International Court of Justice


Cite as

Cour Internationale de Justice /International Court of Justice  

Judge Giulia Bianchi Deboni 

Topic A: Cyprus v Turkey, the situation concerning the aftermath of the 1974 intervention


The questions to be answered by the Court in this case are the following: 

1. Is Turkey liable under international law for the 1974 military action in northern Cyprus? 

Turkey is liable under the International Law Commission’s (ILC) Articles on State Responsibility for Internationally Wrongful Acts (ARSIWA), which are a reflection of customary international law. Article 2 establishes an internationally wrongful act as consisting of an action or omission (a) attributable to a State under International law and which (2) constitutes a breach of an international obligation of said State[1]. 

Turkey’s intervention in 1974 was a breach of international law because it did not have Security Council authorization[2], as is required by the UN Charter. The intervention is attributable to Turkey because if its recognition and approval of it. It also violated Art. II of the Treaty of Guarantee since it violated the sovereignty and territorial integrity of Cyprus[3].

2. Is there a link between the 1974 coup d’etat, the Turkish military action, and its liability?

No link between the two events can be established in a manner credible enough. In fact, when Turkey intervened in response to this coup in July, it did so under the terms of the Treaty of Guarantee to ...