Cyprus’ foreign ministry on Friday declared the maritime boundary agreement signed by the governments of Turkey and Libya to be both “illegal” and “null and void” after it was ratified by the Libyan parliament earlier in the day.
“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,” it 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.
The Libyan parliament’s spokesman Abdullah Bliheg had said earlier in the day that the legislature had “voted unanimously” to adopt the agreement, on 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 The government of national unity superseded the government of national accord in 2021 and is now the sole internationally recognised government of Libya.
Turkey and Libya officially agree that their EEZs share a border
As a result of the agreement, 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.
Greece, too, reacted furiously to the Libyan parliament’s approval of the deal, with the country’s foreign ministry 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.
It then said that the agreement “also disregards the Greek islands and their rights to maritime zones based on [the United Nations convention on the law of the sea] Unclos and customary international law”.
“Having already concluded maritime delimitation agreements with Egypt and Italy, in accordance with the international law of the sea, Greece has demonstrated its respect for international law and the sovereign rights of neighbouring states. We call on the Libyan side to refrain from any action which is contrary to international law and undermines stability in the eastern Mediterranean,” it said.
It added that it has “already informed its partners and allies” and that it will “take all appropriate action to safeguard its sovereign rights”.
Turkey is not an Unclos signatory, Libya signed but did not ratify
In this, the country’s Foreign Minister Giorgos Gerapetritis had earlier held a telephone call with his Cypriot counterpart Constantinos Kombos shortly after the Libyan parliament voted on the matter.
While Greece and the Republic of Cyprus are signatories to 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”.