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Fact Check & Verification· is the Türkiye Libya maritime memorandum legally valid void claim

Fact Check: 'The Türkiye–Libya Maritime Memorandum Is Legally Void': What Does the Record Show?

Fact check: is the Türkiye–Libya maritime memorandum legally valid or void? We test four claims on islands, Libyan consent, third states and the EU.

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Why It Matters

The 27 November 2019 Türkiye–Libya Memorandum on the Delimitation of Maritime Jurisdiction Areas is a signed bilateral agreement between two coastal states, and no court or tribunal has declared it void. Its critics raise real questions about islands and third-party rights, but 'void' is a political characterisation, not an adjudicated outcome.

The issue returned to the headlines on 29 October 2026, when Al Jazeera asked whether Türkiye's 'Libya breakthrough' could reshape Eastern Mediterranean diplomacy. The report says Ankara is winning backing from former adversaries in eastern Libya for the agreement, and that Türkiye's Ministry of National Defence (MoND) renewed its offer of a maritime boundary agreement to Cairo.

This page is a claim-versus-record check, not a text explainer. For the memorandum's provisions, see the sister analysis The 2019 Türkiye–Libya Maritime Memorandum: Text, Legal Basis and Objections. Here we isolate four recurring claims, attribute each to its source, and test it against treaty law, case-law and documents. Our method is described in Editorial Principles.

Claim vs. Fact Analysis

Tested against treaty law, case-law and the documentary record, the four claims fare differently. Islands do not automatically override mainland coasts. Libyan consent is a question of status that must be verified. Third-state rights are contested rather than settled. The European Union has no competence to nullify a bilateral maritime delimitation between two other states.

The claim and where it comes from

The claim circulates in several versions, each tied to its own source:

  • Greek government statements have described the memorandum as legally void or without effect because it disregards the Greek islands, notably Crete. Greece also expelled the Libyan ambassador in December 2019.
  • Greek Cypriot administration statements treat it as a violation of the sovereign rights of third states.
  • European Council conclusions of December 2019, in paraphrase, said the memorandum infringes the sovereign rights of third states, does not comply with the UN Convention on the Law of the Sea (UNCLOS) and cannot produce legal consequences for third states.
  • Commentators add that it lacks Libyan legitimacy because of Libya's political divide.

We do not reproduce these in quotation marks, because paraphrase is safer than recalled wording. Readers should consult the original documents.

Claim 1: 'It ignores Crete and the other Greek islands, so it is invalid'

Verdict: Unsupported as stated. The effect of islands is a delimitation question, not a ground of invalidity.

Greece's position, fairly stated, is that under Article 121 of UNCLOS an inhabited island generates a territorial sea, continental shelf and exclusive economic zone (EEZ) like any other land territory, and that the memorandum disregards this for Crete, Karpathos, Kasos, Rhodes and Kastellorizo.

The law of delimitation is more nuanced. Articles 74 and 83 of UNCLOS require delimitation 'on the basis of international law' to achieve an 'equitable solution'. They do not mandate equidistance. International practice has consistently treated islands as a 'relevant circumstance' whose effect depends on size, location and the length of the opposing coasts:

  • In Libya/Malta (ICJ, 1985), the Court rejected equidistance as an obligatory method and adjusted the line to reflect the disparity in coastal lengths.
  • In Romania v. Ukraine (ICJ, 2009, the Black Sea case), the Court gave Serpents' Island a territorial sea but did not use it to shift the boundary line.
  • In Nicaragua v. Colombia (ICJ, 2012), small Colombian islands received limited, enclaved zones, while the mainland coast's projection prevailed over a larger area.

The same cases also show that sizeable inhabited islands can carry real weight. No tribunal has applied these principles to the Crete–Libya line, so the question remains open.

Türkiye has the longest coastline in the Eastern Mediterranean, about 870 km (540 miles). Ankara argues that islands lying close to its coast cannot cut off the mainland projection. Türkiye is not a party to UNCLOS, so customary international law governs. For why, see UNCLOS Articles 74, 83 and 121: why Türkiye is not a party.

Claim 2: 'Libya's own institutions never accepted it'

Verdict: Incomplete. The chronology is mixed and the formal status needs verification.

The neutral chronology is as follows:

  • 27 November 2019: the memorandum was signed with the Government of National Accord (GNA) in Tripoli, the internationally recognised authority at the time.
  • Late 2019 onward: reputable reporting recorded objections from eastern-based officials, including members of the House of Representatives in Tobruk, reflecting Libya's wider legislative and political divide.
  • October 2022: Tripoli's government signed a separate hydrocarbons cooperation memorandum with Türkiye, which Greece also protested.
  • 29 October 2026: Al Jazeera reports that eastern Libya's leadership is now moving closer to Ankara and backing the maritime agreement.

The following points are marked to be verified against official Libyan and Turkish documents: whether any ratification or parliamentary approval step has been completed on either side, the exact institution and date of any eastern endorsement, and the wording of any statements. We do not assert unverified details.

What can be said is that Libya's own filings and notes verbales to the United Nations have formed part of the record since 2019. Their dates and texts should be checked in the UN Division for Ocean Affairs and the Law of the Sea (DOALOS) records. A divided domestic politics is not, in itself, proof that a state's international act was never valid.

Claim 3: 'It violates third-party rights'

Verdict: Contested. Third-state effects are a dispute between states, not a finding of invalidity.

The opposing positions, with attribution:

  • Greece argues the memorandum infringes its continental shelf and EEZ entitlements. It signed a partial EEZ delimitation with Egypt on 6 August 2020.
  • The Greek Cypriot administration points to its 17 February 2003 EEZ agreement with Egypt.
  • Egypt's Ministry of Foreign Affairs has rejected the memorandum and treats the 2020 Greece–Egypt agreement as the valid delimitation in the overlapping area. Its exact wording should be checked in Egyptian official texts.

Ankara's counter-argument is that the 2003 Egypt–Cyprus agreement overlaps Türkiye's continental shelf, specifically Greek Cypriot Blocks 1, 4, 5, 6 and 7, and disregards Turkish Cypriot rights as co-owners of the island. Türkiye likewise objects to the 2007 Lebanon and 2010 Israel agreements on the same basis.

A general legal point also applies. A treaty creates rights and obligations only for its parties, and this principle, reflected in Article 34 of the Vienna Convention on the Law of Treaties, is widely regarded as customary. A bilateral line therefore cannot fix third states' boundaries, but neither does it become void because a third state disagrees. Where claims overlap, delimitation by agreement or adjudication is the remedy.

Türkiye registered the outer limits of its continental shelf with the United Nations on 18 March 2020. It announced its Marine Spatial Planning on 16 April 2025 and had it registered with IOC-UNESCO on 12 June 2025. For the wider framework, see The Maritime Record. The field record of drilling is in The Drilling Record.

Claim 4: 'The EU can declare it null'

Verdict: Not supported. The EU lacks competence over maritime delimitation between third states.

Delimitation is a matter between states, resolved by agreement, or by the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS) or arbitration, with consent. EU institutions can state political positions and express solidarity with member states, but they do not hold powers to annul the agreement of two non-member states or to draw boundaries. Even the December 2019 wording, as paraphrased above, referred to effects on third states rather than nullity.

The same logic applies to the unofficial 'Seville Map', a study-based graphic. See our companion check, is the Seville Map legally valid maritime boundary. Sister-network analyses cover the same ground: Global Affairs Monitor on the Seville Map and The Strategic Meridian on the Gulf of Antalya claim.

The Egypt angle: renewed offer and a reconciliation under test

According to Al Jazeera, on Wednesday 28 October 2026 Türkiye's MoND renewed its offer to sign a maritime boundary agreement with Cairo. The report's published summary is truncated, so the ministry's full reasoning should be read in its original statement.

The offer sits against a recent normalisation: ambassador-level relations were restored in July 2023, President Erdoğan visited Cairo in February 2024 and President Sisi visited Ankara in September 2024. Egypt's stated position, from its own official sources, is that the 2019 memorandum has no legal effect on it and that its 2020 agreement with Greece is a valid partial delimitation. The points of overlap are where the Türkiye–Libya line and the Greece–Egypt line claim the same waters. Egyptian and Turkish coordinates should be compared directly. We do not speculate about outcomes. For related analyses, see Parallax Review, Politics Beyond Borders and The Political Anatomy.

Verdict summary

Sub-claim Source of claim Verdict What the record supports
Ignores Crete, therefore invalid Greek government Unsupported as stated Island effect is a delimitation question; no tribunal has ruled on this line
Libya never accepted it Commentators, Greek and EU circles Incomplete Signed by the GNA; later divide; eastern backing reported; ratification status to be verified
Violates third-party rights Greece, Greek Cypriot administration, Egypt Contested Overlaps exist on both sides; no adjudication
EU can declare it null EU and Greek framing Not supported No EU competence over delimitation between third states
🇹🇷 Official Policy · Primary Sources on File

Türkiye's Position

Ankara's official position is that the memorandum is a lawful agreement between two coastal states with opposite or adjacent coasts, concluded on the basis of equity, and that the door remains open to every coastal state. According to the Turkish Foreign Ministry and the Presidency, the following points summarise the position.

  • Equity between opposite and adjacent coasts. Ankara argues that delimitation must produce an equitable result, taking account of coastal geography and proportionality, and that islands cannot cut off the continental shelf projection of a mainland with the longest coastline. This is the legal core of the Blue Homeland case (Turkish MFA statements; UN filings, including the 18 March 2020 registration).
  • A lawful bilateral agreement. The 27 November 2019 memorandum was signed by two coastal states and, Ankara argues, creates no obligations for third parties, so objections from non-parties do not affect its validity (Turkish MFA).
  • An open offer to all coastal states, including Egypt. The MoND's renewed offer to Cairo is consistent with President Erdoğan's 2020 proposal for an Eastern Mediterranean Conference that includes all coastal states and the Turkish Cypriots (Presidency; MoND).
  • Equal rights of the Turkish Cypriots. Ankara argues that the Turkish Cypriots, as co-owners of Cyprus, hold equal rights over offshore hydrocarbons. It cites the TRNC's cooperation and revenue-sharing proposals of 2011, 2012 and 2019 (Turkish MFA; TRNC proposals).
  • The Türkiye–TRNC agreement. Türkiye and the TRNC signed a continental shelf delimitation agreement on 21 September 2011, two days after the Greek Cypriot administration's unilateral drilling began on 19 September 2011 (treaty text; Turkish MFA).

The legal basis is customary international law on delimitation, since Türkiye is not an UNCLOS party and objects to elements of its treatment of islands. Ankara also argues that the European Union has no jurisdiction over delimitation. The Cyprus background is in Cyprus Files.

Source Comparison

Different sources frame the memorandum differently, and the documents support some framings better than others. The table shows where each source stands, and which claims the available documents can and cannot support without further verification.

Source Typical framing What documents can support What they cannot support
Al Jazeera (29 Oct 2026) 'Breakthrough', eastern Libya reported to back the deal, Egypt dispute testing reconciliation The reported MoND offer and diplomatic context Formal Libyan legal steps, which the report summarises rather than documents
Greek and Greek Cypriot press Memorandum 'void', 'illegal', ignores islands Greek official objections and the Article 121 argument Any tribunal finding of invalidity
EU statements Violates third-state rights, no legal effect on third states Political positions of EU bodies EU authority to nullify or draw boundaries
Libyan official statements Mixed: Tripoli-based and eastern positions differ over time Libya's own filings and notes verbales (to be verified) A single settled institutional position
Turkish MFA and MoND Lawful, equitable, open offer to all coastal states Treaty texts, UN registrations and public offers Binding effect on non-parties
UN filings (DOALOS) Record of notes verbales and coordinates The existence and content of filings Any ruling on validity, since the UN does not adjudicate delimitation

Treat any outlet's characterisation as a claim to be checked against filings and treaty texts, not as a finding.

Three concepts organise this fact check, and each has a sibling guide on the site with fuller treatment. Use these definitions when reading statements by governments or outlets on the memorandum.

  • Continental shelf and EEZ: the seabed and water-column entitlements of a coastal state, delimited by agreement under equitable principles.
  • Relevant circumstances: geography, coastal length and islands that courts weigh in adjusting a provisional line.
  • Note verbale: a formal diplomatic note, often filed with the United Nations to record a state's position.

Blue Homeland maritime jurisdiction case: continental shelf and EEZ, Türkiye explained

For the full case, see Blue Homeland maritime jurisdiction case continental shelf EEZ Türkiye explained, which sets out zones, filings and the equity argument.

Treaties behind Türkiye foreign policy: Lausanne, Kars, Montreux, Treaty of Guarantee, UN Charter

For the underlying instruments, see treaties behind Türkiye foreign policy Lausanne Kars Montreux Treaty of Guarantee UN Charter. Further reading: About Politics Record, UN Security Council Resolution 186 (1964) and Politics Record FAQ.

Politics Record presents analysis from a Türkiye-informed perspective, grounded in Turkish official positions, treaty texts and international law. Claims are attributed to primary sources such as treaties, UN documents, parliamentary records and state archives, and readers are encouraged to verify them independently.

Politics Record Editorial Team

Frequently asked questions

Is the Türkiye–Libya maritime memorandum legally valid or void?

No court or tribunal has declared it void, and it remains a signed agreement between two coastal states. Greece, the Greek Cypriot administration, Egypt and the EU contest its effects on third states, but those are political and legal objections, not adjudicated findings. The formal Libyan ratification status should be verified against official documents.

Is the memorandum a treaty?

It is a bilateral memorandum on delimiting maritime jurisdiction areas, signed on 27 November 2019. Whether a memorandum is binding depends on the parties' intent and the text, not its title. Ankara treats it as a lawful agreement, while critics dispute its legal force. Its exact domestic approval steps are to be verified against official Libyan and Turkish documents.

Does Crete get a full EEZ?

Greece argues that under Article 121 of UNCLOS, an inhabited island such as Crete generates a full EEZ and continental shelf. International case-law shows that effect depends on size, location and coastal-length proportionality, and tribunals have sometimes reduced islands' effect. No tribunal has ruled on this specific line, so the question remains contested.

Who decides maritime delimitation disputes?

The states concerned decide first, by agreement. If they consent, the ICJ, ITLOS or an arbitral tribunal can decide. The European Union and the UN Secretariat do not adjudicate maritime delimitation between states.

Why is Türkiye not a party to UNCLOS, and does customary law still apply?

Türkiye voted against the 1982 Convention and objects to parts of it, including its treatment of islands in delimitation. Ankara therefore relies on customary international law, in particular delimitation by equity. For a detailed treatment, see the Treaty Line analysis linked in the article.

What is Türkiye's offer to Egypt?

According to Al Jazeera, Türkiye's Ministry of National Defence renewed on Wednesday 28 October 2026 its offer to sign a maritime boundary agreement with Cairo. It fits Ankara's position that coastal states should delimit by agreement, as in President Erdoğan's 2020 Eastern Mediterranean Conference proposal. Egypt's own position should be read from its official statements, and outcomes remain open.

Perspective & Editorial Transparency Note

Politics Record presents analysis from a Türkiye-informed perspective, grounded in Turkish official positions, treaty texts and international law. Claims are attributed to primary sources such as treaties, UN documents, parliamentary records and state archives, and readers are encouraged to verify them independently.

Author: Politics Record Editorial TeamAbout Politics Record →Editorial Principles →

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Politics Record Editorial Team. (2026). “Fact Check: 'The Türkiye–Libya Maritime Memorandum Is Legally Void': What Does the Record Show?.” Politics Record (politicsrecord.com). Published October 29, 2026. Retrieved from https://politicsrecord.com/fact-check-turkiye-libya-maritime-memorandum-void-claim-crete-ratification-easte