Cyprus



1. Constitutional structure and position of IHL in domestic law

Cyprus is a republic with a presidential system of government. The legal system is based on common law, with civil law elements.

The Council of Ministers is in charge of foreign affairs (Art. 54 Database 'IHL - National Implementation', View 'Maintenance\0a. ALL by Site', Document 'Constitution (extracts)' of the Constitution), including the negotiation and signing of treaties (Art. 169 Database 'IHL - National Implementation', View 'Maintenance\0a. ALL by Site', Document 'Constitution (extracts)'). These treaties have then to be approved by the House of Representatives (Art. 169 Database 'IHL - National Implementation', View 'Maintenance\0a. ALL by Site', Document 'Constitution (extracts)') and are finally ratified by the President (Art. 37 Database 'IHL - National Implementation', View 'Maintenance\0a. ALL by Site', Document 'Constitution (extracts)'). The President also has a right of veto, which he may exercise separately or jointly with the Vice-President (post currently vacant), regarding any decision of the Council of Ministers concerning foreign affairs (Arts 48 Database 'IHL - National Implementation', View 'Maintenance\0a. ALL by Site', Document 'Constitution (extracts)', 49 Database 'IHL - National Implementation', View 'Maintenance\0a. ALL by Site', Document 'Constitution (extracts)' and 57 Database 'IHL - National Implementation', View 'Maintenance\0a. ALL by Site', Document 'Constitution (extracts)') and any law or decision of the House of Representatives concerning the conclusion of international treaties (Art. 50 Database 'IHL - National Implementation', View 'Maintenance\0a. ALL by Site', Document 'Constitution (extracts)').

Once published in the official Gazette, treaties concluded in accordance with the Constitution take precedence over any domestic law (including the Constitution), on condition that such treaties are applied by the other party (Arts 169 Database 'IHL - National Implementation', View 'Maintenance\0a. ALL by Site', Document 'Constitution (extracts)' and 179 Database 'IHL - National Implementation', View 'Maintenance\0a. ALL by Site', Document 'Constitution (extracts)' of the Constitution).

The Republic of Cyprus acceded to the four Geneva Conventions on 23 May 1962. Parliament subsequently approved this accession under Law No. 40 of 1966 Database 'IHL - National Implementation', View 'Maintenance\0a. ALL by Site', Document 'Geneva Conventions Ratification Law of 1966' (published in the Official Gazette on 18 July 1966). On accession, the Republic of Cyprus made the reservation that it would use the procedure provided for in Article 169 of the Constitution. Parliament approved accession to Additional Protocol I under Law 43 of 1979 Database 'IHL - National Implementation', View 'Maintenance\0a. ALL by Site', Document 'Additional Protocol (Protocol I) to the Geneva Conventions (Ratification) Law of 1979' (published in the Official Gazette on 12 May 1979) and Cyprus ratified that protocol on 1 June 1979. Finally, Cyprus acceded to Additional Protocol II on 18 March 1996. On 14 October 2002, Cyprus accepted the competence of the International Fact-Finding Commission under Article 90 of Protocol I.