Friday October 31, 2014
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31.10.2014
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Dore Gold

European settlements and double standards

Anyone flipping through cable television channels with his or her remote control has undoubtedly come across programs about British and other retirees from Northern Europe seeking to escape the harsh climate where they live by venturing to one of the well-known vacation spots along the Mediterranean coast. The difficult problem that these buyers face is the soaring prices of properties over the last decade in places like Marbella, Spain, the French Riviera, or Italy's Amalfi Coast, which leads many to look for more economical alternatives. As a result, many European buyers after 2002 have been flocking to Northern Cyprus, where a villa with a swimming pool can be bought at discount prices.

The main legal question that is not addressed with this new European property boom is the legal status of the area where these new homes are being built. It should be recalled that in 1974 the Turkish army invaded Cyprus, which had been an independent state since 1960 and took over 37 percent of the island. Tens of thousands of Greek Cypriots were expelled in this period in what they viewed was a deliberate policy of ethnic cleansing by the Turkish army. In the aftermath of the invasion, the U.N. Security Council adopted Resolution 353 which demanded "an immediate end to foreign military intervention" and called for "the withdrawal without delay from the Republic of Cyprus of foreign military personnel."

The Turkish Cypriots declared their independence in 1983 by forming the "Turkish Republic of Northern Cyprus," an act that the U.N. condemned as "null and void." Over the years, an estimated 160,000 "settlers" who came from Turkey moved into Northern Cyprus. In many cases, properties that had been left behind by Greek Cypriot refugees were given by the Northern Cyprus administration to Turkish Cypriots and to the Turkish settlers, who sold them to European buyers. To date, some 5,000 British citizens have purchased homes in Northern Cyprus despite it being a clear-cut case of an "occupied territory." According to a BBC report, as many as 10,000 foreigners have bought up former Greek Cypriot properties in Northern Cyprus.

Is there any basis for comparing Northern Cyprus to the situation with the West Bank?

A number of glaring differences stand out. First, Israel entered the West Bank in a war of self-defense in 1967 when it faced an Arab war coalition that was massing forces along its borders. In contrast, the circumstances of the Turkish invasion were very different. Turkey did not face imminent attack from Cyprus, but rather was concerned with intercommunal tensions in Cyprus.

Second, there was no established sovereignty in the West Bank in 1967 that Israel violated; there was no Palestinian state while Jordan's claim to sovereignty was rejected by most of the international community except for Britain and Pakistan. Moreover, there were earlier Jewish rights under the British Mandate, which never expired. Looking at the Cypriot case, prior to the Turkish invasion in 1974, the Republic of Cyprus was the undisputed sovereign over the entire island, including the area of Northern Cyprus.

Finally, the resolutions adopted by the U.N. Security Council in the two conflicts were very different. In the aftermath of the Six-Day War, the U.N. Security Council adopted Resolution 242 which did not call for an Israeli withdrawal from all the territories it captured as a result of the conflict. The resolution suggested that the old armistice lines be replaced with secure and recognized borders.

Yet in the case of Northern Cyprus, the U.N. did not qualify its demand for a Turkish withdrawal by allowing, for example, the Turkish military to remain in even part of the island. Looking at these different considerations, it appeared that the international community should have judged the dispute over Northern Cyprus far more severely than the way it viewed the dispute over the West Bank, where Israel had multiple rights that it could exercise if it decided to do so.

However, in practice, that was not the case. As usual, on Dec. 10, the European Union declared yet again that it was "deeply dismayed by and strongly opposes Israeli plans to expand settlements in the West Bank, including in east Jerusalem." Its statement made wild charges that Israeli construction in E1 "could also entail forced transfer of civilian population."

It finally added that "the European Union reiterates that settlements are illegal under international law and constitute an obstacle to peace." Ironically, while the EU releases harsh statements of this sort against Israel for any construction activity in West Bank settlements, it has nothing to say about tens of thousands of Turkish settlers that have moved into Northern Cyprus.

Nor are European governments condemning their own citizens who are seeking to build beachfront villas with swimming pools in territory that is technically still under Turkish occupation. European governments have warned their citizens that former Greek residents of Northern Cyprus may initiate legal proceedings in European courts against those who take over their properties. But there is no objection being stated in principle against European citizens moving into these territories in order to build vacation homes.

How does international law apply in these situations? There is a long-standing dispute over whether Article 49 of the Fourth Geneva Convention, for the protection of civilians, should be understood narrowly as prohibiting an occupying power from forcibly transferring its population into an occupied territory (the traditional Israeli and U.S. view) or should be interpreted broadly so that it even prohibits an occupying power from letting its citizens voluntarily move into an occupied territory (the European and Arab view).

But the European foreign ministries cannot have it both ways: they cannot condemn Israelis who build homes in the West Bank for violating international law, while they approve, in principle, or are at least silent about Turkish settlers and their European business partners who benefit from the lands Turkish Cypriots have taken over, as they develop what has been one of the hottest Mediterranean real estate markets for Europeans seeking a place in the sun.

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