The Limits of Self-Determination and the Cases of Forced Separatism: The Example of Northern Cyprus

Abstract

In the current essay, the writer will try to approach the cases of separatism and especially those of illegal separatism which are creating unrecognized or partially recognized states. It is true though that these cases, even of forced separatism, are matter which has been subjected to the international law and mainly to the principle of the security of a minority group and finally the right to self-determination. Although the principle of self-determination is respected under the Charter of the United Nations (article 1§2), it is still rather vague to define what kind of group is subjected to it. The Charter doesn’t provide much information about it and keeps the Wilsonian concept of “self-determination for people”, therefore cases of separatism are still under broad and heated debate. Although this paper will focus on the case of forced separatism in Cyprus and especially the case of Northern Cyprus, which has been separated from the Cypriot mainland after the Turkish invasion of 20 th July 1974 and has proclaimed to be the independent “Turkish Republic of Northern Cyprus”1 after 1983. Moreover I will try to focus on the aspects of the separatist arguments posed from the Turkish community for protection from the Greek paramilitary forces and the fact of the invasion which made the whole territory an occupied territory (S/RES/550, 1984) rather than an independent state coming from a legitimate secessionist movement. Hence the arguments and the methodology followed in this paper will move in a dialectic path by highlighting first of all the historical aspects of the case of Cyprus from 1878 and the British rule over the island. Afterwards we will mention the arguments supporting the cases of legitimate secessionism and we will attempt to give a possible definition of illegal and forced separatism which are carried out after invasions and territorial claims that are made under the safeguard clause of the United Nations Covenant of Friendly relations of 1970. These claims are tightly connected to the-so called but disputable remedial right to secessionism. The remedial right of secessionism is pleaded when the central government is adopting a discriminatory behavior against to a minority group with specific religious or racial characteristics by following strict political, economic and social policies on this community (Buchanan, 1997).