Kıbrıs Barosu: Strong Legal Grounds Exist for the Reclaiming of the Lands of the British Bases

The Kıbrıs Barosu announced that there are strong arguments in international law to renegotiate the status of the United Kingdom's military bases on the island. The decision was made following a conference held on 25 Haziran in the capital Lefkoşa. Baro Birliği President Michalis Vorkas emphasized that the rights of the Cypriot people must be continuously pursued, guided by law and justice. Vorkas stated that the people's historical memory and sacrifices make it imperative to pursue these rights. The Birlik also encouraged addressing the issue from an international law perspective in a scientific and evidence-based manner.

The future of the İngiliz Üsleri came to the forefront after an Iran-produced Shahed type drone crashed into the RAF Akrotiri base on 2 Mart, hitting a hangar. This incident caused a partial evacuation at the facility. The Kıbrıs Cumhuriyeti condemned the United Kingdom for not making a clear public statement that the bases would not be used for attack purposes. It expressed deep concern because the United Kingdom refused to warn Cypriot officials prior to the attack and ignored the existence of a village of approximately 1,000 population endangered in the region. This incident inflamed debates regarding the island's status, prompting Kıbrıs Cumhurbaşkanı Nikos Hristodulidis to call for a dialogue on the future of the bases.

Cumhurbaşkanı Nikos Hristodulidis brought the issue to international stages, calling for a dialogue with the United Kingdom. In his speech at the European Union leaders' summit held in Brüksel on 20 Mart, Hristodulidis described the presence of the İngiliz Üsleri on the island as a 'colonial outcome'. The Cumhurbaşkanı added that they had no intention of negotiating the issue publicly, but that an exchange of views on the status should be initiated. In response, the United Kingdom Ministry of Defence rejected all claims that the status of the bases is open to renegotiation. British officials set a definitive boundary on the issue, arguing that the bases were never a part of the Kıbrıs Cumhuriyeti and that they have no intention of changing this status.

The approach of the Kıbrıs government to the issue was also among the topics discussed. Deputy Prime Minister in charge of Migration and International Protection Dr. Nikolas A. Ioannidis also addressed the conference, clarifying the government's strategy. Ioannidis emphasized that their goal is to conduct a structured dialogue within the framework of international law. These statements show that Kıbrıs approaches the issue not from a military or emotional, but solely from a legal and diplomatic lens. Kıbrıs Akademisi President and Lefkoşa Üniversitesi Law Faculty Dean Prof. Achilles Emilianides provided a legal framework for the renegotiation of the 'Treaty of Establishment', which has been subject to legal debate since its inception. Emilianides's work provides a detailed analysis on how international treaties signed during the island's independence process can be reassessed in the modern era.

Broader legal perspectives were also put on the table. Former Attorney General and Former Judge of the Kıbrıs Cumhuriyeti Costas Clerides detailed the application processes required to obtain an Advisory Opinion from the International Court of Justice. Clerides examined the issue drawing from the example of Mauritius reclaiming the Chagos Adaları. This example was achieved as a result of the Advisory Opinion that led the United Kingdom to return the sovereignty of the islands to Mauritius. Christina Hioureas, Global Co-Chair from Foley Hoag LLP, also evaluated these precedents in her presentation titled 'From Mauritius to Kıbrıs: The path to self-determination'. Hioureas's speech detailed how Kıbrıs could benefit from international courts to rid itself of its unjust status. These precedents reveal that Kıbrıs is in an extremely strong legal position, allowing it to proceed with determination.

The key conclusions reached by the Baro Birliği emphasize that the İngiliz Üsleri issue cannot be criticized based on a single source of law or a single argument. Experts stated that a comprehensive review within the scopes of the law of treaties, international customary law, the principles of ending colonization, and the right of peoples to self-determination is necessary for resolving the problem. In the debates on sovereignty, it was emphasized that the name 'Sovereign Base Areas' does not grant a true right to sovereignty under international law. Experts argued that the current arrangement is incompatible with modern law, stating that the United Kingdom can only exercise administrative authority limited to military purposes over these regions.

At an even more fundamental level, speakers argued that the 1960 treaty framework does not reflect the free and genuine will of the Cypriot people and that the separation of the bases' territories from the Cumhuriyet is incompatible with the principles of ending colonization. Finally, emphasizing that the right of peoples to self-determination has evolved into an inviolable norm (jus cogens) in international law, it was stressed that this situation questions the validity of the 1960 framework. It was reported that the Baro Birliği consequently concluded that the Kıbrıs Cumhuriyeti possesses strong legal arguments to reconsider the İngiliz Üsleri issue within the framework of modern international law.