THE QUESTIONS OF PALESTINE AND CYPRUS: JUSTICE, LAW AND POLITICS

Abstract

The Palestinians and the Turkish Cypriots share a history of conflict and unfulfilled aspirations. The plight of the Palestinians ranges from denial of rights of self-determination, land confiscation and economic encirclement, to the daily violence of occupation. As for the Turkish Cypriots, although Turkish protection has contained the existential threat, they continue to live under an embargo and their country is treated as a pariah. While the Palestinians struggle for independence, the Turkish Cypriots want recognition and sovereign equality. The first article of the United Nations’ Charter prescribes the UN’s purposes as, inter alia, to peacefully bring about, “in conformity with the principles of justice and international law”, the resolution of conflicts. The principles of justice are given precedence over the principle of international law because law without justice is, as Kesler put it, an arbitrary concept. The law also represents the codification of the game’s rules in conformity with the established distribution of power. The Palestinians and Turkish Cypriots have had justice denied them despite having the law on their side. I argue that they need to reassess where they are and where they are going, and learn the lessons of experience. One such lesson is about the relationship between justice, law and politics in international relations. Responding to this requires a multifaceted strategy including various forms of resistance and political and diplomatic offensives to form alliances and build coalitions.

References

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