Turkish-Libyan memorandum ‘null and void’

The Turkish-Libyan memorandum “remains null and void, contrary to international law and cannot serve as a lawful basis for maritime delimitation or produce legal consequences for third states”, Greek Foreign Minister Giorgos Gerapetritis said on Monday. Gerapetritis was delivering a joint statement on behalf of Greece, Bahrain, Cyprus, Egypt, the United Arab Emirates and the European Union at UN headquarters concerning the recent decision of the Libyan House of Representatives to approve the 2019 Turkish-Libyan memorandum on the delimitation of maritime jurisdictions in the Mediterranean Sea, which “raises serious concerns for regional security and stability”. According to the joint statement, the decision also highlights a broader challenge to the international legal order, namely the need to ensure that “arbitrary bilateral arrangements do not undermine established rules of international law or prejudice the rights of other states”. Yerapetritis said international law – particularly the UN Convention on the Law of the Sea (UNCLOS) and customary international law – provides the legal framework for maritime delimitation. These rules are described as “essential to ensuring predictability, legal certainty and peaceful relations between states”. He also warned that accepting bilateral arrangements that disregard applicable international rules and principles “would set a dangerous precedent, undermining the international legal order and the principles underpinning the peaceful resolution of disputes”. The statement says the “so-called Turkish-Libyan Memorandum” is incompatible with these fundamental principles. “It disregards geographical realities and the maritime entitlements of all relevant coastal states, including the maritime entitlements of islands under UNCLOS.” “The subsequent decision of the Libyan House of Representatives does not alter this legal reality,” it added. The participants reaffirm their commitment “to the reunification of Libya’s institutions and to a united and prosperous Libya.” They stressed that a stable Libya, actively engaged in regional cooperation, is essential to peace and security across the Mediterranean. Libya’s political transition and relations with neighbouring countries, they add, “must be guided by respect for international law and good-neighbourly relations.” The statement also refers to bilateral talks between Greece and Libya on maritime delimitation, saying that Greece has pursued them “in good faith and in accordance with international law, and stands ready to continue these efforts”. “Respect for international law is essential to regional stability and a rules-based international order,” Gerapetritis said.