Obama, the Rule of Law and the State Department
WASHINGTON, DC — The following Op-Ed by AHI Founder Gene Rossides appeared in The National Herald 12-31-09, The Hellenic Voice 1-6-10, the Greek News 1-4-10, The Greek Star 1-7-10 and neoskosmos.com 12-29-09.
Obama, the Rule of Law and the State Department
By Gene Rossides
December 28, 2009
In his inaugural speech, President Obama stressed that the rule of law would be fundamental in his administration. Referring to national security he said. “As for our common defense, we reject as false the choice between our safety and our ideals. Our founding fathers, faced with perils we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man, a charter expanded by the blood of generations. Those ideals still light the world, and we will not give them up for expedience’s sake.”
As his first year in office comes to a close on January 19, 2010, it is clear that Obama has not applied the rule of law to the State Department’s positions on Turkey. Let’s look at the record regarding Turkey and Cyprus, Turkey and the Aegean, Turkey and human and political rights and Turkey and religious freedom.
Turkey and Cyprus
The State Department continues to refuse to refer to Turkey’s aggression in Cyprus as invasion and occupation in violation of the UN Charter and the North Atlantic Treaty. The provisions of the UN Charter violated by Turkey are the preamble, article 1(1) on the purposes of the UN Charter which states that one purpose is “To maintain international peace and security,” and article 2 paragraph (4) of the Charter, which states: “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state.”
State refuses to support the rule of law by its failure to call for the prompt removal of Turkey’s 43,000 illegal occupation troops.
Turkey is in violation of the Geneva Convention of 1949, Section III, article 49, which prohibits colonization by an occupying power. Article 49 states in its last paragraph: “The Occupying Power shall not deport or transfer part of its own civilian population into the territory it occupies.” Over the past 35 year Turkey has colonized the occupied 37% of Cyprus with 180,000 settlers/colonists!
State refuses to support the rule of law by its failure to call for the prompt return to Turkey of the 180,000 Turkish citizens’ illegally brought to the occupied part of Cyprus to change the demographics of Cyprus.
The U.S. is a party to the Geneva Convention of 1949 and obligated to enforce its provisions.
State refuses to apply and enforce the provisions of U.S. law which prohibits U.S. arms to Turkey from being transferred to Cyprus. Turkey has been in violation of U.S. law by its transfer from Turkey to Cyprus of 12 U.S. –supplied M-48 tanks and other arms. The State Department spokesperson, Adam Ereli erroneously stated that the transfer is not in violation of U.S. law because the tanks transferred to Cyprus are under the control of the Turkish military. Since December 22, 1987, 22 U.S.C. § 2373 absolutely prohibits the transfer by Turkey of U.S. supplied arms to Cyprus without regard to whether the arms remain in the control of the Turkish military.
State refuses to uphold the rule of law by its failure to call for the immediate removal from Cyprus of U.S. arms illegally transferred from Turkey to Cyprus.
Turkey and the Aegean
Turkey has made an outrageous claim to one-half of the Aegean Sea in total disregard of all the relevant international treaties and agreements in force and has engaged in provocative activities in the Aegean. Turkey continues to threaten Greece with war (casus belli) and promotes claims that are unfounded and devoid of any legal basis.
The European Union’s “Turkey 2009 Progress Report” states:
“The threat of casus belli…the resolution adopted by The Turkish Grand National Assembly in 1995 still remains. According to the Council conclusions of December 2008, ‘Turkey needs to commit unequivocally to good neighbourly relations and to the peaceful settlement of disputes in accordance with the United Nations Charter....
A considerable number of formal complaints were made by Greece about continued violations of its airspace by Turkey, including flights over Greek islands”
State refuses to uphold the rule of law by its failure to state publicly the law governing the maritime boundary in the Aegean which the U.S. is obligated to do as we are a signatory to the Paris Peace Treaty of 1947. State has also failed to condemn Turkey’s violations of Greek territorial waters and airspace.
Turkey and human and political rights
Turkey still denies its 15-20 million Kurdish minority (20%) full human and political rights. Turkey has committed outrageous crimes against humanity in the treatment of its Kurdish minority: 3,000 villages burned to the ground; 3,000,000 refugees; 30,000 Kurds killed by Turkey’s military; 17,000 Kurds assassinated by Turkey’s para-military squads. (See Eric Rouleau, “Turkey’s Dream of Democracy,” Foreign Affairs, Nov./Dec. 2000; pp 100-114.)
The State Department refuses to support the rule of law by its failure to call for full human and political rights for Turkey’s 20% Kurdish minority.
Turkey and religious freedom
The Turkish government has tolerated assaults against the remaining 2,500 Greek Orthodox Christian minority in Istanbul and the Ecumenical Patriarchate; continues the illegal closure of the Greek Orthodox Halki Patriarchal School of Theology and refuses to return 7,000 church properties which were illegally seized. In an important interview on CBS “60 Minutes” program the Ecumenical Patriarch Bartholomew dramatically exposed Turkey’s violations of religious freedom and in response to a question whether he felt crucified, he responded “Yes, I do.”
State refuses to apply to Turkey U.S. laws on religious freedom.
What can we do?
We can help by becoming active politically. That means writing and calling the President and asking him to apply the rule of law to Turkey and to direct the State Department to do the same. You should also write and call your two U.S. Senators and your U.S. Representatives asking them to apply the rule of law to Turkey. To be fully active politically one should also contribute financially to the candidates of your choice in House and Senate races and in presidential elections.
Write to the president as follows: President Barack Obama, The White House, 1600 Pennsylvania Ave., NW, Washington, DC 20500. Call him on the comment line 202-456-1111 or email email@example.com and ask him in the interests of the U.S. to apply the rule of law to Turkey.
The White House monitors the letters and phone calls they receive. If enough Greek Americans write and call it will make a difference.
Write your Representative and Senators as follows:
The Honorable firstname lastname
The Honorable firstname lastname
Washington, DC 20510
U.S. House of Representatives
Washington, DC 20515
To call them dial 1-202-224-3121 and ask for their office.
Send copies of your letters to Secretary of State Hillary Clinton.
There have been important occasions when the State Department stood up and applied the rule of law to Turkey. When Turkey threatened Cyprus over Cyprus’ demarcation of oil and gas exploration zones, US ambassador to Cyprus, Frank Urbancic stated that Cyprus is a sovereign nation and was in full accord with the rule of law.
Obama has not conducted a serious review of U.S.-Turkey policy. It is time he did. It should include Turkey’s policies regarding Iran, Syria, Sudan and Israel which are contrary to U.S, views and policies.
Gene Rossides is founder of the American Hellenic Institute and former Assistant Secretary of the Treasury
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