With the approaching Centennial of the Armenian Genocide, there has been growing public interest in taking legal action against Turkey in international courts.
One of the leading experts in this field was Dr. Yuri Barseghov, Professor of International Law, who wrote scores of pioneering books and articles on Armenian claims. Shortly before his death in 2008, Prof. Barseghov of Moscow outlined the basis for legal action against Turkey in an article titled: “Ways and Means of Assigning Responsibility for the Armenian Genocide.”
Dr. Barseghov maintained that in 1920, “the Ottoman Empire admitted its responsibility for committing this crime” by signing the Treaty of Sevres, which unfortunately was not ratified due to the reluctance of the Allied Powers to pressure Turkey. Since then, despite the recognition of the Armenian Genocide by dozens of countries and international organizations, Prof. Barseghov believed that such acknowledgments “will not solve the problem of [Turkish] responsibility.”
Prof. Barseghov contended that “since Turkey stubbornly continues to refuse recognizing that it committed this crime, it is still necessary to solve the question of responsibility for the Armenian Genocide through competent international bodies by making such decisions mandatory for both parties [Armenia and Turkey].”
Dr. Barseghov did not believe that the United Nations is a practical vehicle for the resolution of the Armenian Genocide issue, since it is a highly politicized body. “Decisions of the General Assembly are not mandatory,” while the major powers, such as the United States and Great Britain, enjoy the privilege of veto power in the Security Council blocking any action against Turkey.
The problem of initiating litigation under the statute of the International Court of Justice (ICJ) is that both Armenia and Turkey have to agree in advance to abide by the decisions of the Court. Neither country has so far “recognized the obligatory jurisdiction of the International Court of Justice.” Since Turkey most probably would not agree to submit itself to such jurisdiction, Dr. Barseghov suggested that the Republic of Armenia as a sovereign state take advantage of “the unique opportunity” of filing a unilateral case against Turkey on its responsibility for the Armenian Genocide, “under Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide.”
Dr. Barseghov expressed regret that no response was received from the Armenian government after the Armenian Institute of International Law and Political Science of the Union of Armenians of Russia — which he directed — several years ago submitted a study on this subject to Pres. Robert Kocharian and Foreign Minister Vartan Oskanian.
Dr. Barseghov explained that “in order to start a case by this judicial procedure [Article IX], the Government of Armenia has to formulate its position on the questions of interpretation, application or implementation of the Convention on this basis on the question of responsibility of the Turkish state for the committed crime.”
Prof. Barseghov warned Armenian officials that “there exists a provision in International Law which is confirmed by the International Court of Justice in other cases: if a state has the opportunity to submit a dispute but does not take such action, it would mean that the state accepts the existing situation.”
Dr. Barseghov allayed possible Armenian concerns that the ICJ may object to filing such a case due to questions regarding the retroactivity of the Genocide Convention. He expressed his firm belief that the Convention applies to the Armenian Genocide even though it preceded the Convention. He noted that the ICJ in its Advisory Opinion of 1951 stated: “the principles inherited by the Convention on Genocide, unlike the treaty obligations established in it, were already part of common international law by the time these awful crimes were committed.”
Prof. Barseghov pointed out that arguments supporting the Convention’s retroactivity were put forward by the ICJ which has “twice given competent, exhaustive explanations on the fundamental basic questions of the applicability of the Convention including also its retroactivity.” Based on these rulings, Prof. Barseghov concluded: “the Convention applies also to crimes committed in the past whose consequences have not been eliminated.”
As announced during a recent conference in Yerevan, the Armenian government has formed a task force to prepare the legal file for a case to be brought against Turkey in international courts. The expert advice of Prof. Barseghov and other specialists should ensure that the lawsuit is properly prepared and presented to obtain long overdue justice for Armenian Genocide victims.
Harut Sassounian
We should not fear bringing our case before a court — even if we were not to prevail on the technical question of whether genocide occurred. An entire nation no longer exists on its homeland. That cannot be denied. One to two million people were murdered, starved or displaced. Indisputable. Armenian refugees fled to and orphanages were created in Lebanon, Syria, Jerusalem, etc. Countless survivors and missionary stories have been recorded. Turkey’s signature on the Treaty of Sevres documents their acknowledgment of responsibility for crimes against Armenians and Assyrians and others. Let the evidence be presented. Let the world hear the facts. Justice will follow if we do our part.
Taking our Cause to the international courts is long overdue. The case must be there for the world to see that a great injustice was done to the Armenian people with the perpetrator left unpunished. We almost certainly will not achieve desirable results at a sweep, but the fact that a legal case on acknowledgment, financial reparations, and land restitution for the committed genocide exists in the courts is very important. In my opinion, it is more important than draining our limited resources on drawing the G-word from the mouth of a US president.
Justice will follow ??? what justice are we talkin here? jungle ?
Because it’s a jungle out there,enough FANTASY !!!
I will express my concern and interest more simply.Also ask a few questions to the following:-
The recent conference above referred to in Yeerevan, had only historians gahtered there. Whereas in my suggestions(I never advise or even inform)I have sset forth the necessity to have Armenian -or even some non Armenian-International attorneys to sit togetheer with the aforementioned historians.latter cannot accomplish much ,without the expert knowledge of the Attorneys.Lemkin is not even mentioend ina bove communique…
2.MY MUCH MORE IMPORTANT SUGGESTION IS THAT THE LAWSUIT BE LODGED AT THE icj BY THE (TO BE MORE AMPLIFIED)FRENCH ARMENIAN entity that is striving to be acknowledged by U.N as The ¨WESTERN ARMENIA SUPREME COUNCIL¨.Meaning latter presents the remnants of the Genocide -outside of their ancestral lands,wehrefrom they were evicgted and massacred….
3.Republic of Armenia ,for int´l reasons cannot initiate and take it upon itself, such an important mission-responsibility,considering the overall political situation in the AREA, especially in the Caucasus(Axerbaiajn) and on the West,the Genocide State,great Turkey.Both of whom are fast at work trying to provocate yet another WAR.Read.Today.s Panarmenian.net.Axerbaijan is OUTRIGHT IGNORING THE minsk osce INTERVENTION AND/OR gOVT. OF THE tHREE MAJOR PARTICIPANTS IN SAME FOR P E A C E …
tO RESUME, ra CANNOT AT A TIME SUCH AS THIS,BE THE DEMANDENT-CLAIMER….WE IN DIASPORA ARE THE ¨MORE¨ LEGAL AND PARTY TO UNDERTAKE IT AND THE WOLRD CAN UNDERSTAND THAT MUCH BETTER.
ONE MORE THING.This is for All Armenians.:-Indeed we are all Armenians.However, there are situations that may lead us to ACT as seen more oppertune and beneficial and SOUND.
Please forgive me if I have overextended my viewpoints.I do not mean to hurt anyone´s feelings b ut this is the Reality.Politics dictate different approaches in different cases!!!
As for advice,please ask our Int´l attorneys(not only the historians)
Hsgcoghin Barev
I beg to disagree, Gaytzag. RoA is a subject of international law and can no doubt have incomparably more significant political and legal clout in the courts than a grassroots organization such as Western Armenia Supreme Council. Even if such a non-governmental entity launches the lawsuit, it will still affect RoA and the overall geopolitical situation in the area. I mean, Turks and Azeris will almost certainly make sure to use it against RoA even if it wasn’t RoA that initiated the lawsuit. I see bringing the case to international courts as an additional political leverage in the hands of RoA, but of course the measure needs to be thoroughly contemplated from legal, political, diplomatic, and military perspectives before going forward.
Finally getting to the nitty gritty, yet we do need diasporan unity as a cohesive body including all organizations.
Yes Harry,
Like getting the ladies guilds of this that Church or similar..and small and large organization..etc., etc., etc.,(futile,in my viewpoint),so far these have not achieved issues like the one in question and will not.For the simple reason they are CENTRIFUGAL.Each has its own Agenda and will Unite(as you imagine..why not (outwardly).Anyhow they do not represeent the Thick of our non-partisan non active populace (Armenian affairs wise).
What we need is to organzie fristly into work type classifications..regardless or inclusive of the said entities members(dual membership) one can be AGBU,or Tashnag8example9 but also be classifies in his her work type ´PROFESSIONAL COLLEAGUES Associations(MEMBER) IN LATTER THEY co op .NO NEED TO unify
uNITY IS A VAGUE tURKISH INJECTED INTO OUR FABRIC WORD.i HAVE SAID THIS, MANY A TIME OVER, SHALL SAY AGAIN.iN fRANCE THERE ARE LEFT, EXTREME lEFT, RIGHT EXTREME rIGHJTS PARTIES AND OR JUST PLAIN ENTITIES NOT RESEMBLING EA OTHER.tHE BECOME ONE fIST WHEN AN INTERNATIONAL ISSSUE IS AT STAKE. IT IS NOT IMAGINABLE THAT A sOCIALIST WILL EVER AC CEPT cçAPIOTALISTIC SYSTE, ETC., sO WE must learn to tolerate ea others´ideals and co operate
miapanil!!!!wE NEED THE OVER A 100,000 MEMBERS STRONG pca´S IN dIASPORA. NOT A FEW THOUSAND BBB´s members..This is ARA Baliozian´s reference to Bishops Benefactors and Bosses….
At present the system the Diaspora is Governed, not through a PCA syste,
The BBB´s were formed 70/80 yrs ago..(sstill ongoing9 We need new blood from our Young Professionals …and the middle aged…
now thats the correct way to go, good luck
To John,
I thought I argued and drove home my point,that it is politically much more feasible,related to, the Blood Money Claim* I do not agree to lodge a Claim for land…this can wait untill the Kurdish issue becomes more “pressing”so to say for great Turkey.
Armenia, Republic of Armenia has not the same status*leverage(even with some small percentage of Western Armenian heirs within its borders.(While more than a few millions in Diaspora are clearly Western Armenian heirs,from the remnants of the Genocide.The World public understand this better, rather more acceptable to them, than to imagine/picture Armenians of RA claiming land ,while droves of its citizens are leaving 8unfortunately.Also Diaspora Armenians pof Marseills, B-Aires, Fresno etc., are truly those whose parents shirtless, so to say came to those shores…
This can be immediately confirmed by Govt.s that accepted them into their countries….
The Western Armenian issue is not new, it has been there since Khrimian hairik, Boghos Nubar and Avedis Aharonian days…at the Berlin Conmf. and/or Paris in 1918..At the Sevres too.
Armenia , for your info did not make any move whatsoever, when the Axerbaijani officer was let loose and handed over to Axerbaiajn-when it had previously condemned and imprisoned the axe murderer for life…see what I mean. I do not enter into dispute over this with RA Govt. They wish to do it that way let them do it…or perhaps they thought best to swallow that piece as well..
What the Armenian Genocide survivors heirs DEMAND IS JUSTICE .This I insist ought to be -to begin with-for a real Claim for BLOOD MONEY.Something that has precedent-the jewish one…
as to land that can wait-above explained….
If we win the first round,through Western armenians Demand then ,the Turco Azeris are cornered for other claims such as land , riches etc., confiscated from our ancestors…illegally or by make shift laws, such as Varlek Vergisi ,Wealkth tax that was imposed on our remaining Armeniasn in Istabulla and othjer areas ,after the Genocide ,when these people had not done anything against the NDEW Turkish Republic. Do you want me to go on….
I am so looking forward for the armenians to bring their case to the court. But they will not. They can not. They full well know that they will lose it at the court.
I Dissent. I see no point in it unless we can have restitution of lands, which the Court cannot award..
Courts do not function in a vacuum. The judges may care about genocides with living witnesses, esp. if the criminals are not Moslems, but they are not so interested in a case thought to be against a bulwark of moderate Islam in the ME.
Additionally, it’s a certainty that Turkey and its bosom pal Pak. have been loading the court for years with their own people just to be ready.
Also, what do we get if the court makes a strong finding? What do we lose if they don’t pronounce a truthful and unequivocal verdict?
I also think the pendency of the case will halt the Hai Tahd movement dead in its tracks. It will take the court 10-15 years to rule, by which time many survivors’ grandchildren will be dead.
DURING THE 10-15 YEARS TIME, ALL DEMANDS TO GOVERNMENTS AND BODIES WE MIGHT MAKE WILL BE IGNORED IN FAVOR OF THE COURT.
Unless we get trillions in damages or lands, this is a waste of time and resources, and a positive detriment.
An English saying goes.-.WAIT AND SEE!!!
it may also be brought up in many international instances….