The 1915 Armenian Genocide and Legal Paths to Resolution by Rodney Dakessian Pap

The 1915 Armenian Genocide and Legal Paths to Resolution by Rodney Dakessian

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Description More than one hundred years have already passed since the perpetration of the Armenian Genocide, but its effects have never ceased.One of the major challenges I encountered during the preparation of this book, was introducing a novelty contribution to the "Armenian cause", and above all a new and innovative solution, giving that hundreds, and even thousands of books have been written on this subject.My primary aim was to seek a solution for the "Armenian cause", a solution that is based on international law and pursued with objectivity and impartiality. The nature of my work resembled the process of discovering a new treatment for a chronic disease.In fact, the essential issues that I have addressed in my book can be summarized as follows: What can be the legal effects of the Armenian Genocide at the level of international law, especially since the crime has been committed for a long time and even before the promulgation of the 1948 convention related to the crime of genocide, with regard to the law of treaties and the succession of states in matters of international responsibility? Are there still possible legal means to resolve the "Armenian question", or has it become just a matter of history without any possibility of legal recourse, leaving room for political settlement as the only means of resolution?Therefore, it was necessary to refer to natural law, and especially to customary international law, the principles of humanity, the law of nations and thus the Martens clause.Likewise, I presented the constituent elements of the crime of genocide, and their availability in the case of the 1915 massacres, from which it was essential to highlight all the concordant proofs and the progressive recognitions of the existence of the material and intentional element of the crime of genocide in the massacres of 1915.Also, it should be mentioned that it was the Ottoman Empire that committed this crime and not present-day Turkey, which is moreover considered as the successor of the Empire; Hence, it was also necessary to study the subject of State succession in matters of international responsibility.Thus, it was necessary to discuss the capacity and standing of Armenia to sue and the legal interest in the right to action for liability, under the erga omnes principle, since the Armenian State did not exist at the time of the perpetration of the crime. It was in 1920 that the Soviet Republic of Armenia was born, and in 1991 that Armenia gained its final independence.Similarly, it was essential to discuss the possible application of the Vienna Convention of November 26, 1968, on the Armenian genocide, especially that Turkey is not a party to this agreement, as well as the application of the aforementioned convention, and especially that of 1948 on the crime of genocide, in the light of the principle of the non-retroactivity of treaties.Also, I discussed the subject of Turkey's accession to the European Union, which surely depends on the Turkish recognition of the Armenian Genocide; as well, and above all, on the Turkish occupation of Northern Cyprus, which constitutes one of the thorniest issues raised by the latest enlargement of the European Union.On the other hand, it was essential to approach the Armenian-Azerbaijani conflict and study its effects on the resolution of the Turkish-Armenian conflict.Moreover, it was important to mention the serious failure of international justice towards the "Armenian question".Finally, I elaborated in large part my personal contribution and my perception for the resolution of the "Armenian question", by presenting the possible solutions, as well as the different forms of reparation.In the end, my hope is for this book to stand as a respectful recognition to the spirits of the martyrs of the Armenian Genocide, as well as to the spirits of my ancestors, while also representing a serious effort towards addressing the "Armenian cause".

Details ISBN-13 9798859643028 Title The 1915 Armenian Genocide and Legal Paths to Resolution Author Rodney Dakessian Format Paperback Year 2023 Pages 432 Publisher Independently Published GE_Item_ID:151502400; About Us

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