The comprehensive analyses of legal aspects of Turkey’s policy of denial of genocide on the eve of the 100th commemoration of the Armenian Genocide is of fundamental importance, based on Clause 11 of the 23 August 1993 Declaration of Independence of Armenia of the RA Supreme Council, which established that the Republic of Armenia will support to the activities of reaching the international recognition of the 1915 Genocide of the Armenians, which took place in Ottoman Empire and Western Armenia.
Whatever Turkey will do trying to avoid liability, periodically adverting that the Convention on the Prevention and Punishment of the Crime of Genocide(CPPCG), which was adopted by the United Nations General Assembly on 9 December 1948 as General Assembly Resolution 260 does not have retroactive effect and does not apply to the events that took place before 1948, is not acceptable on the assumption of the fact that the 1968 Convention on the Non-applicability of Statutory Limitations to War Crimes and Crimes Against Humanity entered into force on 11 November 1970 on the ninetieth day after the date of the deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession in its Article 1 clearly defines, ” no statutory limitation shall apply to war crimes and crimes against humanity, irrespective of the date of their commission.” In addition, pursuant to Article 2 of the CPPCG ” If any of the crimes mentioned in article I is committed, the provisions of this Convention shall apply to representatives of the State authority and private individuals who, as principals or accomplices, participate in or who directly incite others to the commission of any of those crimes, or who conspire to commit them, irrespective of the degree of completion, and to representatives of the State authority who tolerate their commission.”
In the December 11, 1946, United Nations General Assembly Resolution, 1946 96 (I) “The Crime of Genocide” The general Assembly affirms that genocide is a crime under international law which the civilized world condemns, and for the commission of which principals and accomplices – whether private individuals, public officials or statesmen, and whether the crime is committed on religious, racial, political or any other grounds –are punishable, and furtehr recommended that international co-operation be organized between States with a view to facilitating the speedy prevention and punishment of the crime of genocide. Whereas Turkey’s Genocide denial policies further inflames the relationship between the two countries and further strengthen the insurmountable obstacles for mutual cooperation.
As the main legal instrument to overcome the consequences of the Armenian Genocide, the Republic of Armenia as a member state to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide has fairly broad authorities despite the some gaps and shortcomings that exists in the Convention.
Armenia can base on articles 3 (e), 8, and 9 to conduct its fight against the denial policies of Turkey.
Arnold Vardanyan, Legal Advisor of the AYLA.
