Armenian genocide reparations
The issue of Armenian genocide reparations derives from the
Historical background
The aftermath of the Armenian genocide
Apart from the one to one and a half million deaths, Armenians lost all their wealth and property and received neither compensation nor reparations.[6] Businesses and farms were lost, and all schools, churches, hospitals, orphanages, monasteries, and graveyards became Turkish state property.[6] In January 1916, the Ottoman Minister of Commerce and Agriculture issued a decree ordering all financial institutions operating within the empire's borders to turn over Armenian assets to the government.[7] It is recorded that as much as 6 million Turkish gold pounds were seized along with real property, cash, bank deposits, and jewelry.[7] The assets were then funneled to European banks, including Deutsche and Dresdner banks.[7]
After the end of World War I, genocide survivors tried to return and reclaim their former homes and assets, but were driven out by the Turkish National Movement.[6]
Treaty of Sèvres
The punishment of the crime of the Armenian massacres, as well as the obligation to make restitution to the survivors were envisaged by the victorious
...some of its elements retain the force of law and the treaty itself is not superseded by the 1923 Treaty of Lausanne. In particular, the fixing of the proper borders of an Armenian state was undertaken pursuant to the treaty and determined by a binding arbitral award. Regardless of whether the treaty was ultimately ratified, the committee process determining the arbitral award was agreed to by the parties to the treaty and, according to international law, the resulting determination has legal force regardless of the ultimate fate of the treaty. This means that, under international law, the “Wilsonian boundaries” are the proper boundaries of the Armenian state that should exist in Asia Minor today.[1]
Treaties of Alexandropol and Kars
The Treaty of Sèvres was superseded by the
After
Reparation proposals
According to the former Foreign Minister of Armenia,
Many Armenians demand a restoration of the Turkish-Armenian border as demarcated by former United States President Woodrow Wilson in the 1920 Treaty of Sèvres, and a hefty amount of cash reparations.[15] Some demand a land corridor between Armenia and the Black Sea in order to ensure the long-term viability of the Armenian state, while others only want the symbolic inclusion of Mount Ararat in Armenia and a formal apology by Turkey.[15] Ümit Kardaş, a retired Turkish military judge, proposes the unconditional opening of the Turkish-Armenian border, as well as an invitation by the Turkish state to all Armenians living in the diaspora to settle in their ancestral lands in Turkey.[16]
According to a study made by the
The issues of "holding responsible"
In the sense of responsibility for the genocide the issue can be separated into 2 major concepts: personal and state.
The issue of personal responsibility and “punishment”
It is an accepted principle of law, that criminal cases may be brought against living people only. In this scope criminal proceedings of this kind are currently impossible as the perpetrators are already dead. In this regard the possibility of involvement by International Criminal Court (ICC) seems impossible not only because of that, but also that by its regulations it has no retroactive jurisdiction.[17]
This kind of proceeding already took place. The perpetrators were found guilty in the
The issue of "punishment" of the responsible state
In the modern International Law, however, the idea of criminal liability of states is affirmed. This way the Article 19 of the initial draft articles on state responsibility adopted by the International Law Commission (ILC) genocide was listed among the international crimes. Such an assertion opens the way for an international "punishment" of the state to which genocidal acts are attributed. This could be the case with Turkey if it is held responsible for the Armenian genocide.[17] Despite this in the general frames of this draft the mechanisms, the level of responsibility and other factors are quite vague which explains the final deletion of the word "crime" from the draft of ILC and makes mention of an unclear "serious breach of an obligation arising under a pre-emptory norm of general international law".[17]
According to some, there does not exist a proper mechanism to hold Turkey responsible for the damage caused to Armenians by the genocide. In this scope, according to Professor
Dealing with the reparations
Grounds in international law
The United Nations Basic Principles and Guidelines on the Right to Reparation for Victims of Gross Violations of Human Rights and International Humanitarian Law provide in part:
Reparation may be claimed individually and where appropriate collectively, by the direct victims of violations of human rights and international humanitarian law, the immediate family, dependants or other persons or groups of persons closely connected with the direct victims.[18]
While current members of Turkish society cannot be blamed morally for the destruction of Armenians, the present-day
The lands, buildings, bank accounts and other property of the Armenian communities in Turkey were systematically confiscated. Should there be no restitution for this act of mass theft, accompanying, as it did, the ultimate crime of genocide?
Pr. de Zayas states that the restitution of confiscated Armenian property remains a continuing State responsibility also because of Turkey's current human rights obligations under international treaty law, particularly the corpus of international human rights law.[5]
Particularly important are Principles 9 and 12 that state that civil claims relating to reparations for gross violations of human rights and international humanitarian law shall not be subject to statutes of limitations (article 9), and that restitution shall be provided to re-establish the situation that existed prior to the violations of human rights or international humanitarian law. The restitution requires, inter alia - return to one's place of residence and restoration of property.[18][19]
For reparations of gross violations of human rights, two other general principles are relevant: the principle of ex injuria non oritur jus (translation: from a wrong no right arises), meaning that no State should be allowed to profit from its own violations of law, and the principle of "unjust enrichment". It is a general principle of law that the criminal cannot keep the fruits of the crime.[20][21]
Current legal mechanisms
Despite the recent large experience and advance in dealing with similar issues, there are ascertains that the existing legal background provides insufficient mechanisms for the resolution of the subject issue unless mutually agreed on one. There is little doubt that Turkey will join any discussion concerning its responsibility towards the victims .[22] This can also be supplemented with facts that Armenia was nonexistent as an independent state at the time of the genocide and that the victims were mainly the subjects of the Ottoman Empire itself.[17]
Armenian organizations demanding reparations
Armenian Apostolic Church
- The Antelias, Lebanon where it is headquartered to this day.[23] On April 28, 2015, Armenian Church leaders launched legal action before Turkey's Constitutional Court to reclaim the historic headquarters of the Church, which includes the Catholicosate, the monastery and cathedral of St. Sophia.[24] If the lawsuit fails, an appeal is planned at the European Court of Human Rights.[25] The Catholicos of All Armenians, Karekin II has voiced his support and said that the Mother See of Holy Etchmiadzin in Armenia may take similar steps.[26]
Armenian political parties
- The Tiflis, Georgia. The ARF possesses the largest number of members from the political parties present in the Armenian diaspora, and is also actively present in the political life of the Republic of Armenia by having representatives in the Parliament and by having participated in the ruling coalition.[27] The party advocates the recognition of the Armenian genocide, as well as reparations. A section of its program called "General Theory" has recently been adapted to current concepts of socialism, democracy, and rights of self-determination.[28] Among its goals are the international condemnation of the genocide committed by the Ottoman Empire against the Armenians, the return of occupied lands in accordance with the Sèvres Treaty, and just reparations to the Armenian nation.[29]
- The Social-Democrat Hunchakian Party, another political party with many adherents in the Armenian diaspora, also supports worldwide recognition of the Armenian Genocide and necessary indemnification, essentially based on territorial rights. It supports the right of the Armenian people to return to their historic homeland as well as their right to self-determination.[30]
- The Armenian Democratic Liberal Party, a third traditional Armenian political party, supports worldwide recognition and also the reparation by Turkey for the goods and assets of Armenians that were taken.[31]
Defunct paramilitary organizations
- The Marxist-Leninist militant organization, that operated from 1975 to 1986.[32][33] The stated intention of ASALA was "to compel the Turkish government to publicly acknowledge its responsibility for the deaths of 1.5 million Armenians in 1915, pay reparations, and cede territory for an Armenian homeland".[34] The territory to be ceded would be the area promised to the Armenians at the never-ratified Treaty of Sèvres in 1920 by US President Woodrow Wilson, "Wilsonian Armenia".[35]
- The
- The Armenian Revolutionary Army (ARA) is another defunct Armenian guerrilla organization that had similar aims. It is claimed that the Armenian Revolutionary Army (ARA) that began operating in 1983, was simply JCAG renamed.[38]
Other organizations
- The Armenian National Committee of South America (CNA) said that "Turkey must return territories to Armenia, according to the terms issued by the President of the United States Woodrow Wilson", despite the superseding Treaties of Alexandropol and Kars signed by Armenia and Turkey confirming the current borders between the two countries.[39]
- Collectif 2015; In France, a Collective of descendants of the survivors of the Armenian genocide prepared a demand addressed to the Turkish State.The work is published on www.collectif2015.org website.
Recent developments
Lawsuits
Against financial institutions
California-based lawyers Brian S. Kabateck of Kabateck LLP, Vartkes Yeghiayan, Mark J. Geragos, and William Shernoff filed a series of lawsuits against American and European financial institutions in order to recover Armenian assets and insurance compensations.
- In July 2004, after California Legislature passed the New York Life written on Armenians living in the Ottoman Empire.[40] Some of the life insurance policies were written as early as 1875, but were not paid after the Genocide. Around 1916–1918, the Turkish government attempted to recover for the people it had killed with the argument that there are no identifiable heirs to the policy holders, but did not succeed.[40][41] The settlement provided 20 million dollars, of which 11 million was for heirs of the Genocide victims.[40]
- In 2005, the French insurance company AXA was also accused of not paying compensations to the descendants of those who perished during the Armenian genocide. After a class-action lawsuit, it agreed to pay 17 million dollars to descendants and Armenian philanthropic groups.[42] In March 2010, the company provided life insurance premiums to 1,000 families of descendants of Armenians killed in 1915.[43]
- In 2006, descendants of the Armenian genocide filed a class action lawsuit against Deutsche Bank and Dresdner Bank which seeks the recovery of millions of dollars of money and property withheld by the two German banks after the Armenian genocide.[7] The lawsuit asserts that the banks profited from the 1915 atrocities in order to conceal and prevent the recovery of assets belonging to Armenian families.[7] The banks' cooperation has been limited.[7]
Against the Getty museum
On June 1, 2010, the Western Prelacy of the
Against the Turkish government and two banks
On July 29, 2010, Armenian-American lawyers filed a federal lawsuit against the
Ankara Conference
Starting April 24, 2010, a two-day conference entitled "The Armenian Issue: What is to be done and how?", organized by the
Bill in the Armenian parliament
On April 26, 2010, a draft resolution submitted to the
See also
- Armenian genocide in culture
- Confiscated Armenian Properties in Turkey
- Reparations Agreement between Israel and West Germany
- Reparations for slavery
- World War I reparations
- 100th anniversary of the Armenian genocide
- Repatriation of Armenians
References
- ^ a b c d e Theriault, Henry (May 6, 2010). "The Global Reparations Movement and Meaningful Resolution of the Armenian Genocide". Armenian Weekly. Archived from the original on 10 May 2010. Retrieved May 11, 2010.
- ISBN 978-3-319-78169-3.
That Turkey represents the Ottoman Empire's successor State is a shared opinion by the greater part of international law scholars: ex plurimis see Dumberry (2013), according to whom "Turkey has the same legal identity as the Ottoman Empire and [...] accordingly it should be held responsible for all internationally wrongful acts committed by the Empire against the Armenian population before, during and after the War", in specie p. 165.
- .
Even if one were to question the continuity of state identity between the Empire and the Republic, the actions of the insurrectional Nationalist movement, which became the new state, establish a clear link to the predecessor, at least when the internationally wrongful acts pertaining to the massacres, deportations, and confiscations were considered. The Republic not only refrained from halting the CUP era massacres, the persecution of the Christian minorities, and the unlawful confiscation of their assets and properties, but it continued the same internationally wrongful acts, even expanding the massacres beyond its own borders into the Caucasus and the territories of the independent Republic of Armenia. The Republic of Turkey was competent to prosecute the war criminals for crimes committed on its own territory, but refrained from so doing. The new leadership protected individuals accused of war crimes and crimes against humanity and unlawful enrichment, later exonerating them and rewarding them with new positions within the Republic.
- ^ Geneva School of Diplomacy Archived June 4, 2010, at the Wayback Machine
- ^ a b c De Zayas, Alfred (December 2007). "The Genocide against the Armenians 1915–1923 and the relevance of the 1948 Genocide Convention". Alfred de Zayas. Archived from the original on 4 May 2010. Retrieved May 11, 2010.
- ^ ISBN 978-0-203-89043-1.
- ^ a b c d e f "Armenian Genocide Descendants File Class Action against Deutsche Bank and Dresdner Bank Announces Kabateck Brown Kellner LLP". Business Wire. May 6, 2010. Retrieved May 24, 2010.
- ^ Dr. Andrew Andersen, Ph.D., Atlas of Conflicts: Turkish-Armenian War
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- ^ "English translation of the Treaty of Kars". Archived from the original on 2001-01-27. Retrieved 2014-02-19.
- ^ Richard G. Hovannisian The Armenian People from Ancient to Modern Times: Foreign dominion to statehood: the fifteenth century to the twentieth century. Palgrave Macmillan, 2004. p. 417
- ISBN 9780253207739.
- ^ Ro'i, Yaacov (1974). From Encroachment to Involvement: A Documentary Study of Soviet Policy in the Middle East, 1945–1973. Transaction Publisher. pp. 106–07.
- ^ "Le ministre arménien Edouard Nalbandian explicite la position de l'Arménie" (in French). 2010-06-15. Archived from the original on 2011-07-20. Retrieved 2010-06-14.
- ^ a b "Frequently Asked Questions - Land Reparations for the Turkish Genocide of Armenians". Archived from the original on 2011-07-04. Retrieved 2010-05-24.
- ^ Kardaş, Ümit. "Do We Have to Defend the Actions of CUP?". Keghart.com. Archived from the original on 2010-05-07. Retrieved 2010-05-27.
- ^ ISBN 9781412827676. Retrieved June 19, 2010.
- ^ a b "Question of the Human Rights of All Persons Subjected to Any Form of Detention or Imprisonment". Archived from the original on 2013-05-23.
- ^ Commission on Human Rights, fifty-third session, Doc. E/CN.4/1997/104. Compare with the first report by Professor Theo van Boven C/CH.4/Sub.2/1993/8 of 2 July 1993, section IX, and the second report C/CN.4/Sub.2/1996/7 of 24 May 1996
- ^ J.W. Wade, “Acquisition of Property by willfully killing another – A Statutory Solution “ (1936), 49 Harvard Law Review, pp. 715
- ^ W.M. McGovern, “Homicide and Succession to Property” (1969) 68 Michigan Law Review, p. 65
- ^ An Ugly Truth, U.S. News & World Report; Oct 29, 2007
- ^ Khatchatourian, Ara (May 6, 2015). "Karekin II Calls Sis Catholicosate Lawsuit a 'Positive' Step". Asbarez. Archived from the original on May 9, 2015. Retrieved 2015-05-18.
- ^ "Cilician See files lawsuit to reclaim Sis Catholicosate from Turkey on April 28". Armenian Genocide Centennial. Archived from the original on 2015-11-19. Retrieved 2015-05-18.
- ISSN 0362-4331. Retrieved 2015-05-18.
- ^ "Karekin II Says Etchmiadzin May File Lawsuits for Return of Churches". Asbarez. May 12, 2015. Archived from the original on May 15, 2015. Retrieved 2015-05-18.
- ^ "U.S. Embassy releases study on Armenian-Americans". Archived from the original on 2007-10-11. Retrieved 2006-12-27.
- ^ "ARF history". Archived from the original on 2006-01-06. Retrieved 2006-01-29.
- ^ "Goals of the Armenian Revolutionary Federation". Archived from the original on 2 February 2007. Retrieved 2006-12-29.
- ^ "Social Democrat Hunchakian Party". Archived from the original on 6 June 2010. Retrieved 2010-05-17.
- ^ "Armenian Democratic Liberal Party - Ramgavar Azadagan - The Genocide". Retrieved 2010-05-18.
- ^ "1982. 2001. The Encyclopedia of World History". Archived from the original on 2008-06-24. Retrieved 2010-05-19.
- ^ Roy, Olivier. Turkey Today: A European Nation? p. 170.
- ^ U.S. Department of State. "Appendix B". .
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- ^ Starving Armenians: America and the Armenian Genocide, 1915–1930 and After – p. 166 by Merrill D. Peterson
- ^ Geopolitical and Economic Changes in the Balkan Countries - Page 75 by Nicholas V. Gianaris
- ^ TKB Group profile - JCAG Archived September 22, 2009, at the Wayback Machine
- ^ "Armenian Genocide Reparations Discussed at the World Forum on Human Rights". Asbarez. 18 December 2013. Retrieved 18 February 2014.
- ^ ISBN 0-19-530408-X.
- ^ Morgenthau, Henry. Ambassador Morgenthau's Story, Chapter XXV
- ^ "Axa Insurance Company will pay $17 Million to Heirs of Armenian Genocide Victims". Panarmenian.net. October 13, 2005. Retrieved May 17, 2010.
- ^ "French Insurance Compensates Descendents of Armenian Genocide Victims". EurasiaNet.org. March 10, 2010. Retrieved May 17, 2010.
- ^ "Church Sues Getty Over Pages of 1256 Bible". Courthouse News Service. June 2, 2010. Archived from the original on 5 June 2010. Retrieved June 4, 2010.
- ^ "Armenian church sues Getty over ancient Bible pages". Los Angeles Times. June 3, 2010. Archived from the original on 5 June 2010. Retrieved June 3, 2010.
- ^ a b c "Armenian church sues Getty museum over Bible pages". The Associated Press. June 3, 2010. Retrieved June 3, 2010.
- ^ a b "Armenian-Americans sue for century-old losses". Associated Press. July 29, 2010. Archived from the original on 2 August 2010. Retrieved July 29, 2010.
- ^ "Davoyan v. Republic Turkey, 116 F. Supp. 3d 1084 | Casetext Search + Citator".
- ^ a b c Matossian, Lou Ann (May 1, 2010). "In Turkey 'People Are Rebelling' Against Armenia Genocide Denial". Eurasia Review. Archived from the original on 4 May 2010. Retrieved May 13, 2010.
- ^ a b c d Mouradian, Khatchig (April 28, 2010). "Ankara Conference Looks Beyond Genocide, Debates Reparations". Asbarez. Archived from the original on 1 May 2010. Retrieved May 13, 2010.
- ^ "ARF Submits Bill to Parliament on Genocide Reparations". Archived from the original on 29 April 2010. Retrieved 2010-05-17.