ONİKİADA TÜRKİYE’YE AİTTİR !…27 Mayıs 2020 /Eski MSB Genel Sekreteri ÜMİT YALIM
Türkiye, 1923 Lozan Antlaşması’nın 15. Maddesi ile Osmanlı Devleti döneminde 1915’te ilhak edilen Onikiada, Rodos ve Meis olmak üzere toplam 14 ada üzerindeki haklarından İtalya yararına vazgeçti. Anılan adalar, Batnoz, Lipso, İleriye, Kelemez, İstanköy, İstanbulya, İncirli, Sömbeki, İleki, Herke, Rodos, Kerpe ve Çoban adaları ile bu adalara bağlı olan adacıklar ve Meis Adası’dır.
İkinci Dünya Savaşı sırasında, Onikiada önce Almanlar, daha sonra da İngilizler tarafından işgal edildi. Türkiye’nin Onikiada’yı geri alma talebi İngiltere tarafından reddedildi.
Türkiye, İkinci Dünya Savaşı’na girmediği için Onikiada’nın kaderinin belirlendiği Paris Konferansı’na davet edilmedi. Bu konferans neticesinde 10 Şubat 1947 günü imzalanan Paris Antlaşması ile Onikiada’nın egemenliği İtalya’dan alınarak Yunanistan’a verildi.
1945 BM ANTLAŞMASI VE 1969 VİYANA SÖZLEŞMESİ’NE GÖRE YUNANİSTAN’IN ONİKİ ADA ÜZERİNDE EGEMENLİK HAKKI YOKTUR!…
21 Devlet arasında imzalanan 1947 Paris Antlaşması’nın 14. Maddesine göre Onikiada gayri askeri statüde olup Yunanistan, bu adalara asayişi sağlayacak miktarda jandarma ve polis dışında asker yerleştiremez.
1947 Paris Antlaşması’na göre gayri askeri statüde olan adalar 1960’ların ilk yarısından itibaren Yunanistan tarafından silahlandırılmaya başlandı. Türkiye bu durumu ilk defa 1964’te protesto etti. Daha sonra Nisan 1975’te Birleşmiş Milletler Genel Sekreterliği’ne nota gönderen Türk Hükümeti, Yunanistan’ın adaları silahlandırmasını protesto etti ve bu durumun Türkiye’nin güvenliğini tehdit ettiğini bildirdi.
Yunanistan, Onikiada bölgesinde bulunan gayri askeri statüdeki adalardan Rodos Adası’na 1 Yunan Mekanize Tümeni; İstanköy Adası’na 1 Yunan Mekanize Tugayı konuşlandırdı. Batnoz, Lipso, İleriye, Kelemez, İstanbulya, İncirli, Sömbeki, İleki, Kerpe ve Meis olmak üzere toplam 10 ada’ya da Tabur- Alay seviyesinde askeri birlik konuşlandırdı. Ayrıca, Türkiye’ye yönelik jet harekatı için, İstanköy ve Rodos Adası’na havaalanları inşa eden Yunanistan anılan adalardaki havaalanlarına savaş uçakları yerleştirdi. Mevcut durum itibarıyla Onikiada bölgesinde gayri askeri statüdeki 14 Adadan 12’si silahlandırıldı.
1969 Viyana Antlaşmalar Hukuku Sözleşmesi’ne göre (Madde 39, 9, 40 ve 35), çok taraflı antlaşma hükümlerinin değiştirilmesinde temel kural, antlaşma hükümlerinin oybirliği ile değiştirilmesidir. Oybirliği sağlanamazsa antlaşmanın üçte iki oy çokluğu ile değiştirilebileceği de kabul görmektedir.(1945 Birleşmiş Milletler Antlaşması Md.108)
Türkiye ile birlikte toplam 8 devletin taraf olduğu 1923 Lozan Antlaşması Boğazlar Sözleşmesi, yine Lozan’a taraf olan toplam 8 devletin katılımı ve oybirliği ile 1936’da değiştirilerek Türk Boğazları Montrö Sözleşmesi imzalandı. Yapılan değişiklik, Viyana Antlaşmalar Hukuku Sözleşmesi ve BM Antlaşması’na uygun olarak yapıldığı için uluslararası hukuk kurallarına göre meşru bir değişikliktir.
Türkiye ile birlikte toplam 8 devletin taraf olduğu 1923 Lozan Antlaşması’nın 15. Maddesi ise, Lozan’a taraf olan 5 devletin (İngiltere, Fransa, Yunanistan, Yugoslavya, İtalya) ve Lozan’a taraf olmayan 16 devletin katılımı ile 1947’de değiştirilerek Paris Antlaşması imzalandı. Yapılan değişiklik ile Onikiada’nın egemenliği İtalya’dan alınarak Yunanistan’a verildi. Oy birliği veya üçte iki oy çokluğu olmadan yapılan bu değişiklik, sözleşme ve antlaşmalara aykırı olduğu için meşru olmayıp hukuken geçerli değildir ve uluslararası hukuk kurallarına göre Yunanistan’ın Onikiada üzerinde egemenlik hakkı yoktur.
Türkiye, 1947 Paris Antlaşması’na taraf olmadığı için üçüncü devlet statüsündedir. Paris Antlaşması’nın Türkiye açısından hiçbir bağlayıcılığı yoktur.
1923 Lozan Antlaşmasıyla, Türkiye ile Yunanistan arasında Adalar(Ege) Denizi’nde bir denge sağlanmıştır. 1947 Paris Antlaşması ile Onikiada’nın egemenliği İtalya’dan alınarak Yunanistan’a devredildiği için Adalar(Ege) Denizi’ndeki denge Türkiye’nin aleyhine bozulmuştur. Böylece Lozan Antlaşması’nın 15. Maddesi esaslı bir şekilde ihlal edilmiştir. Antlaşmalar Hukuku Sözleşmesi’ne (Madde 60) göre Lozan Antlaşması’ndaki denge esaslı bir şekilde ihlal edildiği için antlaşmanın 15. Maddesi sona ermiş ve geçerliliğini kaybetmiştir. Mevcut durum itibarıyla, Onikiada Türkiye’ye aittir.
Yunanistan, Onikiada üzerinde bulunan bütün askeri birliklerini ve vatandaşlarını ana kıtasına çekerek adaları boşaltmalı ve bölgedeki toplam 14 adayı Türkiye’ye iade etmelidir.
Ümit YALIM
Milli Savunma Bakanlığı eski Genel Sekreteri
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