* By Alexios Konstantinos
It is a common finding that the forthcoming informal five-party conference is evolving into a major political issue, as the very existence of the Republic of Cyprus is judged, which unfortunately is represented by its "community status" and not as the only internationally recognized statehood.
The pitfalls are many, the road is not paved only with rose petals, as the intransigence of Turkey is a given, strengthened in fact by the attitude of the Turkish tax subject, leader of the Turkish Cypriot community Ersin Tatar to "more royal than the king".
Given the UK's stance on "creative ambiguity" and urging discussion of the "visions" of the two sides and the position of "all issues on the table". This attitude initiates the transition from the policy of "divide and rule" (divide and rule) to the policy of "good and bad cop" (good and bad cop), with the aim of proposing a "balanced solution" either a relaxed or decentralized federation or a confederation instead of two states, which, however, fully suits the aspirations of Turkey, the T / C and the British crown !!
In the "depths of the garden" the European Union, the legal and political giant, but with clay "military legs" that simply seeks the non-entry of Turkey into the European Union through the "back door" through the T / C, but reminding us that the "expropriation of our rights is our problem" and the limit is "not to become theirs" !!!
Next to us is a Greece, which finally seems to reject the "hermaphroditic doctrine", "Cyprus decides and Greece supports", but it is ossified after the more than ten-year economic crisis of the memoranda and the covid-19 and now she seems to be slowly starting to stand on her feet again.
In addition to the above, I consider that the sequence of five-party methodology, which was put on the table by Turkey itself, is wrong from the beginning, as the appropriate solution would be an international conference on the Cyprus problem with the involvement of the entire international community.
Furthermore, as my main point of disagreement I focus on the demotion of the Republic of Cyprus from a state entity to a Greek Cypriot community or "government of the South" or at best to a "evolving community state".
Also wrong - in the opinion of the writer - is the acceptance of a position at the solution table outside the parameters of the negotiated framework so far, which in fact is in sharp and direct opposition to the "legal ontology" of the Cyprus problem and foreshadows bad developments of the "political born ”of our national problem.
First of all, I believe that as the Republic of Cyprus we should insist on our view that the continuous degradation of the "Law" factor contributes to the "sawing of the branch" where the international community sits and that as a matter of principle the illegal actions of imperialist Turkey are excluded. in any way tolerated or accepted.
We must also have as an international, legal and political position that the Cyprus problem is a matter of predominant invasion and occupation of a third country in a single and indivisible member state of the UN. and the hard core of the European Union, that unspeakable and ongoing war crimes and crimes against humanity are committed and perpetuated in Cyprus on a daily basis.
The complete elimination of these crimes and the restoration of law and constitutional order, through the imperative implementation of the resolutions of the United Nations Security Council but also of the decisions of transnational appeals and individual appeals to the European Court of Human Rights (ECHR). .D.), As well as their omission in the future is the cornerstone and solid foundation for the solution of the Cyprus problem, which must be functional in order to be sustainable and in order to be sustainable it must be in line with the International Law and the acquis communautaire as a whole without deviations.
Thus only this solution can be in favor of the long-term interest of the whole, that is, of the parties, of the international community but also of the great powers that make it up.
Otherwise, if he wanted the solution of the problem to be sought outside the framework of the principles of International Law and the acquis communautaire, this would be a formidable challenge, as it would be in direct opposition to both the decisions of the E.D.A.D. and would explicitly jeopardize the legal and political acquis of the solution but also the system of collective security and world peace.
Thus, the draft of the negotiations should be relentlessly the removal of these violations and heinous crimes committed in a permanent and indelible nature and the return of things to the previous legal state with the restoration of the legal constitutional order and the unity of the State. which, after all, was guaranteed to be preserved by Turkey itself.
Thus, given the fact that any other solution, apart from the unified State, unquestionably escapes the constitutional order and international legality and equates victim and perpetrator, the peculiarity in the case under investigation is precisely in the legal pursuit of assimilation of two dissimilar legal and civil situations and in particular of a legitimate, nationally recognized State, ie the Republic of Cyprus and a non-existent and unrecognized nebula, based on the aforementioned international crimes against humanity and war crimes, which even today - with weapons - keeps alive Turkey.
Here, too, the dilemma arises urgently, that is, whether these two can be equated and whether this ultimately catalyzes the universal axiom that "illegality does not produce justice (ex injuria jus non oritur)".
And in the final analysis, what will be the criteria and the "red dividing lines", according to which the solution of the bi-zonal-bi-communal federation will move and at the end of the day we will not be found to have given the seal of the Republic of Cyprus to a fenaki, a solution under the legal framework of the bi-zonal - bi-communal federation, which in the course of time will slip into a loose federation with confederation characteristics or a de facto confederation and which will pave the way for the final straight of the Turkish pursuit, ie the two states, of which the legitimized of the north, will exercise this suffocating control over the south, will put it under "horrible embrace" and finally, in case of disagreement, will be the "gallows" for Turkish expansion and imperialism to complete its final plan, ie the recovery of Cyprus, as described in the reports of Nihat Erim.
It is therefore understandable that if we adopt at the negotiating table the above way of thinking promoted by Turkey, the creature of law is called upon to oppose its legal role and to legitimize a completely and pre-existing illegal situation, that of the pseudo-state, and to equate it with a All legal and internationally recognized situation, the State of the Republic of Cyprus, so that in this way this creature degrades it, in essence degrades it at the community level.
It is therefore clear that on the one hand the injustices in the context of resolving the Cyprus problem should either be eliminated or drastically reduced to the absolute minimum as a last resort and on the other hand secured and safeguarded within the rational, fair, functional and sustainable solution of Cyprus. the national sovereignty of the Republic of Cyprus, as well as that the solution should include the disengagement from outdated, colonial guarantees and invasive rights, the withdrawal of the occupying army and the settlers, the return of all refugees to their ancestral homes.
In fact, it must be fully in line with international law and the whole of the acquis communautaire without any deviations or derogations, provide for the full respect of the human rights of all legal inhabitants of the island, without divisions or discrimination based on language or religion or ethnicity. Finally, it must have a single legal personality, a nationality and a single representation abroad.
Therefore, even the momentary cessation of the existence of the Republic of Cyprus and its "replacement" by the new State, would inevitably lead to the legitimacy of the pseudo-state and through it to the acceptance - admission of crimes against humanity and war crimes on which it was based.
Otherwise this is not a solution, as it is not fair and therefore will not become constitutionally functional to be sustainable. Above all, however, it is not rational, as it is in complete and acute contradiction with the Charter of the United Nations (UN), the values and the dangers that humanity as a whole wants to prevent through the establishment of this Organization. and other legal, political, economic and military supranational ventures and coalitions.
It is this legal framework of principles on which our argument and view of the problem should be built and articulated, demonstrating to the international community that none of the UN countries. or the European Union would not discuss and advocate a solution in which an army of invasion and occupation or settlers would remain, even a second after the solution.
Of course, this is not an issue that can be solved with the "sterile naming" of the administrative structure of the State but also the "painful birth" of divisive dilemmas (federation, federation with the right content, decentralized, confederation, etc.), which simply perpetuate the problem for the benefit of the conquerors, since we are consumed to convince each other, often by micropolitical or parapolitical means, for the "correctness" of our views on naming.
What we seek and want is a CYPRUS CHEAPER FROM END !!!
* Dr. Alexios Ch. Konstantinou, Lawyer / Academician, Candidate Member of Parliament for Famagusta with the "Solidarity" Movement