The European Union has, as we know, condemned the ratification of the illegal Turkish-Libyan memorandum by Libya’s so-called parliament. It is worth recalling the statement issued by the High Representative on behalf of the EU on 21 October. It restated that the memorandum violates the sovereign rights of third states, is incompatible with the law of the sea and cannot have any legal effect on third states. No ambiguity there.
Israel, Egypt, Italy and France have reacted to this illegal move as well. The matter has also gone to the UN Security Council, which Greece, as is well known, currently chairs.
There is plainly a diplomatic effort under way to reverse the illegality and overturn the fait accompli. It was launched by Athens, with Nicosia lending its support and steadily reinforcing the Greek side’s moves. Athens, of course, should have seen this coming and acted to head it off. After all, as was mentioned, there had been communication with the Libyan side, and frequent contact at that.
This is also the moment to turn to the American response. Unfortunately, Washington has largely adopted its familiar policy of so-called even-handedness, which at times works in favour of the occupying power, Turkey. The State Department’s stance essentially leaves Ankara free to carry on with its illegal activity.
Asked about the ratification of the illegal Turkish-Libyan memorandum, the State Department studiously and deliberately avoided condemning it. Referring to Athens and Ankara, it said: “Greece and Turkey are both NATO allies. We encourage them to engage bilaterally to address any areas of disagreement.” It went on: “Resolving maritime issues serves every party’s interest and opens the way for commercial investment and exploration that will benefit the entire Mediterranean region.” So what is it proposing? Discussing the illegality, not undoing it.
Such positions clearly do nothing whatsoever to defuse crises. Precisely because it is an ally of both Greece and Turkey, the United States has extra room to intervene. And since it has the power to intervene effectively, it should be helping to end the illegality, not proposing talks to find a “compromise”.




