United Nations Security Council Resolution 550 Explained
| Number: | 550 |
| Organ: | SC |
| Date: | 11 May |
| Year: | 1984 |
| Meeting: | 2,539 |
| Code: | S/RES/550 |
| Document: | https://undocs.org/S/RES/550(1984) |
| For: | 13 |
| Abstention: | 1 |
| Against: | 1 |
| Subject: | Cyprus |
| Result: | Adopted |
United Nations Security Council resolution 550, adopted on 11 May 1984, after hearing representations from the Republic of Cyprus and reaffirming resolutions 365 (1974), 367 (1975), 541 (1983) and 544 (1983), the council condemned the illegal secessionist activities in the occupied part of the Republic of Cyprus from Turkey, in violation of the previous resolutions.
The council then called on other member states not to recognise the so-called Turkish Republic of Northern Cyprus (TRNC), condemning the exchange of ambassadors between Turkey and Northern Cyprus and considering all attempts to interfere with the United Nations Peacekeeping Force in Cyprus contrary to Security Council resolutions. The resolution also states that it "considers attempts to settle any part of Varosha by people other than its inhabitants as inadmissible and calls for the transfer of this area to the administration of the United Nations". Finally, the resolution also called for the Secretary-General to promote the implementation of the current resolution.
The resolution was adopted by 13 votes to one against (Pakistan) and one abstention from the United States.
Relevant Court Cases
International law contains no prohibition on declarations of independence,[1] and the recognition of a country is a political issue.[2]
International Courts
- On 22 July 2010, The International Court of Justice (ICJ) stated in its advisory opinion on Kosovo's declaration of independence in 2010 that "the Security Council in an exceptional character attached illegality to the DOI of TRNC because it was, or would have been connected with the unlawful use of force" and "general international law contains no applicable prohibition of declarations of independence".[3]
The ICJ's ruling was expected to bolster demands for recognition by Northern Cyprus.[4] [5] The decision of the ICJ has also been regarded as opening more potential options for the TRNC to gain international legitimacy.[6]
- On 2 July 2013, The European Court of Human Rights (ECtHR) decided that "...notwithstanding the lack of international recognition of the regime in the northern area, a de facto recognition of its acts may be rendered necessary for practical purposes. Thus the adoption by the authorities of the "TRNC" of civil, administrative or criminal law measures, and their application or enforcement within that territory, may be regarded as having a legal basis in domestic law for the purposes of the Convention".[7]
- On 2 September 2015, The European Court of Human Rights (ECtHR) decided that "...the court system set up in the "TRNC" was to be considered to have been "established by law" with reference to the "constitutional and legal basis" on which it operated, and it has not accepted the allegation that the "TRNC" courts as a whole lacked independence and/or impartiality".[8]
Courts of Countries
- On 9 October 2014, the Federal Court of the United States (USA) stated that "the TRNC purportedly operates as a democratic republic with a president, prime minister, legislature and judiciary".[9] [10] [11]
- On 3 February 2017, The United Kingdom's High Court stated "There was no duty in the United Kingdom law upon the Government to refrain from recognizing Northern Cyprus. The United Nations itself works with Northern Cyprus law enforcement agencies and facilitates co-operation between the two parts of the island".[12] and revealed that the co-operation between the United Kingdom police and law agencies in Northern Cyprus is legal.
See also
References
Notes and References
- https://www.bbc.com/news/world-europe-10730573 BBC
- https://books.google.com/books?id=xMvOBAAAQBAJ Oshisanya, An Almanac of Contemporary and Comperative Judicial Restatement, 2016
- Web site: Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo, Paragraph 81 . International Court of Justice . 22 July 2010 . 11 February 2016 . dead . https://web.archive.org/web/20100821055950/http://www.icj-cij.org/docket/files/141/15987.pdf . 21 August 2010 .
- News: Kosovo's independence is legal, world court rules. The Guardian . 22 July 2010 . Peter Beaumont, The Guardian (UK), 22.07.2010. 25 March 2020 . Beaumont . Peter .
- News: Kosovo's independence is legal, UN court rules. The Guardian . 22 July 2010 . Peter Beaumont, The Guardian (UK), 22.07.2010. 25 March 2020 . Beaumont . Peter .
- Web site: "Can Kosovo Be A Sample For Cyprus". Cuneyt Yenigun, International Conference on Balkan and North Cyprus Relations: Perspectives in Political, Economic and Strategic Studies Center for Strategic Studies, 2011. 25 March 2020. After the ICJ’s decision on Kosovo’s unilateral declaration of independence, the TRNC gained a huge advantage on the negotiation table and also an innovative Neo-Wilsonist path reopened in international arena. Can Kosovo be a sample for Northern Cyprus? According to international law, previous decisions are not become a precedent. But practically especially after the advisory opinion of ICJ in 2010, it surely will be inspirational way and another option for Cyprus and Cypriot Turks.
- https://hudoc.echr.coe.int/eng#{%22itemid%22:%5B%22001-122907%22%5D} ECtHR
- https://hudoc.echr.coe.int/eng#{%22itemid%22:%5B%22001-155000%22%5D} ECtHR
- https://www.courthousenews.com/property-spat-over-turk-controlled-cyprus-fails/ Courthouse News Center 13.10.2014
- http://dockets.justia.com/docket/district-of-columbia/dcdce/1:2009cv01967/139002 USA's Federal Court
- https://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2009cv01967/139002/53 USA's Federal Court
- https://web.archive.org/web/20230424173316/https://www.telegraph.co.uk/news/2017/02/03/criminals-fleeing-british-justice-can-no-longer-use-cyprus-safe/ The Telegraph 03.02.2017
