Human rights accountability in the context of the de facto division of Cyprus

Aristoteles Constantinides

Chapter 13 in Human Rights Accountability of Non-Universally Recognised States and State-Like Entities, 2026, pp 273-300 from Edward Elgar Publishing

Abstract: This chapter explores the human rights accountability challenges stemming from the inability of the Republic of Cyprus to account for the human rights situation in the Turkish-occupied part of its territory administered by the ‘Turkish Republic of Northern Cyprus’ (‘TRNC’), long subject to non-recognition. These challenges boil down to upholding legality versus accommodating pragmatism without creating a protection and accountability gap. Legality considerations – given the ‘TRNC’s’ lack of statehood – have led the European Court of Human Rights to hold Türkiye responsible not only for violations arising from its 1974 invasion but also for all breaches committed by ‘TRNC’ authorities that are not (directly) linked to the conflict, relying on the spatial model of extraterritorial jurisdiction and the concept of ‘effective control’. Pragmatic considerations have led the Court to controversially give credence to various acts of the de facto authorities. In unofficial settings, some international actors also engage the de facto authorities on human rights issues, exemplifying the increasingly popular ‘engagement without recognition’ approach, which should nevertheless be treated with caution in contexts of non-recognition.

Keywords: Republic of Cyprus; ‘Turkish Republic of Northern Cyprus’; Non-recognition; Extraterritorial jurisdiction; Namibia exception; Engagement without recognition (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035365128
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