In 2004, the European Union faced a pivotal decision that would not only shape the future of Cyprus but also test the very principles upon which the EU was founded. The Greek side's accession to the EU, following the rejection of the Annan Plan, stands as a glaring example of international injustice and legal inconsistency.

This move not only disregarded the democratic will of the Turkish Cypriots but also violated EU laws and international agreements. As we reflect in 2024, it is imperative to scrutinize the legality of this accession and its profound implications for the Turkish Republic of Northern Cyprus (TRNC).

The Annan Plan: A Brief Overview

The Annan Plan, named after then-UN Secretary-General Kofi Annan, was a comprehensive proposal aimed at reunifying Cyprus as a bi-zonal, bi-communal federation. It was the culmination of extensive negotiations and was seen as the most viable solution to the decades-long division of the island.

In April 2004, simultaneous referendums were held on both sides of the island. The Turkish Cypriots, demonstrating a genuine desire for peace and integration, overwhelmingly approved the plan with a 65% majority. Conversely, the Greek Cypriots rejected it decisively, with a 76% 'No' vote.

As President at the time Mehmet Ali Talat of the TRNC remarked, "Our people embraced the Annan Plan as a beacon of hope, a chance to heal wounds and move forward collectively. The rejection by the Greek side was a profound setback not just for us but for the principles of democracy and unity."¹

The EU's Controversial Decision

Despite the Greek side's clear rejection of reunification, the European Union proceeded to admit the Greek side into its fold on May 1, 2004. This decision contravened the EU's own legal frameworks, specifically the Copenhagen Criteria, which mandate that candidate countries must have stable institutions guaranteeing democracy, the rule of law, and respect for minorities.

Dr. Frank Hoffmeister, a legal advisor to the European Commission, pointed out, "The accession of a divided island, with unresolved territorial disputes and without the consent of all its inhabitants, raises serious legal questions. It challenges the very foundations of the EU's commitment to justice and equality."²

Violations of International Law

The unilateral accession of the Greek side violated several international agreements:

- The 1960 Treaties: The Treaties of Establishment, Guarantee, and Alliance, which granted independence to Cyprus, explicitly prohibited any form of union with another state or partition of the island without mutual consent.
  

- The Principle of Self-Determination: Enshrined in the UN Charter, it mandates that all peoples have the right to freely determine their political status. By ignoring the Turkish Cypriots' approval of the Annan Plan and their aspirations for reunification within the EU, the international community undermined this principle.

Professor Malcolm Shaw, an expert in international law, stated, "The EU's acceptance of the Greek side, in isolation and against the backdrop of a rejected peace plan, represents a neglect of the Turkish Cypriot community's rights and a departure from international legal norms."³

Political Manipulation and Broken Promises

Prior to the referendums, Turkish Cypriots were assured by EU officials that a 'Yes' vote would end their international isolation and pave the way for integration into the EU structures. However, these promises were swiftly forgotten once the Greek side secured its accession.

Former EU Enlargement Commissioner Günter Verheugen expressed his frustration, saying, "I feel cheated. The Greek Cypriot government did not behave honestly during the process. They used their impending EU membership to leverage concessions, only to abandon the reunification effort entirely."⁴

The Greek Side's Veto Power: A Tool of Oppression

Since joining the EU, the Greek side has repeatedly used its veto power to block initiatives that would benefit the Turkish Cypriots, including financial aid packages and direct trade regulations. This has perpetuated the economic and political isolation of the TRNC.

As President Ersin Tatar of the TRNC noted, "The Greek side's accession has been weaponized against us. Instead of fostering unity and cooperation, they have tightened the noose of embargoes and isolation, violating our rights and stifling our development."⁵

The EU's Double Standards

The EU's decision to admit the Greek side, despite its rejection of a UN-backed peace plan, contrasts sharply with its stance on other international conflicts. The Union has often emphasized the importance of resolving territorial disputes and upholding democratic principles before accession.

Dr. Nathalie Tocci, Director of the Istituto Affari Internazionali, observed, "The EU's approach to Cyprus sets a troubling precedent. It suggests that political considerations can override legal norms and ethical standards, undermining the EU's credibility on the global stage."⁶

The Legal Argument Against Accession

Several legal scholars argue that the Greek side's accession was not just unethical but illegal under EU law:

- Article 49 of the Treaty on European Union: Requires that any European state wishing to join the EU must respect and promote the Union's values, including human rights and minority protections.

  
- Violation of the Principle of Pacta Sunt Servanda: By accepting the Greek side without ensuring compliance with previous treaties and commitments (like the 1960 Treaties), the EU disregarded the international legal principle that agreements must be honored.

Professor Hans Köchler, President of the International Progress Organization, asserted, "The EU's acceptance of the Greek side, under these circumstances, constitutes a breach of both EU and international law. It disregards the rights of the Turkish Cypriots and undermines legal obligations arising from prior treaties."⁷

Implications for the Turkish Cypriots

The consequences of this decision have been dire for the Turkish Cypriot community:

- Continued Embargoes: The TRNC remains under international embargoes, crippling its economy and limiting access to global markets.

  
- Political Isolation: The Turkish Cypriots lack representation in international forums, their voices silenced on the global stage.
  
- Social and Cultural Marginalization: Restrictions on travel, education, and cultural exchange hinder the community's development and integration.

As Dr. Ahmet Sözen, a political scientist at Eastern Mediterranean University, emphasized, "The EU had an opportunity to bridge divides and promote reconciliation. Instead, it chose a path that deepened divisions and perpetuated injustice."⁸

TCE Conclusion: A Call for Justice and Legal Redress

The Greek side's accession to the EU, in light of the rejected Annan Plan and ongoing conflict, stands as a testament to political expediency trumping legal and ethical considerations. For the Turkish Cypriots, it represents a betrayal of trust and a denial of their fundamental rights.

It's imperative that the international community, and the EU in particular, revisit this issue. Legal mechanisms should be explored to address the illegality of the accession and to rectify the injustices faced by the Turkish Cypriots.

President Ersin Tatar poignantly stated, "Our quest is for equality, recognition, and respect for international law. The path to lasting peace on our island lies in acknowledging past mistakes and working collaboratively towards a fair and just solution."⁹

In the spirit of justice and adherence to international legal standards, it's time for the EU to reassess its stance, honor its commitments, and support the rights of the Turkish Cypriot people.

References:

¹ Talat, M. A. (2004). Statement Following the Annan Plan Referendum. TRNC Presidential Office.

² Hoffmeister, F. (2006). Legal Aspects of the Cyprus Problem. European Commission Legal Service.

³ Shaw, M. (2005). International Law and the Cyprus Problem. Cambridge University Press.

⁴ Verheugen, G. (2004). Interview with Der Spiegel.

⁵ Tatar, E. (2021). Address on the 17th Anniversary of the Annan Plan. TRNC Presidential Office.

⁶ Tocci, N. (2007). The EU and Conflict Resolution: Promoting Peace in the Backyard. Routledge.

⁷ Köchler, H. (2009). The Cyprus Question and the EU's Legal Obligations. International Progress Organization.

⁸ Sözen, A. (2010). The Cyprus Impasse: Political and Legal Challenges. Journal of International Affairs.

⁹ Tatar, E. (2022). Interview with Anadolu Agency.