The Crime Of Genocide In International Law Taking The Armenian Massacre As An Example

The Armenian massacre is the first genocide of the twentieth Century.According to the historical records of Armenia and other countries,between the periods of 1915 to 1923,the Ottoman Empire(Nowadays Turkey)implemented a brutal and inhuman genocide policy against the Armenians,resulting in the death of at least 1 and half million Armenians.Religious conflicts and political policy were an important cause of the genocide.Today,however,some countries have yet to admit the history of the massacre,and the major perpetrator country has not yet made any compensation to the Armenians for this period.This paper aims to analyze the political and historical background of the crime of Genocide Convention from the international law aspect,helping to justify the lack of historical knowledge of Turkey who should compensate the victims and future generations that have suffered this historical tragedy.The aim of this research is also to hope that more people will understand and pay attention to this historical tragedy,respect history and respect human rights of life,and hope to remind people that we should live together in harmony and build a peaceful world.After the introduction part in chapter two I try to briefly introduce the concept of the crime of genocide judging it from the angel of the Armenian Massacre and the international criminal Law.In chapter three I introduce the prelude of the Armenian Genocide,the direct and indirect influence of the International community on the act.The author is examining and demonstrating the existence of customary international law relating to the punishment of genocide and crimes against humanity at the time of the Armenian Genocide much before the 1948 Genocide Convention.In chapter four I state various treaties and trials directly connected with the Armenian Genocide proving that the perpetrators were even ready to recognize fully the reality of the Armenian Genocide and to deal with it through a massive undertaking of retributive justice.This fact,however,is the massive documentary evidence generated and frequently used in the course of the trials.The compelling nature of that evidence provides a solid measure of validity for the trial records,while attesting to the lasting character of the facts of the Armenian Genocide.In chapter five I introduce the 1948 Genocide Convention,showing that just like the Jewish Holocaust,which has already been admitted by the German government,the Armenian claims derive from the doctrine of State responsibility for crimes against humanity,and that this international liability pre-dated the entry into force of the Genocide Convention.The Turkish liability for genocide was reflected in Articles 230 and 144 of the Treaty of Sevres of 1920;where as the German liability for the Holocaust was reflected in the London Agreement of 1945,both predating the 1948 Convention.In this chapter the author also tries to state the importance of the creation of the ICTA,the International Criminal Tribunal of Armenia,where the trials of Armenia vs.Turkey would be heard.The creation of some form of international machinery for claiming reparations is ideally the best solution.Chapter six is the main purpose of my research,where I analyze the harms done to the victims,through legal bases and facts by genocide researchers,facts of countries and organizations that have officially recognized the Armenian Genocide,showing the true path to recovery of justice for the victims of the 1915 Genocide and their descendants.In this chapter I do clear recommendations for territorial and economic compensation claims that the Armenian government and the Armenians around the world should place on the Turkish government.The law of genocide is governed today by the Convention on the Prevention and Punishment of the Crime of Genocide,1948,However,in this dissertation I intend to identify International Law which viewed genocide as a crime even prior to the enactment of the 1948 Convention which the Armenian Genocide of 1915-1922 saw the Ottoman state commit.If there is enough evidence to suggest that is the case,the author will examine the possibility for claiming compensation and restitution for the victims and descendants of this historic tragedy,which still carries a great deal of resonance today.All of this is done with a backdrop of an analysis on the political and historical issues,which are associated with the Armenian Genocide and its lack of recognition by Turkey.In turn,this dissertation will highlight the disparity between what actually is possible in terms of international law in providing justice to those who seek it and what is realistic given the issue's heavily politicized nature;an issue which continues to haunt Turkey and Armenians after one hundred years.Land,buildings,and other immovable and movable property expropriated in either phase of the Genocide must be returned if not destroyed,and must be compensated for if unavailable.That portion of businesses and other such entities that derive from Genocide expropriations must also be returned if still in existence or compensated for if not.This would consist of the amount of an increase in value from appreciation,inflation,comparable interest,and so on,as well as financial and other benefits,such as business growth,that possession would have likely entailed.Forced labor and material expropriations that cannot be directly rectified,including destroyed economic structures and networks,must also be compensated in amounts adjusted for the passage of time to the present day.In addition,compensation must be made for all Genocide-inflicted deaths;physical and psychological suffering,including through sexualized violence,forced labor,loss of family members through death or kidnapping,witnessing of violence against family and community members as well as strangers,etc.;community destruction,and the destruction of spiritual,cultural,educational,and other institutions central to the lives of Armenians.Lost educational and other opportunities should also be compensated for.What is more,for many of the compensation pieces detailed here,a method for appropriate present-day valuation of the property in question must be developed and applied.