minister Constantinos Kombos and his Greek counterpart Giorgos Gerapetritis held a telephone call, after which both ministries released condemnatory statements.
“The Republic of Cyprus’ foreign ministry condemns the Libyan parliament’s decision to approve the illegal Turkish-Libyan ‘memorandum of understanding’ of 2019. This ‘memorandum’ violates the sovereign rights of third states and is contrary to the recognised principles of the United Nations convention on the law of the sea,” the Cypriot ministry said.
It added that the agreement also violates “customary international law regarding the rights of islands in maritime zones, including the exclusive economic zone and the continental shelf”.
“Therefore, the foreign ministry continues to consider the said ‘memorandum’ illegal, null and void, and that it does not produce, in any way, legal effects against third states,” it said.
Turkey is not an Unclos signatory, Libya signed but did not ratify
Greece’s foreign ministry said that that it “rejects” it and that the decision “does not change the illegal, null and void nature of the memorandum, which is contrary to the international law of the sea and violates the sovereign rights of the states of the region”.
“Geography and the international law of the sea do not change with unilateral, legally unfounded parliamentary decisions. Turkey and Libya do not have opposing or adjacent coasts which would provide a legal basis for the attempted delimitation of maritime zones,” it added.
While Greece and the Republic of Cyprus are signatories to the United Nations convention on the law of the sea (Unclos), Turkey is not, and while Libya under its then leader Muammar Gadaffi signed the convention in 1984, no Libyan legislature ever ratified the signature.
Turkey’s belief is that the convention gives too much weight to islands, which it says should instead only be allowed 12 nautical miles of territorial waters as their own exclusive economic zone (EEZ), whereas Greece believes that its islands are entitled to full EEZs of their own.
As such, Turkey’s view is that its own EEZ stretches south to meet Libya’s EEZ, and as of Wednesday, Libya agrees, whereas Greece’s position is that Turkey and Libya do not share a maritime border because the sea in question belongs to Crete.
Given this to be the case, Turkey’s presidential press office director Burhanettin Duran described Tuesday’s vote as “an important advancement towards protecting the shared rights and interests of both nations in the eastern Mediterranean, establishing maritime jurisdiction areas on the basis of equity, and strengthening regional cooperation”.
“Under the leadership of our President Recep Tayyip Erdogan, Turkey will continue to safeguard its rights and interests within the Blue Homeland, while further developing its relations with friendly and brotherly Libya and promoting equitable resource sharing, peace, and stability in the eastern Mediterranean”.