Armenian Genocide reparations
Encyclopedia
The issue of Armenian Genocide reparations derives from the Armenian Genocide
of 1915 committed by the Ottoman Empire
. Henry Theriault writing in the Armenian Weekly
, states these might be of financial, estate or territorial nature, and could cover individual or collective claims as well as those by the Republic of Armenia. It is questioned whether the Republic of Turkey, successor state to the Ottoman Empire
, will ever enter the debate.
While the Government of Turkey has previously acknowledged "a massacre, even a crime against humanity", it charged Armenian-Turkish journalist, Hrant Dink
, with "insults to Turkishness" for writing about the incident. In 2003 it introduced a law requiring schools to deny the massacre. In contrast Former Secretary of the UN Human Rights Committee, Professor Alfred de Zayas, Geneva School of Diplomacy, stated:
and Dresdner
banks.
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 Nationalists
. Although reparations have never been granted by Turkey, the increasing recognition of the Armenian Genocide
by the international community and so its eventual recognition by Turkey can lay a solid basis for the start of the reparation process.
, and were included in the Peace Treaty of Sèvres, signed by the Ottoman Empire alike. The treaty contained not only a commitment to try Turkish officials for war crimes against the Allied Nationals, but also for crimes committed against subjects of the Ottoman Empire of different ethnic origin, in particular the Armenians, concluded in the texts as Crimes Against Humanity
. Furthermore, the so called "Just Ruling of Woodrow Wilson (the US President at that time)" by the Treaty of Sèvres recognized an Armenian state much larger than the current Republic of Armenia by determining its Western borders in the Armenian Highland
s and Asia Minor
. While it was never ratified, there can be found individuals, historians, organisations or politicians that share the thoughts of Henry C. Theriault (Ph.D. in Philosophy from the University of Massachusetts) specializing in social and political philosophy; he thinks:
, Armenia has never issued a declaration regarding land claims since its independence. He also argues that there are legal ways for Armenians to reclaim their lost properties, with or without Turkish recognition of the Armenian Genocide. However, various reparations proposals do exist. The view of Rouben Paul Adalian, Director of the Armenian National Institute in Washington is that, although reparations have never been granted by Turkey, the increasing recognition of the Armenian Genocide
by the international community and hence its eventual recognition by Turkey can lay a solid basis for the start of the reparation process.
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. 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. 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.
According to a study made by the Armenian Genocide Reparations Study Group (AGRSG), reparations should be made according to the detailed reparations estimate made as part of the Paris Peace Conference of 1919
, supplemented by additional calculations for elements not sufficiently covered by the conference’s estimation of the material financial losses suffered by Armenians. The report also discusses multiple options regarding land return, from a symbolic return of church and other cultural properties in Turkey to full return of lands as designated in the Treaty of Sèvres. The report includes the very innovative option of allowing Turkey to retain political sovereignty over the lands in question but demilitarizing them and allowing Armenians to join present inhabitants with full political protection and business and residency rights.
(ICC) seems impossible not only because of that, but also that by it’s regulations it has no retroactive .
This kind of proceeding already took place against the perpetrators, who were found guilty, in the Turkish Courts-Martial of 1919–1920 in War Crimes and Crime against humanity
and the process was concluded in Malta exiles
of more than 140 people in the aftermath of World War I. This was the first time the term “Crimes Against Humanity” was coined but the term “Genocide” was coined later, in 1948.
(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 . 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” .
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 Richard Hovhannisian’s, this kind of process is possible by the consent of the parties and such an agreement or treaty between Armenia and Turkey does not exist. Neither does the exchange of optional clauses of compulsory jurisdiction in accordance with the International Court of Justice
(ICJ). And so there is no institution or court, except for the European Court for Human Rights (ECHR), Turkey could be brought before without its own consent. The latter is an international but not an interstate court. It is established to decide the individual claims against the states on issues of European convention on human rights
, which is not helpful in the issue of reparations .
While current members of Turkish society cannot be blamed morally for the destruction of Armenians, the present-day Turkish Republic
, as the successor state to the Ottoman Empire and as beneficiary of the wealth and land expropriations brought forth through the genocide, is responsible for reparations.
Professor de Zayas states the following:
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.
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.
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.
, 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.
of America has sued the J. Paul Getty Museum
to demand the return of seven pages ripped from a sacred Armenian Bible dating back to 1256 as well as damages of 35 million dollars. According to the Western Prelacy, the seven pages were ripped from the Armenian Church's Zeyt'un
Gospels during the genocide. The Zeyt'un Gospels were illustrated by Toros Roslin
, and the rest of the sacred book is located at the Matenadaran
in Yerevan, Armenia. According to the Getty, the museum legally acquired the pages, which is known as the Canon Tables, in 1994 from an anonymous private collector "after a thorough review of their provenance." Michael Bazyler, a Chapman University
law professor and member of the plaintiff's legal team, believes this is the first case filed in the United States for the return of cultural or religious objects taken around the time of World War I
.
, the Central Bank of the Republic of Turkey
and Ziraat Bankası, seeking compensation for the descendants of Armenians whose property was allegedly seized during the Armenian Genocide. The plaintiffs are Garbis Davouyan of Los Angeles and Hrayr Turabian of Queens. The suit - the first directed against the government of the Republic of Turkey - alleges breach of statutory
trust, unjust enrichment, human rights
violations and violations of international law
. It seeks compensation for land, buildings and businesses allegedly seized from Armenians along with bank deposits and property, including priceless religious and other artifacts, some of which are now kept in museums in the Republic of Turkey. The lawsuit claims more than a million Armenians were killed in forced marches, concentration camps and massacres "perpetrated, assisted and condoned" by Turkish officials and armed forces. Lawyers for the plaintiffs think that records of the properties and profits still exist, and they are seeking an accounting that could reach billions of dollars.
and was held under tight security measures. For the first time in Turkey, subjects such as confiscated Armenian property, reparations, and the challenges of confronting the past and moving forward were discussed. 200 people, mostly Genocide recognition
supporters attended the conference. Some of those present were Turkish and Western intellectuals such as Sevan Nishanian of Agos
Istanbul-based Armenian newspaper, Welsh
writer-activist Eilan Williams, Worcester State University philosopher Henry Theriault, author Temel Demirer, etc. As the conference quickly turned into a debate on Armenian Genocide reparations, the latter three supported them, while Nishanian did not.
says that the adoption of the bill would create further precedent for Armenia’s application to an international court on the issue. The head of Prosperous Armenia
’s parliamentary faction, Aram Safaryan, as well as Hovhannes Margaryan of the Rule of Law
faction similarly supported the initiative.
Armenian Genocide
The Armenian Genocide—also known as the Armenian Holocaust, the Armenian Massacres and, by Armenians, as the Great Crime—refers to the deliberate and systematic destruction of the Armenian population of the Ottoman Empire during and just after World War I...
of 1915 committed by the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...
. Henry Theriault writing in the Armenian Weekly
Armenian Weekly
Armenian Weekly Armenian Weekly Armenian Weekly (originally Hairenik Weekly is an English Armenian publication published by Hairenik Association Inc (Հայրենիք Հաստատուբիւն in Armenian) in Watertown, Massachusetts in the United States...
, states these might be of financial, estate or territorial nature, and could cover individual or collective claims as well as those by the Republic of Armenia. It is questioned whether the Republic of Turkey, successor state to the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...
, will ever enter the debate.
While the Government of Turkey has previously acknowledged "a massacre, even a crime against humanity", it charged Armenian-Turkish journalist, Hrant Dink
Hrant Dink
Hrant Dink or Հրանտ Դինք ) was a Turkish citizen of Armenian descent editor, journalist and columnist....
, with "insults to Turkishness" for writing about the incident. In 2003 it introduced a law requiring schools to deny the massacre. In contrast Former Secretary of the UN Human Rights Committee, Professor Alfred de Zayas, Geneva School of Diplomacy, stated:
Because of the continuing character of the crime of genocide in factual and legal terms, the remedy of restitution has not been foreclosed by the passage of time. Thus the survivors of the genocide against the Armenians, both individually and collectively, have standing to advance a claim for restitution. This has been also the case with the Jewish survivors of the Holocaust, who have successfully claimed restitution against many States where there property had been confiscated. Whenever possible restitutio in integrum (complete restitution, restoration to the previous condition ) should be granted, so as to re-establish the situation that existed before the violation occurred. But where restitutio in integrum is not possible, compensation may be substituted as a remedy.
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. Businesses and farms were lost, and all schools, churches, hospitals, orphanages, monasteries, and graveyards became Turkish state property. 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. It is recorded that as much as 6 million Turkish gold pounds were seized along with real property, cash, bank deposits, and jewelry. The assets were then funneled to European banks, including DeutscheDeutsche Bank
Deutsche Bank AG is a global financial service company with its headquarters in Frankfurt, Germany. It employs more than 100,000 people in over 70 countries, and has a large presence in Europe, the Americas, Asia Pacific and the emerging markets...
and Dresdner
Dresdner Bank
Dresdner Bank AG was one of Germany's largest banking corporations and was based in Frankfurt. It was acquired by competitor Commerzbank in December 2009.- 19th century :...
banks.
After the end of World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
, Genocide survivors tried to return and reclaim their former homes and assets, but were driven out by the Turkish Nationalists
Turkish National Movement
The Turkish National Movement encompasses the political and military activities of the Turkish revolutionaries which resulted in the creation and shaping of the Republic of Turkey, as a consequence of the defeat of the Ottoman Empire in World War I....
. Although reparations have never been granted by Turkey, the increasing recognition of the Armenian Genocide
Recognition of the Armenian Genocide
Armenian Genocide recognition refers to the formal acceptance that the massacre and forced deportation of Armenians committed by the Ottoman Empire in 1915-1923 constitute genocide...
by the international community and so its eventual recognition by Turkey can lay a solid basis for the start of the reparation process.
Sèvres Treaty
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 Allies of World War IAllies of World War I
The Entente Powers were the countries at war with the Central Powers during World War I. The members of the Triple Entente were the United Kingdom, France, and the Russian Empire; Italy entered the war on their side in 1915...
, and were included in the Peace Treaty of Sèvres, signed by the Ottoman Empire alike. The treaty contained not only a commitment to try Turkish officials for war crimes against the Allied Nationals, but also for crimes committed against subjects of the Ottoman Empire of different ethnic origin, in particular the Armenians, concluded in the texts as Crimes Against Humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...
. Furthermore, the so called "Just Ruling of Woodrow Wilson (the US President at that time)" by the Treaty of Sèvres recognized an Armenian state much larger than the current Republic of Armenia by determining its Western borders in the Armenian Highland
Armenian Highland
The Armenian Highland is the central-most and highest of three land-locked plateaus that together form the northern sector of the Middle East...
s and Asia Minor
Asia Minor
Asia Minor is a geographical location at the westernmost protrusion of Asia, also called Anatolia, and corresponds to the western two thirds of the Asian part of Turkey...
. While it was never ratified, there can be found individuals, historians, organisations or politicians that share the thoughts of Henry C. Theriault (Ph.D. in Philosophy from the University of Massachusetts) specializing in social and political philosophy; he thinks:
...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 so-called “Wilsonian boundaries” are the proper boundaries of the Armenian state that should exist in Asia Minor today.
Reparation proposals
According to the current Foreign Minister of Armenia, Eduard NalbandyanEduard Nalbandyan
Eduard Nalbandyan is an Armenian diplomat. He is the Minister of Foreign Affairs in the Ministry of Foreign Affairs of the Republic of Armenia since April 2008....
, Armenia has never issued a declaration regarding land claims since its independence. He also argues that there are legal ways for Armenians to reclaim their lost properties, with or without Turkish recognition of the Armenian Genocide. However, various reparations proposals do exist. The view of Rouben Paul Adalian, Director of the Armenian National Institute in Washington is that, although reparations have never been granted by Turkey, the increasing recognition of the Armenian Genocide
Recognition of the Armenian Genocide
Armenian Genocide recognition refers to the formal acceptance that the massacre and forced deportation of Armenians committed by the Ottoman Empire in 1915-1923 constitute genocide...
by the international community and hence its eventual recognition by Turkey can lay a solid basis for the start of the reparation process.
Many Armenians demand a restoration of the Turkish-Armenian border as demarcated by former United States President Woodrow Wilson
Woodrow Wilson
Thomas Woodrow Wilson was the 28th President of the United States, from 1913 to 1921. A leader of the Progressive Movement, he served as President of Princeton University from 1902 to 1910, and then as the Governor of New Jersey from 1911 to 1913...
in the 1920 Treaty of Sèvres
Treaty of Sèvres
The Treaty of Sèvres was the peace treaty between the Ottoman Empire and Allies at the end of World War I. The Treaty of Versailles was signed with Germany before this treaty to annul the German concessions including the economic rights and enterprises. Also, France, Great Britain and Italy...
, and a hefty amount of cash reparations. Some demand a land corridor between Armenia
Armenia
Armenia , officially the Republic of Armenia , is a landlocked mountainous country in the Caucasus region of Eurasia...
and the Black Sea
Black Sea
The Black Sea is bounded by Europe, Anatolia and the Caucasus and is ultimately connected to the Atlantic Ocean via the Mediterranean and the Aegean seas and various straits. The Bosphorus strait connects it to the Sea of Marmara, and the strait of the Dardanelles connects that sea to the Aegean...
in order to ensure the long-term viability of the Armenian state, while others only want the symbolic inclusion of Mount Ararat
Mount Ararat
Mount Ararat is a snow-capped, dormant volcanic cone in Turkey. It has two peaks: Greater Ararat and Lesser Ararat .The Ararat massif is about in diameter...
in Armenia and a formal apology by Turkey. 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
Armenian diaspora
The Armenian diaspora refers to the Armenian communities outside the Republic of Armenia and self proclaimed de facto independent Nagorno-Karabakh Republic...
to settle in their ancestral lands in Turkey.
According to a study made by the Armenian Genocide Reparations Study Group (AGRSG), reparations should be made according to the detailed reparations estimate made as part of the Paris Peace Conference of 1919
Paris Peace Conference, 1919
The Paris Peace Conference was the meeting of the Allied victors following the end of World War I to set the peace terms for the defeated Central Powers following the armistices of 1918. It took place in Paris in 1919 and involved diplomats from more than 32 countries and nationalities...
, supplemented by additional calculations for elements not sufficiently covered by the conference’s estimation of the material financial losses suffered by Armenians. The report also discusses multiple options regarding land return, from a symbolic return of church and other cultural properties in Turkey to full return of lands as designated in the Treaty of Sèvres. The report includes the very innovative option of allowing Turkey to retain political sovereignty over the lands in question but demilitarizing them and allowing Armenians to join present inhabitants with full political protection and business and residency rights.
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 principal of law, that criminal cases may be brought against the living people only. In this scope these kind of criminal proceedings are currently impossible as the perpetrators are already dead. In this regard the possibility of involvement by International Criminal CourtInternational Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
(ICC) seems impossible not only because of that, but also that by it’s regulations it has no retroactive .
This kind of proceeding already took place against the perpetrators, who were found guilty, in the Turkish Courts-Martial of 1919–1920 in War Crimes and Crime against humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...
and the process was concluded in Malta exiles
Malta exiles
Malta exiles is the term for politicians, high ranking soldiers , administrators and intellectuals of the Ottoman Empire who were sent into exile on Malta after the armistice of Mudros during the Occupation of İstanbul by the Allied forces...
of more than 140 people in the aftermath of World War I. This was the first time the term “Crimes Against Humanity” was coined but the term “Genocide” was coined later, in 1948.
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 CommissionInternational Law Commission
The International Law Commission was established by the United Nations General Assembly in 1948 for the "promotion of the progressive development of international law and its codification."It holds an annual session at the United Nations Office at Geneva....
(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 . 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” .
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 Richard Hovhannisian’s, this kind of process is possible by the consent of the parties and such an agreement or treaty between Armenia and Turkey does not exist. Neither does the exchange of optional clauses of compulsory jurisdiction in accordance with the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
(ICJ). And so there is no institution or court, except for the European Court for Human Rights (ECHR), Turkey could be brought before without its own consent. The latter is an international but not an interstate court. It is established to decide the individual claims against the states on issues of European convention on human rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
, which is not helpful in the issue of 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.
While current members of Turkish society cannot be blamed morally for the destruction of Armenians, the present-day Turkish Republic
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
, as the successor state to the Ottoman Empire and as beneficiary of the wealth and land expropriations brought forth through the genocide, is responsible for reparations.
Professor de Zayas states the following:
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.
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.
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.
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 . This can also be supplemented with facts that Armenia was inexistent as an independent state at the time of the Genocide and that the victims were mainly the subjects of the Ottoman Empire itself .Armenian political parties
- The Armenian Revolutionary FederationArmenian Revolutionary FederationThe Armenian Revolutionary Federation is an Armenian political party founded in Tiflis in 1890 by Christapor Mikaelian, Stepan Zorian, and Simon Zavarian...
is a political party established in 1890 in Tiflis, GeorgiaGeorgia (country)Georgia is a sovereign state in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded to the west by the Black Sea, to the north by Russia, to the southwest by Turkey, to the south by Armenia, and to the southeast by Azerbaijan. The capital of...
. 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. 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. Among its goals are the international condemnation of the GenocideArmenian GenocideThe Armenian Genocide—also known as the Armenian Holocaust, the Armenian Massacres and, by Armenians, as the Great Crime—refers to the deliberate and systematic destruction of the Armenian population of the Ottoman Empire during and just after World War I...
committed by the Ottoman Empire against the Armenians, the return of occupied lands in accordance with the Sevres Treaty, and just reparations to the Armenian nation.
- 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.
- 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 she spoiled.
Defunct paramilitary organizations
- The Armenian Secret Army for the Liberation of ArmeniaArmenian Secret Army for the Liberation of ArmeniaThe Armenian Secret Army for the Liberation of Armenia or ASALA was an Armenian nationalist militant organization, that operated from 1975 to 1986. The group also operated under other names such as The Orly Group and the 3 October Organization...
, abbreviated ASALA, was a Marxist-LeninistMarxism-LeninismMarxism–Leninism is a communist ideology, officially based upon the theories of Marxism and Vladimir Lenin, that promotes the development and creation of a international communist society through the leadership of a vanguard party over a revolutionary socialist state that represents a dictatorship...
militantMilitantThe word militant, which is both an adjective and a noun, usually is used to mean vigorously active, combative and aggressive, especially in support of a cause, as in 'militant reformers'. It comes from the 15th century Latin "militare" meaning "to serve as a soldier"...
organization, that operated from 1975 to 1986. 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". The territory to be ceded would be the area promised to the Armenians at the never-ratifiedRatificationRatification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
Treaty of Sèvres in 1920 by US President Woodrow Wilson, "Wilsonian ArmeniaWilsonian ArmeniaWilsonian Armenia refers to the boundary configuration of the Armenian state in the Treaty of Sèvres, drawn by US President Woodrow Wilson State Department. The Treaty of Sèvres was a peace treaty that had been drafted and signed between the Western Allied Powers and the defeated government of the...
".
- The Justice Commandos Against Armenian GenocideJustice Commandos Against Armenian GenocideJustice Commandos against Armenian Genocide was a secret military organization that operated in various western nations from 1975 to 1987...
, abbreviated JCAG, was another paramilitary organization that operated in various Western nations from 1975 to 1983. It sought the recognition of the Armenian GenocideArmenian GenocideThe Armenian Genocide—also known as the Armenian Holocaust, the Armenian Massacres and, by Armenians, as the Great Crime—refers to the deliberate and systematic destruction of the Armenian population of the Ottoman Empire during and just after World War I...
by the Republic of Turkey and the establishment of an independent Armenia. In order to achieve its aims, it conducted a campaign of assassinations targeting Turkish diplomats around the world. JCAG's activities were concentrated in European and North American countries targeting TurkishTurkeyTurkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
interests.
- The Armenian Revolutionary ArmyArmenian Revolutionary ArmyThe Armenian Revolutionary Army was a paramilitary organization, thought to be renamed from the group "Justice Commandos against Armenian Genocide". ARA attacked at least 7 times resulting in at least 6 fatalities and 8 injuries; its last attack occurred in 1985...
, abbreviated ARA, is another defunct Armenian guerrilla organization that had similar aims. It is claimed that the Armenian Revolutionary ArmyArmenian Revolutionary ArmyThe Armenian Revolutionary Army was a paramilitary organization, thought to be renamed from the group "Justice Commandos against Armenian Genocide". ARA attacked at least 7 times resulting in at least 6 fatalities and 8 injuries; its last attack occurred in 1985...
(ARA) that began operating in 1983, was simply JCAG renamed.
Against financial institutions
California-based lawyers Brian S. Kabateck, Vartkes YeghiayanVartkes Yeghiayan
Vartkes Yeghiayan is an Armenian-American attorney specializing in international law best known for his role in leading federal class action lawsuits against insurance companies for insurance policies issued to Armenians in the early twentieth century during the time of the Armenian...
, Mark J. Geragos, and William Shernoff
William Shernoff
William M. Shernoff is a prominent American trial lawyer based in Beverly Hills/Claremont, California, USA. He is one of the pioneers of a branch of law known as "insurance bad faith", in which he investigates the alleged bad faith and misconduct of insurance companies. This began in 1971 with his...
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 Armenian Genocide Insurance Act, descendants of Armenian Genocide victims settled a case for about 2400 life insuranceLife insuranceLife insurance is a contract between an insurance policy holder and an insurer, where the insurer promises to pay a designated beneficiary a sum of money upon the death of the insured person. Depending on the contract, other events such as terminal illness or critical illness may also trigger...
policies from New York Life written on Armenians living in the Ottoman Empire. Some of the life insurance policies were written as early as 1875, but were not paid after the Genocide. Around 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. The settlement provided 20 million dollars, of which 11 million was for heirs of the Genocide victims.
- In 2005, the French insurance company AXAAXAAXA S.A. is a French global insurance group headquartered in the 8th arrondissement of Paris. AXA is a conglomerate of independently run businesses, operated according to the laws and regulations of many different countries. The AXA group of companies engage in life, health and other forms of...
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. In March 2010, the company provided life insurance premiums to 1,000 families of descendants of Armenians killed in 1915.
- In 2006, descendants of the Armenian Genocide filed a class action lawsuit against Deutsche BankDeutsche BankDeutsche Bank AG is a global financial service company with its headquarters in Frankfurt, Germany. It employs more than 100,000 people in over 70 countries, and has a large presence in Europe, the Americas, Asia Pacific and the emerging markets...
and Dresdner BankDresdner BankDresdner Bank AG was one of Germany's largest banking corporations and was based in Frankfurt. It was acquired by competitor Commerzbank in December 2009.- 19th century :...
which seeks the recovery of millions of dollars of money and property withheld by the two GermanGermansThe Germans are a Germanic ethnic group native to Central Europe. The English term Germans has referred to the German-speaking population of the Holy Roman Empire since the Late Middle Ages....
banks after the Armenian Genocide. 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. The banks' cooperation has been limited.
Against the Getty museum
On June 1, 2010, the Western Prelacy of the Armenian Apostolic ChurchArmenian Apostolic Church
The Armenian Apostolic Church is the world's oldest National Church, is part of Oriental Orthodoxy, and is one of the most ancient Christian communities. Armenia was the first country to adopt Christianity as its official religion in 301 AD, in establishing this church...
of America has sued the J. Paul Getty Museum
J. Paul Getty Museum
The J. Paul Getty Museum, a program of the J. Paul Getty Trust, is an art museum. It has two locations, one at the Getty Center in Los Angeles, California, and one at the Getty Villa in Pacific Palisades, Los Angeles, California...
to demand the return of seven pages ripped from a sacred Armenian Bible dating back to 1256 as well as damages of 35 million dollars. According to the Western Prelacy, the seven pages were ripped from the Armenian Church's Zeyt'un
Süleymanli
Süleymanlı , Zeitun, Zeytun, Zeytunfimis or Zeytünfimis), is a town in the Kahramanmaraş Province, Turkey.-See also:* Zeitun Resistance by the Armenian militia in this town against the Ottoman Empire, on two occasions – events still highly controversial and seen in different ways in Armenian and...
Gospels during the genocide. The Zeyt'un Gospels were illustrated by Toros Roslin
Toros Roslin
Toros Roslin ; circa 1210–1270) was the most prominent Armenian manuscript illuminator in the High Middle Ages. Roslin introduced a wider range of narrative in his iconography based on his knowledge of western European art while continuing the conventions established by his predecessors...
, and the rest of the sacred book is located at the Matenadaran
Matenadaran
The Mesrop Mashtots Institute of Ancient Manuscripts , commonly referred to as the Matenadaran , is an ancient manuscript repository located in Yerevan, Armenia...
in Yerevan, Armenia. According to the Getty, the museum legally acquired the pages, which is known as the Canon Tables, in 1994 from an anonymous private collector "after a thorough review of their provenance." Michael Bazyler, a Chapman University
Chapman University
Chapman University is a private, non-profit university located in Orange, California affiliated with the Christian Church . Known for its blend of liberal arts and professional programs, Chapman University encompasses seven schools and colleges: Lawrence and Kristina Dodge College of Film and Media...
law professor and member of the plaintiff's legal team, believes this is the first case filed in the United States for the return of cultural or religious objects taken around the time of World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
.
Against the Turkish government and two banks
On July 29, 2010, Armenian-American lawyers filed a federal lawsuit against the Turkish governmentTurkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
, the Central Bank of the Republic of Turkey
Central Bank of the Republic of Turkey
The Central Bank of the Republic of Turkey is the central bank of Turkey and is founded as a joint stock company with the exclusive right to issue banknotes in Turkey. The preparations to establish a central bank began in 1926, but organization was established on 3 October 1931 and opened...
and Ziraat Bankası, seeking compensation for the descendants of Armenians whose property was allegedly seized during the Armenian Genocide. The plaintiffs are Garbis Davouyan of Los Angeles and Hrayr Turabian of Queens. The suit - the first directed against the government of the Republic of Turkey - alleges breach of statutory
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
trust, unjust enrichment, human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
violations and violations of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. It seeks compensation for land, buildings and businesses allegedly seized from Armenians along with bank deposits and property, including priceless religious and other artifacts, some of which are now kept in museums in the Republic of Turkey. The lawsuit claims more than a million Armenians were killed in forced marches, concentration camps and massacres "perpetrated, assisted and condoned" by Turkish officials and armed forces. Lawyers for the plaintiffs think that records of the properties and profits still exist, and they are seeking an accounting that could reach billions of dollars.
Ankara Conference
Starting April 24, 2010, a two-day conference entitled "The Armenian Issue: What is to be done and how?", organized by the Ankara Freedom of Thought Initiative, took place in AnkaraAnkara
Ankara is the capital of Turkey and the country's second largest city after Istanbul. The city has a mean elevation of , and as of 2010 the metropolitan area in the entire Ankara Province had a population of 4.4 million....
and was held under tight security measures. For the first time in Turkey, subjects such as confiscated Armenian property, reparations, and the challenges of confronting the past and moving forward were discussed. 200 people, mostly Genocide recognition
Recognition of the Armenian Genocide
Armenian Genocide recognition refers to the formal acceptance that the massacre and forced deportation of Armenians committed by the Ottoman Empire in 1915-1923 constitute genocide...
supporters attended the conference. Some of those present were Turkish and Western intellectuals such as Sevan Nishanian of Agos
Agos
Agos is an Armenian weekly newspaper published in Istanbul, Turkey. It was established on 5 April 1996. Today, it has a circulation of over 9,000. It has both Armenian and Turkish pages as well as an on-line English edition...
Istanbul-based Armenian newspaper, Welsh
Welsh people
The Welsh people are an ethnic group and nation associated with Wales and the Welsh language.John Davies argues that the origin of the "Welsh nation" can be traced to the late 4th and early 5th centuries, following the Roman departure from Britain, although Brythonic Celtic languages seem to have...
writer-activist Eilan Williams, Worcester State University philosopher Henry Theriault, author Temel Demirer, etc. As the conference quickly turned into a debate on Armenian Genocide reparations, the latter three supported them, while Nishanian did not.
Bill in the Armenian parliament
On April 26, 2010, a draft resolution submitted to the Armenian National Assembly by the ARF criminalizes the denial of the Armenian Genocide and raises the reparations issue. Key parliamentary forces largely supported the bill. Larisa Alaversyan of the opposition Heritage PartyHeritage Party
The Heritage Party is a political party in Zambia.In the parliamentary election held on 27 December 2001, the party won 7.4% of the popular vote and 4 out of 158 seats in the unicameral National Assembly...
says that the adoption of the bill would create further precedent for Armenia’s application to an international court on the issue. The head of Prosperous Armenia
Prosperous Armenia
Prosperous Armenia is a political party in Armenia. It was founded by Gagik Tsarukian, a wealthy businessman, in late 2005. It debuted in the 2007 Armenian parliamentary elections, winning 18 seats and 14.68% of the votes, making it the second largest political party in parliament.-External...
’s parliamentary faction, Aram Safaryan, as well as Hovhannes Margaryan of the Rule of Law
Rule of Law (Armenia)
Rule of Law is a centrist political party in Armenia, led by Artur Baghdasarian. It is the fourth largest party in the Armenian National Assembly...
faction similarly supported the initiative.
See also
- Armenian GenocideArmenian GenocideThe Armenian Genocide—also known as the Armenian Holocaust, the Armenian Massacres and, by Armenians, as the Great Crime—refers to the deliberate and systematic destruction of the Armenian population of the Ottoman Empire during and just after World War I...
- Armenian Genocide denial
- Armenian Genocide recognition
- Reparations Agreement between Israel and West GermanyReparations Agreement between Israel and West GermanyThe Reparations Agreement between Israel and West Germany was signed on September 10, 1952, and entered in force on March 27, 1953...
- Reparations for slaveryReparations for slaveryReparations for slavery is a proposal that some type of compensation should be provided to the descendants of enslaved people in the United States, in consideration of the coerced and uncompensated labor their ancestors performed over several centuries...
- World War I reparationsWorld War I reparationsWorld War I reparations refers to the payments and transfers of property and equipment that Germany was forced to make under the Treaty of Versailles following its defeat during World War I...