Greece’s letter to the UN in response to its action Libya which declared a contiguous zone 24 nautical miles north, effectively closing the Gulf of Sirte.

As stated in the letter from Athens to UNthe specific action lacks legality, as it is based on illegality Turkish-Libyan memorandum.

The letter delivered by the permanent representative of Greece to the UN is expected to be recorded and become an official document of the general assembly.

THE Athena notes in her letter to the UN, that Libya’s action contradicts international law, as it is based on the Turkish-Libyan memorandum, which is illegal and therefore invalid.

The text of the letter:

“Dear Mr. Secretary General,

With reference to the verbal communication of 5 December 2023 of the Permanent Mission of Libya to the Secretary-General of the United Nations (A/78/672), in which he is notified of the decision to declare a contiguous zone, together with the relevant coordinates and map, Greece would like to state the following:

With reference to the above Libyan ministerial decision, Greece wishes to emphasize that, while according to international law the states of the sea are entitled to define a contiguous zone, the boundaries of such a zone must also be determined according to international law. However, the boundaries of the contiguous zone claimed by Libya, as shown by the relevant coordinates and the map that Libya has sent to the Secretary-General of the United Nations, are inconsistent with international law in three important respects:

Firstly. the above limits north of the Gulf of Sirte are measured from a terminal line across the mouth of the Gulf of Sirte which is not justified under the relevant rules of customary international law as reflected in UNCLOS. It is recalled that since 1974 Greece has contested the above-mentioned claim of the Gulf of Sirte by Libya, considering it to be a unilateral act that violates basic principles of international law (see verbal communication no. 3444.G4/4/AS.577 of the 15 March 1974).

Second, the remaining boundaries of the claimed contiguous zone are measured from straight baselines established by Libya in 2005. Since Libya’s coastline is neither deeply indented nor flanked by islands, these baselines are inappropriate and illegal under Article 7 of the UNCLOS, which the international court considers to reflect customary international law (see Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia), judgment of 21 April 2022, para. 242).

Third, the eastern border of Libya’s claimed contiguous zone follows the “eastern maritime borders of Libya described in Libya’s verbal communication of 13 February 2023 from the Permanent Mission of Libya to the United Nations to the Secretary-General. The said eastern maritime borders were also claimed by Libya under the 2019 Memorandum of Understanding between the Government of National Accord-State of Libya and the Government of the Republic of Turkey on the Delimitation of Maritime Jurisdiction Areas in the Mediterranean This Memorandum and its coordinates, were categorically rejected by Greece as invalid and without force and as a flagrant violation of the fundamental rules of the International Law of the Sea, including the maritime rights of the Greek islands in this area (see Letter of the Permanent Representative of Greece dated 9 December 2019, attached to letter of February 14, 2020 (A74796))

It should also be recalled that Greece strongly protested these coordinates, most recently, through a letter from the Permanent Representative of Greece to the UN dated 24 April 2023, to the Secretary-General of the United Nations (A/77/865), in response to above verbal communication of the Permanent Mission of Libya to the United Nations of February 13, 2023, addressed to the Secretary General of the United Nations (A77/74).

Therefore, Greece wishes to reiterate once again that this Memorandum, as well as any act adopted pursuant to it, and more specifically any act based on the illegal coordinates contained therein, is contrary to international law, including Law of the sea.

Finally, Greece notes that in accordance with the relevant provisions of the United Nations Convention on the Law of the Sea (Article 33), the coastal state may exercise its control necessary to prevent a breach of customs, tax, immigration or health of its laws or regulations within its territory or territorial waters and punishes the violation of the above laws or regulations committed on its territory or territorial waters.

However, according to the above ministerial decision, Libya declares that it will also exercise control for security and environmental violations within this zone, thus exceeding the above provisions of UNCLOS. The International Court of Justice has recently confirmed that Article 33 reflects contemporary customary international law in the Contiguous Zone and that attempts by coastal states to assert jurisdiction or control over matters not covered by Article 33 are contrary to international law (see Alleged Violations of Sovereign Rights and Maritime Rights in the Caribbean Sea (Nicaragua v. Colombia), judgment of 21 April 2022, paras 155, 177 and 187)

In light of the above, Greece would like to state that the aforementioned Libyan ministerial decision does not and will not prejudice any rights granted to Greece under International Law, including the Law of the Sea and the positions already expressed by Greece in relation to such Libyan claims.

Finally, while reserving all its rights under International Law, Greece would like to reiterate that it remains firmly committed to resolving any demarcation issues with neighboring countries in the Eastern Mediterranean by peaceful means, in good faith and in harmony with the rules of law of the sea, as it has already done with Italy and Egypt.

I would be grateful if you could circulate this letter as a document of the General Assembly. under agenda item 75, and to be published on the website of the Department of Ocean Affairs and the Law of the Sea, as well as in the next edition of the Law of the Sea.

Ambassador Evangelos Sekeris
Permanent representative”