Cyprus is a difficult and complex issue. It has a long history
and remains unresolved today. But the issue ultimately revolves
around one central fact: the existence of two distinct peoples
on the island, the Turkish Cypriots and the Greek Cypriots. Their
language, culture, national origin and religion, as well as their
aspirations, are different. However, they are equal to one another
in determining the destiny of the island. Hence, the story of
Cyprus is essentially the story of the relationship between these
two peoples.
This booklet is about that relationship from the point of view
of international law. It is designed to meet an essential need,
namely, an in-depth legal analysis of the political equality of
the two sides in Cyprus. For too often this equality has been
denied or ignored for reasons of political expediency and the
Turkish Cypriot views have not been properly appreciated because
the legal underpinning's were generally lacking.
The five sections of this booklet provide the legal background
necessary for a balanced understanding of the Cyprus question.
The booklet contains three legal opinions, one on the right of
self-determination of the Turkish Cypriot people and two on the
status of the two communities in the island, as well as a legal
memorandum on the subject occasioned by the unilateral Greek Cypriot
application for membership to the European Communities. They together
shed light on the major aspects of international law issues involved
in, and relevant to, the Cyprus question. It should be remembered
that legal opinions are regarded as objective expressions of the
law under the authority of their authors.
The author of two of the three opinions is Mr. Elihu Lauterpacht, CBE, QC, a Fellow of Trinity College, Cambridge, who has been
Reader in International Law since 1981. He is at present the Director
of the Research Centre for International Law in Cambridge.
The author of the third opinion, Mr. Monroe Leigh, is at present
a member of a private legal firm, Steptoe & Johnson, Washington,
D.C. , and a member of the Legal Adviser's Public Advisory Committee
on International Law, U.S. Department of State. He was Legal Adviser
to the Department of State, Washington, by Presidential Appointment
during January 1975 to January 1977.
The legal issues expounded in the opinions of the above mentioned
distinguished lawyers, in the context of the Cyprus question,
are particularly relevant at the present time, in the light of
the United Nations Security Council Resolution 649 (1990) of 12
March 1990, which called upon the parties "to pursue their
efforts to reach freely a mutually acceptable solution" in
the from a bi-communal, bi-zonal federation. This resolution confirmed
the conceptual framework underlining the principle that a settlement
is only possible if the two politically equal sides are freely
able to reach a mutually acceptable solution through direct talks-a
point which formed the basis of the United Nations Secretary-General's
report to the Security Council on 8 March 1990 (S/21183), which
contained, inter alia, the following significant passage:
"Cyprus is the common home of the Greek Cypriot community
and of the Turkish Cypriot community. Their relationship is not
one of majority and minority, but one of two communities in the
State of Cyprus. The mandate given to me by the Security Council
makes it clear that my mission of good offices in with the two
communities. My mandate is also explicit that the participation
of the two communities in this process is on an equal footing.
The solution that is being sought is thus one that must be decided
upon by, and must be acceptable to, both communities. It must
also respect the cultural, religious, social and linguistic identity
of each community."
Resolution 649 (1990) was the result of this report of the Secretary
General to the Security Council.
