26
CYPRUS v. TURKEY JUDGMENT
must be taken to extend to decisions taken by courts and relating to such
everyday relations. The above citations show that, despite having been
invited to do so by the Secretary-General of the United Nations, the
International Court resolutely rejected the approach refusing any effect to
unlawful de facto regimes.
95. The Court notes that this rejection was echoed and amplified in the
separate opinions of Judges Dillard, de Castro and Onyeama. Judge Dillard
(1971 ICJ Reports, pp. 166-67) pointed out that the maxim “ex injuria jus
non oritur” was not an absolute one and added that “[w]ere it otherwise the
general interest in the security of transactions would be too greatly invaded
and the cause of minimising needless hardship and friction would be
hindered rather that helped”. Judge de Castro (ibid., pp. 218-19) drew a
distinction between acts of the de facto authorities in Namibia relating to
acts or transactions “relating to public property, concessions, etc.” and “acts
and rights of private persons” which “should be regarded as valid (validity
of entries in the civil registers and in the Land Registry, validity of
marriages, validity of judgments of the civil courts, etc.)”. Judge Onyeama
said that, although there was an obligation for third States not to recognise
the legality of South Africa's presence in Namibia, that duty did not
necessarily extend “to refusing to recognise the validity of South Africa's
acts on behalf of or concerning Namibia in view of the fact that the
administration of South Africa over Namibia (illegal though it is) still
constitutes the de facto government of the territory”.
96. It is to be noted that the International Court's Advisory Opinion, read
in conjunction with the pleadings and the explanations given by some of
that court's members, shows clearly that, in situations similar to those
arising in the present case, the obligation to disregard acts of de facto
entities is far from absolute. Life goes on in the territory concerned for its
inhabitants. That life must be made tolerable and be protected by the de
facto authorities, including their courts; and, in the very interest of the
inhabitants, the acts of these authorities related thereto cannot be simply
ignored by third States or by international institutions, especially courts,
including this one. To hold otherwise would amount to stripping the
inhabitants of the territory of all their rights whenever they are discussed in
an international context, which would amount to depriving them even of the
minimum standard of rights to which they are entitled.
97. The Court notes that the view expressed by the International Court
of Justice in the context described in the preceding paragraph is by no
means an isolated one. It is confirmed both by authoritative writers on the
subject of de facto entities in international law and by existing practice,
particularly judgments of domestic courts on the status of decisions taken by
the authorities of de facto entities. This is true, in particular, for private-law
relationships and acts of organs of de facto authorities relating to such
relationships. Some State organs have gone further and factually recognised