Why the 28.12.1932 Agreement which was prepared to regulate the Turkish- Italian maritime border for the region of Dodecanese Islands and Meis Island did not gain a valid legal status?

During the 1947 Paris Peace Conference, Greece declared that the border between Turkey and Italy in the region of Dodecanese Islands and Meis Island was established according to the 4th January 1932 and 28th December 1932 Agreements and demanded that this should be mentioned in the draft of the agreement.

Political and Territorial Commission regulating the issue accepted Greece’s proposal and mentioned the issue on the 12th article of the Agreement Draft. Nevertheless, Greece’s demand was refused as Turkey claimed these demands invalidity with justifications.

Union of Soviet Socialist Republics (USSR) claimed that the proposals given by Greece based on the 1932 Turkish- Italian documents can only be brought to the agenda after its legal assessment. 

USSR, in a document distributed on 7th October it drew attention to the Commission regarding the legal aspects of the references of this arrangement, reminding that the arrangement of 28th December 1932 was unregistered by the League of Nations (LoN) and undoubtedly unpublished and reserved the right to return to the issue if necessary. The issue was discussed at the Conference and it was decided that the reference to the 4th January 1932 and 28th December 1932 Agreements should be removed.

During the discussion of the Paris Peace Treaties, Greece demanded that references to the 4th January 1932 and 28th December 1932 memorandum of understanding should be made in establishing the borders of the Dodecanese Islands which would be ceded to Greece with the agreement. The demand was declined by the Conference, even though it was accepted by the Legal Commission and the Maritime Experts Subcommittee.

Italy requested to be informed on whether the Turkish Government used the method of the  28th December 1932 Turkish- Italian protocol and the  8th January 1937 diplomatic note that determined the borders between the two nations.

After Turkey’s cession of the islands to Italy according to the Treaty of Lausanne and later to Greece with the Paris Peace Treaties, written and oral interventions that were arranged among Turkey and Italy between 1950- 1962 in the presence of the Turkish Ministry of Foreign Affairs dating 28th December 1932 according to Greece is in force with itself as well.

The attempts left unanswered in a consistent manner by Turkey is the proof of negative attitude against the document dating 28th December 1932 and Turkey’s lack of consent to the document as an international agreement and viewed the document as a technical process.

           

Assoc. Prof. Dr. Cihat Yayci

Sebahat Kurutas

Simay Sevval Baykal

Suzan Seda Kalem