The recent decision by the Greek and Turkish governments, albeit after much political pressure been applied by the EU, to allow deployment of a NATO fleet in the Aegean Sea should raise some fundamental issues of concern for Greece.
The NATO fleet is said to conduct reconnaissance, monitoring and surveillance to provide information to Greece, Turkey and the EU (via its agency Frontex) to deal with traffickers and help stem refugees entering Greece from Turkey.
However, both NATO and the EU have never recognized Greece’s territorial sea borders nor have they accepted Greece’s declared airspace zone. Indeed, both organisations have been a "hesitant observer" in this regard. Both have traditionally chosen to adopt a “hands off” policy toward Greek-Turkish disputes in the Aegean Sea and have refrained from undertaking any active dispute resolution measures.
As such, the recent declaration by NATO Secretary-General Jens Stoltenberg on Standing Maritime Group 2 that:
The NATO fleet is said to conduct reconnaissance, monitoring and surveillance to provide information to Greece, Turkey and the EU (via its agency Frontex) to deal with traffickers and help stem refugees entering Greece from Turkey.
However, both NATO and the EU have never recognized Greece’s territorial sea borders nor have they accepted Greece’s declared airspace zone. Indeed, both organisations have been a "hesitant observer" in this regard. Both have traditionally chosen to adopt a “hands off” policy toward Greek-Turkish disputes in the Aegean Sea and have refrained from undertaking any active dispute resolution measures.
As such, the recent declaration by NATO Secretary-General Jens Stoltenberg on Standing Maritime Group 2 that:
“Greek and Turkish forces will not operate in each other’s territorial waters and airspace” and that “NATO vessels can deploy in the territorial waters of Greece and Turkey”
assumes that such waters and airspace have been agreed upon. This cannot be further from the truth and therein lay the following concerns for Greece:
- Greece has declared a 10 nautical mile territorial air defense zone for aviation and air policing purposes. Turkey objects to this declaration and only recognizes Greek sovereignty over 6 nautical miles. Will Greek airplanes be precluded from operating in the “disputed” 4 nautical mile zone?
- Turkey erroneously challenges the sovereignty of numerous small islands, islets and rocks in the Aegean Sea that, according to Turkey, have not been specifically ceded to Greece by way of international treaties. Will Greek ships and planes be precluded from operating in Greece’s declared territorial sea and airspace zones emanating from these islands?
- Will Greek vessels and airplanes be limited to operate only at non contested waters and airspace? If so, could this not potentially be exploited by Turkey and used to set a precedent for claims over disputed territorial waters and airspace zones?
- Greece has consistently refused to concede that a territorial sea dispute per se exists with Turkey but rather promotes the view that the claims made by Turkey are unilateral in nature. Does the agreed NATO deployment affect this position?
The above questions reflect serious concerns which emanate from the current presence of NATO forces in the Aegean Sea. One hopes that the Greek government has appropriately considered these issues and has mitigated all risks. There is no doubt that Greece must actively work towards appropriately dealing with the unfolding humanitarian crisis and should engage the international community to help do so. However, the presence of NATO forces should not constitute a de-facto dereliction of Greek entitlements and sovereignty in the Aegean Sea.
by Vasilis Giavris (Lawyer & Political Scientist)
http://vasilisgiavris.blogspot.com.au/
