Turkey, Libya deal backed by law regardless of reaction from EU, Greece
Turkey's first drilling ship Fatih started its activities in the Eastern Mediterranean on Oct. 31, 2018.

The deal reached between Turkey and Libya officially went into force on Dec. 8, Ankara announced Thursday while submitting a memorandum of understanding to the U.N. on the issue, disregarding unlawful criticism by Greece and the EU



The deal between Turkey and Libya for Eastern Mediterranean maritime borders is now official, despite Greece’s efforts to reverse the move by triggering international reactions, especially throughout the EU.

It was announced on Thursday by Turkey's Official Gazette that Dec. 8 was the effective date for the landmark pact.

Turkey and Libya signed two separate deals last month following a meeting between President Recep Tayyip Erdoğan and the head of the Presidential Council of Libya's U.N.-backed Government of National Accord (GNA), Fayez Al Sarraj, in Istanbul. One of the deals was critically important as it enabled Turkey to secure its rights in the Mediterranean while preventing any fait accompli by other regional states.

Meanwhile, Turkey also submitted a memorandum of understanding regarding the pact to the U.N. for registration on Thursday.

UN neutral on issue

On Wednesday, the U.N. expressed that it will remain neutral on the issue after Athens called on the Security Council to condemn the deal. The body urged Greece and Turkey to maintain a dialogue regarding the recent agreement.

Farhan Haq, the deputy spokesman for the secretary-general, said the U.N. secretariat takes no position on matters concerning member states' maritime space.

"However, in certain areas, such as enclosed or semi-enclosed seas, particular attention needs to be paid to the interests of third parties," he said.

"We are confident that all parties concerned recognize the need for continued dialogue on these sensitive matters," Haq further expressed, adding that "all differences should be resolved by peaceful means."

Greece, one of the main regional actors, did not welcome the deal with Libya and regarded it as a violation of its rights, though international law proves otherwise. The country went even as far as to expel its Libyan envoy Mohamed Younis AB Menfi in response.

Greece's government also released a series of statements Tuesday claiming that the deal is "invalid" and was negotiated in "bad faith."

Demanding "a framework on EU sanctions on Turkey and Libya over their accord," the country said it "has lodged its objections to the United Nations" on the issue.

EU to react to Turkey

The reserves in the Eastern Mediterranean carry great importance, especially for Europe – the continent with the least natural gas reserves in the world – which is desperate to eliminate its dependence on Russia on the issue.

However, Europe is not alone in its search for alternative natural gas resources as Turkey also has a major dependence on foreign states – particularly Russia, Iran and Azerbaijan – when it comes to energy and seeks substitutes for it.

Yet, as a difference from Europe's ambitions, Turkey has the longest shoreline in the Eastern Mediterranean, making it a natural candidate for seeking reserves in the region in accordance with international law. The presence of the Turkish Cypriot government in Northern Cyprus also strengthens Turkey's hand as the country defends the rights of the Turkish Cypriots in the region and insists that their consent is needed for any type of drilling activities.

Reuters reported Wednesday that upon the demands of Greece, the union is getting ready to declare the deal as a violation of international law.

"The Turkey-Libya memorandum of understanding on the delimitation of maritime jurisdictions in the Mediterranean Sea infringes upon the sovereign rights of third States (and) does not comply with the (U.N.) Law of the Sea," EU leaders say, according to the draft statement seen by the Reuters reporters.

"The European Council unequivocally reaffirms its solidarity with Greece and Cyprus regarding these actions by Turkey," the draft reportedly said.

According to the U.N. Convention on the Law of the Sea, while a country is able to stretch its territorial waters only 12 nautical miles out to sea when it comes to the exclusive economic zone, where it has the rights to fishing, mining and drilling, the area can extend for an additional 200 miles. However, if the maritime distance between the two countries is less than 424 miles, a bilateral deal is needed to determine a mutually agreed-upon dividing line for their respective exclusive economic zones.

Greece, on the other hand, claims that the islands also have their own exclusive economic zones and with this claim, it reduces Turkey's zone remarkably while twisting what the international law states.

No entity has right to cancel deal

According to an academician from Sakarya University and an expert on the issue, Kemal İnat, neither the U.N. nor Greece have the right to make a deal signed between two countries invalid, and thus their efforts are pointless.

"If Turkey had not taken these steps by considering the developments in the region in accordance with international law, the country would have faced the risk of losing its rights in the Eastern Mediterranean," İnat told to the Anadolu Agency (AA) on Thursday.

Reiterating Turkey’s ties with the EU, İnat stated that under normal circumstances, the union was supposed to act objectively.

"Greece and the South Cypriot administration are both members of the EU, while Turkey is a candidate country. In these circumstances, EU is actually supposed to have a neutral stance. However, unfortunately, the union did not act objectively," the expert stated.

Libya, TRNC back deal

Apart from the reactions, the deal also received massive support, especially from the TRNC and Libya.

Libyan Grand Mufti Sheikh Sadiq Al-Ghariani hailed the move on Wednesday. Quoted by Libyan Observer, Al-Ghariani urged "Libyan authorities to accept Turkey's military support to repel warlord Khalifa Haftar and his foreign backers attacking the capital."

Libya’s envoy to Turkey Abdurrezak Muhtar Ahmed Abdulkadir said on Thursday that the deal would benefit both sides.

"Libya, will not bow down despite all the pressures, the pressure will not alter Libya’s policy," the envoy said.

Libya has remained dogged by turmoil since 2011 when a NATO-backed uprising led to the ousting from office and death of former president Moammar Gadhafi after more than four decades in power.

Since then, Libya's stark political divisions have yielded two rival seats of power, one in Tobruk and another in Tripoli, as well as in-fighting by a host of heavily armed militia groups.

The military, pushed by Khalifa Haftar's army, has allied with a parallel eastern administration based in Benghazi, marking a dangerous escalation in a power struggle that has dragged on since the vacuum following Gadhafi's death emerged. Haftar is not recognized by the international community, as the elected parliament of the country is centered in Tripoli.

TRNC President Mustafa Akıncı also spoke on the issue on Thursday, saying that Turkey is not a country to be overlooked in the region.

Underlining that the Greek side of the island benefited from Turkey’s current ties with the regional countries and filled the authority gap by forming triple alliances with countries like Greece, Egypt and Israel, Akıncı stated that this perspective of southern Cyprus only discriminates against Turkey and Turkish Cypriots.

Akıncı also reminded that Turkey has the longest shoreline in the Mediterranean and Greece’s and Greek Cypriots’ policies aim to restrict the country only to the shores of southern Antalya province.

"Turkey has made a move and had a deal with Libya. This is a reaction to action. If you are trying to restrict me only to the bay of Antalya, then I can find other countries to make a deal with," Akıncı said, explaining Turkey’s motives in the region.

Despite the fact that Turkey has the longest shoreline in the region when it comes to the drilling activities, no country has felt the need to consult or engage in dialogue with Ankara on the issue. Still, until very recently, Ankara expressed willingness to establish dialogue channels with the various regional countries, and yet all its attempts fell flat with no response. Egypt even organized the East Mediterranean Gas Forum this year, inviting all the regional countries, except for Turkey.

Oğuzhan Hasipoğlu, a deputy from the TRNC’s National Unity Party (NUP) also expressed on Thursday that the deal made with Libya "spoiled the games of Greece."

Speaking to AA, Hasipoğlu said the TRNC does exactly what the Greek Cypriot administration does in the region by allying itself with Turkey and protecting its maritime borders.

"In order to preserve our solidarity rights in the Mediterranean, we have established a Blue Hometown in the region (with the deal with Libya). We are pursuing the right policy both in terms of judiciary and politics," he said. Hasipoğlu highlighted that while the drilling ship Yavuz symbolizes the solidarity rights of Turkish Cypriots in the region, the drilling ship Fatih shows the solidarity rights of Turkey.

Criticizing the EU for its stance on the issue, the deputy stated that the union is being inconsistent and spoils the Greek side with its actions.

"The EU plays deaf and blind," Hasipoğlu emphasized.

Turkey, as a guarantor nation for the TRNC, is currently carrying out hydrocarbon exploration activities in the Eastern Mediterranean with two drilling vessels, Fatih and Yavuz, along with the Oruç Reis and Barbaros Hayrettin Paşa seismic vessels in the same region.

Turkey has consistently contested the Greek Cypriot administration's unilateral drilling in the Eastern Mediterranean, asserting that the TRNC also has rights to resources in the area.

The island of Cyprus has been divided into a Turkish Cypriot government in the northern third and Greek Cypriot administration in the south since a 1974 military coup aimed at Cyprus' annexation by Greece.

Turkey's intervention as a guarantor power in 1974 stopped yearslong persecution and violence against Turkish Cypriots by ultranationalist Greek Cypriots. The TRNC was founded in 1983.