While readers are generally aware that the executive and legislative branches of the US government have recognized the Armenian Genocide, it is not as widely known that the judiciary has also reaffirmed the facts of the genocide on several occasions. Indeed, all three branches of the U.S. government have gone on record confirming that the Armenian Genocide was indeed a genocide.
The first time the executive branch made reference to the Armenian Genocide was back in 1951 in a key document filed by the U.S. government with the International Court of Justice (World Court). It stated: “The Genocide Convention resulted from the inhuman and barbarous practices which prevailed in certain countries prior to and during World War II, when entire religious, racial, and national minority groups were threatened with and subjected to deliberate extermination. The practice of genocide has occurred throughout human history. The Roman persecution of the Christians, the Turkish massacres of Armenians, the extermination of millions of Jews and Poles by the Nazis are outstanding examples of the crime of genocide.”
The second reference by the executive branch to the Armenian Genocide was made by President Ronald Reagan when he issued Presidential Proclamation 4838 on April 22, 1981, in which he stated: “Like the genocide of the Armenians before it, and the genocide of the Cambodians which followed it—and like too many other such persecutions of too many other peoples—the lessons of the Holocaust must never be forgotten.”
The legislative branch of the U.S. government adopted two resolutions confirming the historical facts of the Armenian Genocide. The first resolution, approved by the U.S. House of Representatives on April 8, 1975, designated April 24, 1975 “as a day of remembrance for all the victims of genocide, especially those of Armenian ancestry who succumbed to the genocide perpetrated in 1915.” A second resolution was adopted by the House of Representatives on Sept. 10, 1984, designating April 24, 1985 “as a day of remembrance for all the victims of genocide, especially the one and one-half million people of Armenian ancestry who were the victims of the genocide perpetrated in Turkey between 1915 and 1923.” In addition, the House adopted two amendments on the Armenian Genocide in the 1996 and 2004 Foreign Operations Appropriation Act.
However, most people are unaware that the judiciary, the third branch of the government, has issued at least three federal court rulings concerning the Armenian Genocide.
The first judicial reference to the genocide was the unanimous ruling of a three-judge panel of the First Circuit Court of Appeals on Aug. 11, 2010. In a decision written by former U.S. Supreme Court Justice David Souter, the court rejected a claim by an American-Turkish group that a curricular guide issued by the Massachusetts Education Commissioner explicitly referring to the Armenian Genocide should have included “contra-genocide” references.
The second court case involving the genocide was the ruling of federal Judge Colleen Kollar-Kotelly on Jan. 26, 2011, in the lawsuits regarding the Armenian Genocide Museum and Memorial in Washington, D.C. In the opening paragraph of her decision, Judge Kollar-Kotelly quoted the chilling words of Adolf Hitler: “Who, after all, speaks today of the annihilation of the Armenians?” She explained that Hitler was referring to “the largely successful efforts by the Ottoman-Turkish government to eliminate the Armenian population living on its historical homeland during the World War I era, known today as the Armenian Genocide.” She stated in a footnote that “the Court’s use of the term ‘genocide’ is not intended to express any opinion on the propriety of that label.”
The third judicial reference to the genocide was made on May 3, 2012, by a three-judge panel of the Eighth Circuit Court of Appeals, denying the claim of the Turkish Coalition of America against the University of Minnesota. In a unanimous opinion, the judges referred unambiguously and without qualification to the Armenian Genocide, describing it as “the Turkish genocide of Armenians during World War I.”
With all three independent branches of the U.S. government going on record reaffirming the genocide, the United States has gained its rightful place in the list of righteous nations that have recognized it. In fact, in many respects, the United States has compiled a more extensive record of acknowledging the Armenian Genocide than most other countries that have merely adopted a legislative resolution on this issue.
Harut Sassounian
Why are we talking about the genocide when Azeris are trying to invade Armenia today?
Has the Weekly not seen the latest provocations that occurred in Armenia proper? I swear I saw an article on it on this website?
Is the older generation in the diaspora that dense to not understand the grave issues in front of our “independent” nation? Do they not care that Armenia has lost more than 1.3 million people since independence because of despicably inept and corrupt officials? Or that a 10 million person and 85 billion dollar GDP nation is trying to finish what there Turkish brothers started?
Older generation, LISTEN UP. We have much more pressing issues for Hai Tad than genocide recognition. If we continue this there will be not Armenia to receive genocide reparations. Turn the blinders off!
“In fact, in many respects, the United States has compiled a more extensive record of acknowledging the Armenian Genocide than most other countries that have merely adopted a legislative resolution on this issue.”
Harut
You should enjoy your genocide recognition then he he he he
Mark B
Everything has its own place and function. Recognition, reparation, preparedness for war, a functioning economy, social justice, you name it. True, in face of the new aggression of the Azeri, I believe a new good lesson should be taught to them, but that does not mean that recognition should be forgotten. Recognition will always be important, though not the only important matter, so that the world does not forget it. Also, the experience and knowledge of older generation is as important as the fervour and entusiasm of the young generation. Those are forces and energies which should complement and not exclude each other.
Mark,
I couldn’t agree with you more. Have you read the US headlines–totally misrepresenting the situation?
Arshag,
I think you overestimate the strength of the Diaspora. We only have the will and capital to truly focus on one task at a time. Again, if you want there to be an Armenia to even receive these Utopian reparations then the Diaspora needs to focus on strengthening Armenia now. Not AFTER genocide recognition, when there might not be an Armenia or at least not an Artskh or Sunik or Tavuz!
Wake up. The old model that was used before independence is flawed and antiquated. I am 30 years old and I have seen the weakening on our community because of the misguided approach of Diaspora leaders. What will it take for the older generation to get it? If we lose Artsakh, will that do it? What about Artskah, Suinik and Tavuz? Will that wake up the diaspora?
Let me know, I’d really curious to know how blind our community really is.
what a pointless and deceptive article!
The first and third cases affirmed academic freedom (basically the cases were dismissed, since courts have no right to intervene with academic freedom, without agreeing or disagreeing with the factual matter), while in the second case the judge in her memorandum of opinion basically included a disclaimer on the use of the term “genocide” (while the whole lawsuit itself was plenty shameful for the Armenian community at large).
And how convenient not to include links to the said court “decisions”. Here, let me correct that for you:
1: http://www.ca1.uscourts.gov/pdf.opinions/09-2002P-01A.pdf
2: docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2007cv01259/126541/248/0.pdf?ts=1296228554
3: courtops.org/wp-content/uploads/2011/04/defamvUM_dismd_101135952081.pdf
Harut, stop producing useless articles in an attempt to justify the use of the word genocide. It does more disservice by creating a contention point for the denialist machine. What happened in 1915-1923 to Armenians was genocide, as widely agreed by genocide scholars and historians. The opinions of the judicial, the legislature and the executive branches cannot affirm or deny that it was genocide, in the same way that they cannot deny laws of physics (widely agreed upon by the relevant scientific community – the physicists), or laws of demand and supply (widely agreed upon by the relevant scientific community – the ecnomists). This whole charade is to continuously put pressure on Turkey and keep the issue in the news, so that the Turks can educate themselves and reach an internal recognition of the Armenian genocide in Turkey itself. So saying that, there, Joe the judge used the word genocide is silly at best. What would have tremendously more effect, is pointing out how stupid the first and third cases were, and how Turkish denialists are abusing the judicial system in an attempt to intimidate the truth speakers.
I usually do not respond to those who post comments under a fake name. I just want to point out that he or she under the fake name of “Nairi” is most probably a Turkish denialist masquerading as an Armenian with the sole intent of undermining my defense of the Armenian Cause.
This denialist has distorted my column by:
— ignoring the quotations from federal judges who have used the term Armenian Genocide with no qualifications;
— presenting the disclaimer of one of the judges as a major revelation, even though I have pointed out that disclaimer myself in my column and contrasted it with the Judge’s own words reaffirming the facts of the Armenian Genocide;
— calling my columns “useless articles… to justify the use of the word genocide”;
— giving me worthless advice about writing columns on the abuse of the judicial system by Turkish denialists, since I had written a column a few weeks ago pointing out such abuses by the Turkish Coalition of America.
— Urging Armenians to continue falling in the Turkish trap by constantly proving the genocide and not pursuing our legitimate demands for reparations from Turkey and the return of our historic homeland.
“our legitimate demands for reparations from Turkey and the return of our historic homeland.”
Mr. Harut,
Are you in dream ?
You even refrain from taking the issue to the court, how that you say will come true?
Dear Harut Sassounian,
please let go of this thread here for the time being.DO PLEASE READ TODAY’s Panarmenian.com wherein a quote from a turkish source writes about great Turkey’s president mr. Abdullah Gul’s sstatment/discourse at IGDIR,-close border point with RA and an old Armenian town- where he makes very sensational declarations .I just put in on facebook,below that,saying looks like having exhausted all their efforts re entry into EU,then pretending to become Leader in Middle East over Arab Stases and Iran and not being able to settle 16 million question*kurds( has now resorted to Armenian and the caucasus….