In the letter, it is categorically stated that Greece also considers the second Turkish-Libyan memorandum as invalid, which, as pointed out, does not produce legal results.
A strict warning that any attempt to implement the Turkish-Libyan memorandum for hydrocarbon research, which would violate sovereign rights, would lead to tension and destabilization in the region, Athens addressed in a letter to the UN, as broadcast by ERT.
The letter dated November 17 is addressed to the UN General Assembly and was published as an official document on November 23.
He states unequivocally that Greece also considers the second Turkish-Libyan memorandum as invalid, which, as pointed out, does not produce legal results.
In several parts of the letter it is pointed out that any attempt to implement the two Memoranda will have serious consequences for regional stability in the Mediterranean.
Athens in this letter calls on Libya and Turkey to refrain from any action that would violate its ipso facto and ab initio rights to its continental shelf (including the undemarcated continental shelf) and its sovereign rights in the EEZ it has declared under the Agreement with Egypt.
Special reference is made to the terms of the Political Agreement in Libya recently confirmed by the UN Security Council and from which the Dbeiba government derives its legitimacy, according to which this government does not have the authority to sign agreements that create problems with other countries and bind Libya, which of course has happened with the last Turkish-Libyan Memorandum of October 3.
In the letter, Athens undertakes the commitment to the peaceful resolution of any issue concerning the demarcation of maritime zones with neighboring countries of the Eastern Mediterranean “by peaceful means, in good faith and in accordance with the Law of the Sea”.
The text of the letter:
“Letter of 17 November 2022 from the Permanent Representative of Greece to the United Nations to the Secretary General. Greece would like to draw your attention to an issue with potentially serious consequences for regional stability in the Mediterranean. I am referring to the “Memorandum of Understanding between the Government of the Republic of Turkey and the Government of National Unity of the State of Libya on cooperation in the field of hydrocarbons”, signed on October 3, 2022.
Greece opposes and strongly protests the conclusion of the aforementioned Memorandum, insofar as it attempts any direct or indirect implementation of the “Memorandum of Understanding between the Government of the Republic of Turkey and the Government of National Accord of the State of Libya for the Delimitation of Maritime Jurisdiction Areas in Mediterranean” of 2019, which was concluded in complete violation of international law and in flagrant disregard for the sovereign rights of Greece as well as other coastal states under the law of the sea.
Greece reiterates its position, as set out in my letter to you of 9 December 2019, which is attached to my letter of 14 February 2020 (A/74/706), that the 2019 memorandum is invalid and does not produce absolutely no legal effect
This Greek position was also communicated to the Turkish and Libyan sides through verbal communications 772/02.04.2020 and 23321/22.05.2020, respectively. Consequently, any acts or activities based on the 2019 Memorandum also lack any legal basis and, moreover, risk exacerbating tension in the region.
Greece would like to underline that any action to implement the Memorandum signed on October 3, 2022, which violates Greece’s sovereign rights, constitutes a violation of international law and a deliberate escalation that undermines stability in the region. In this context, Greece underlines that it has ipso facto and ab initio sovereign rights on its continental shelf, in accordance with the law of the sea, as well as sovereign rights and jurisdiction in its exclusive economic zone, as defined by the Agreement between the Government of the Hellenic Republic and the Government
of the Arab Republic of Egypt on the delimitation of the Exclusive Economic Zone between the two countries, dated August 6, 2020. Moreover, the conclusion of this memorandum does not meet the obligation, provided for in the 2020 road map for the preparatory phase of the comprehensive solution, result of the Libyan political dialogue forum under the auspices of the United Nations, to manage “the foreign policy of the Libyan state in a way that maintains friendly and peaceful relations with regional and international partners in accordance with the rules of good neighborliness and mutual interests” ( article 6, par. 9). Greece rejects any act that undermines peace and stability in the region, including acts that attempt to distort the political process towards a comprehensive solution for Libya.
The conclusion of this memorandum also ignores paragraph 10 of article 6 of the road map, according to which the executive authority, during the preparatory stage, shall not consider new or previous agreements or decisions in a way that harms the stability of Libyan foreign relations state or imposes long-term obligations on it. Therefore, a hydrocarbon cooperation agreement clearly falls within the scope of agreements that the executive branch is reluctant to enter into.
The importance of the full implementation of the roadmap was reaffirmed by the Security Council in its resolution 2656 (2022) of 28 October 2022. In paragraph 4 of the resolution, the Security Council underlines that the objectives and governing principles, as set out in the roadmap charter, in particular Articles 1, 2 and 6, are still relevant to the political process. It should also be underlined that opposition to the legality of the memorandum signed on October 3, 2022 has been strongly expressed by international actors, including states in the region and beyond, as well as high-ranking officials within the Libyan institutions.
In conclusion, Greece would like to emphasize that it maintains all its rights under international law and calls on Libya and Turkey to respect Greece’s sovereign rights and to refrain from any act that violates these rights and destabilizes peace and security in the region.
On this occasion, Greece wishes to reiterate its strong commitment to resolving any demarcation issue with neighboring Eastern Mediterranean countries by peaceful means, in good faith and in accordance with the Law of the Sea. I would be grateful if this letter could be circulated as a document of the General Assembly, under agenda item 72 (a), and published on the website of the Directorate of Oceans and Law of the Sea and in the next edition of the Law of the Sea Bulletin.
Maria Theofili
Ambassador Permanent Representative”
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