International Center for Transitional Justice (ICTJ) Report Prepared for TARC

February 10, 2003

The Applicability of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide to Events which Occurred During the Early Twentieth Century

At diplomatic platforms Turkish officials and their advocates claim that they recognize the “big tragedy” and they only object to its being named as “Genocide”. That’s not true. At every occasion in Turkey not only the Armenian Genocide, but also the great agony of the Armenian people is denied and attempts are made to justify the genocide.

Legal Analysis Prepared for the International Center for Transitional Justice

The Turkish Armenian Reconciliation Commission (TARC), formed July 9, 2001, by Turkish and Armenian civil society representatives, requested that the International Center for Transitional Justice (ICTJ) facilitate an independent legal study on the applicability of the 1948 Genocide Convention to events which occurred during the early twentieth century. On February 4, 2003, ICTJ provided TARC the following analysis on the subject. This analysis was issued to the public by TARC on February 10, 2003.

EXECUTIVE SUMMARY OF LEGAL CONCLUSIONS

International law generally prohibits the retroactive application of treaties unless a different intention appears from the treaty or is otherwise established. The Genocide Convention contains no provision mandating its retroactive application. To the contrary, the text of the Convention strongly suggests that it was intended to impose prospective obligations only on the States party to it. Therefore, no legal, financial or territorial claim arising out of the Events could successfully be made against any individual or state under the Convention.

The term genocide, as used in the Convention to describe the international crime of that name, may be applied, however, to many and various events that occurred prior to the entry into force of the Convention. References to genocide as a historical fact are contained in the text of the Convention and its travaux preparatoires.

As it has been developed by the International Criminal Court (whose Statute adopts the Convention's definition of genocide), the crime of genocide has four elements: (i) the perpetrator killed one or more persons; (ii) such person or persons belonged to a particular national, ethnical, racial or religious group; (iii) the perpetrator intended to destroy, in whole or in part, that group, as such; and (iv) the conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction.

There are many accounts of the Events, and significant disagreement among them on many issues of fact. Notwithstanding these disagreements, the core facts common to all of the various accounts of the Events we reviewed establish that three of the elements listed above were met: (1) one or more persons were killed; (2) such persons belonged to a particular national, ethnical, racial or religious group; and (3) the conduct took place in the context of a manifest pattern of similar conduct directed against that group. For purposes of assessing whether the Events, viewed collectively, constituted genocide, the only relevant area of disagreement is on whether the Events were perpetrated with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such. While this legal memorandum is not intended to definitively resolve particular factual disputes, we believe that the most reasonable conclusion to draw from the various accounts of the Events is that at least some of the perpetrators of the Events knew that the consequence of their actions would be the destruction, in whole or in part, of the Armenians of eastern Anatolia, as such, or acted purposively towards this goal, and, therefore, possessed the requisite genocidal intent. Because the other three elements identified above have been definitively established, the Events, viewed collectively, can thus be said to include all of the elements of the crime of genocide as defined in the Convention, and legal scholars as well as historians, politicians, journalists and other people would be justified in continuing to so describe them.

Haykazn Mihrdat was born in 1864 in Constantinople (Ottoman Empire), social-political figure, national deputy, president of the “Aharonyan akumb” (Aharonyan club) in Peshiqtash. He was a victim of the Armenian genocide.

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November 9, 2011On November 6, 2011, Grand Duchess Maria Vladimirovna Head of the Russian Imperial House visited Tsitsernakaberd Memorial Complex, put flowers at the eternal fire and honored the memory of the innocent victims with a minute of silence ...

October 25, 2011On October 25, 2011, the newly appointed U.S. Ambassador to Armenia John A. Heffern accompanied by his spouse Mrs. Libby Dowling Heffern, visited ...

October 13, 2011 On October 13, 2011, Secretary General of Interpol Ronald Noble visited Tsitsernakaberd Memorial Complex and put flowers at the memorial of the Armenian Genocide victims ...

August 31, 2011 On August 30, 2011, the regular meeting of the MFA senior staff and the heads of the diplomatic missions started in the Conference Hall of the K. Demirjian Sports and Concert Complex ...

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June 10, 2011 Thomas O. Melia, Deputy Assistant Secretary of USA, Bureau of Democracy, Human Rights, and Labor visited Tsitsernakaberd Memorial Complex, put flowers at the eternal fire ...

June 09, 2011 Dr. Ara Sanjian, the Associate Professor in Armenian and Middle Eastern History from University of Michigan - Dearborn had a meeting in the Armenian Genocide Museum & Institute with the staff of AGMI ...

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