Le statut démilitarisé des îles de la mer Égée dans le cadre du droit international

The Aegean Sea, owing to its unique geographical characteristics and the historical developments that have unfolded since the 19th century, has constituted one of the most contentious fields within international law. At the heart of these disputes lie the demilitarization regimes imposed upon the islands of the region, introduced primarily as a response to security concerns during processes of sovereignty transfer. Considering both their geographical position and historical context, it becomes evident that the demilitarized status of the Aegean islands cannot be explained through a uniform regulatory framework, but rather has been shaped through different periods and distinct legal instruments. This thesis approaches the demilitarized status of the Aegean islands from a comprehensive perspective and examines the island groups in three separate categories in light of their respective legal developments. The first group under examination is the Bogazonu Islands, comprising Lemnos and Samothrace. In this regard, the disputes that have arisen between Turkey and Greece are identified as being primarily linked to fundamental issues of treaty law, particularly in relation to the effect of the Montreux Convention Regarding the Regime of the Straits on the Treaty of Lausanne and the Convention Relating to the Regime of the Straits. Furthermore, the implications of the statements made in 1936 before the Turkish Grand National Assembly by Foreign Minister Tevfik Rüştü Aras have been analyzed, particularly with respect to the binding nature of unilateral declarations made by state officials. At this point, it is also demonstrated that principles and interpretations reflected in international judicial decisions have indirectly influenced the debate, thereby underscoring that the matter must be approached not solely through treaty provisions but also in light of relevant judicial jurisprudence. Secondly, the Eastern Aegean Islands – comprising Lesbos, Chios, Samos, and Ikaria – are addressed. The demilitarized status of these islands has been subject to more restrictive regulations in comparison to other island groups. Within this framework, legal debates have largely revolved around the right of self-defense and the principle of fundamental change of circumstances (rebus sic stantibus). These issues continue to form the core of disagreements between the parties to this day. The third group, the Dodecanese Islands, enjoys a distinct regime established under the Paris Peace Treaty. The central issue here concerns whether Türkiye, as a non-party to this treaty, may invoke its provisions. This question is examined in the context of the principle of pacta tertiis and the doctrine of treaties establishing an objective régime. In addition, judicial pronouncements of international courts and tribunals referring to objective status régimes have been taken into account, thereby situating the analysis within both doctrinal and jurisprudential perspectives. Throughout the study, official documents reflecting the arguments of the parties have been employed as primary sources. Preparatory works of the relevant treaties have been analyzed where available, and in cases where such documents could not be accessed, doctrinal commentaries have been utilized. Furthermore, the assessment of these disputes has incorporated contemporary legal developments. Thus, the legal issues surrounding the demilitarized status of the Aegean islands have been examined as comprehensively and holistically as possible, through the combined lens of treaty law and international judicial practice. In conclusion, it has been determined that while certain legal arguments advanced by Greece may find limited support, the majority fail to meet the necessary conditions and therefore cannot justify the termination of the demilitarized status of the islands.