Inter-allied tribunal attempt
Encyclopedia
Reference to the need for and establishment of an Inter-allied or International Tribunal, also known as the Malta Tribunals, to launch prosecution for, among other things, a Turkish genocide of Armenians within the Ottoman Empire
(Turkey) during World War I
(WWI) was made in the proceedings of the Paris Peace Conference, 1919
and the Treaty of Sèvres
, 1920.
Although 141 Turks were held in custody by the British at Malta awaiting trial, only 17 were held for crimes
against Armenians, and eventually no Allied prosecutions were mounted, with all but 20 of the prisoners being exchanged for British prisoners of war. Separate trials were held by the Ottoman government.
, of the Armenian resistance to Ottoman forces at the city of Van
, The Triple Entente
formally warned the Ottoman Empire
on 24 May 1915 that: "In the view of these ... crimes of Turkey against humanity and civilization ... the Allied governments announce publicly ... that they will hold personally responsible ... all members of the Ottoman Government and those of their agents who are implicated in such massacres."
which charged and tried several former leaders and officials
for subversion
of the constitution, wartime profiteering
, and the massacres of both Greeks and Armenians
. At the same time the British Foreign Office
conducted its own investigation into alleged war crimes, debating whether the process was adequately dealt with by Turkish courts martial or should be conducted by an international tribunal.
On August 4, 1920, the British Cabinet
decided that: "The list of the [Maltese] deportees be carefully revised by the Attorney General with a view to selecting the names of those it was proposed to prosecute, so that those against whom no proceedings were contemplated should be released at the first convenient opportunity." The Attorney General
wrote to the Foreign Office that the "British High Commissioner at Istanbul should be asked to prepare the evidence against those interned Turks whom he recommends for prosecution on charges of cruelty to native Christians." The Turkish Government resisted ceding authority to an international or inter-allied tribunal, arguing that the Armistice of Mudros
did not lift the sovereign rights of the Ottoman Empire.
The British Foreign Office demanded 141 Turks be tried for crimes against British soldiers, and 17 for the crimes against Armenians during World War I.
The Allied authority to proceed with any prosecutions was created as part of the Paris Peace Conference, 1919
, with the establishment of "The Commission on Responsibilities and Sanctions", which was chaired by U.S. Secretary of State Robert Lansing
. The Commission's work saw several articles added to the Treaty of Sèvres
to effect indictments against the acting heads of government of the Ottoman Empire
, Sultan Mehmed VI
and Damat Adil Ferit Pasha. The Treaty of Sèvres
gave recognition of the Democratic Republic of Armenia
and developed a mechanism to bring to trial those accused of "barbarous and illegitimate methods of warfare... [including] offenses against the laws and customs of war and the principles of humanity".
Article 230 of the Treaty of Sèvres
required the Ottoman Empire:
As a signatory to the treaty, the Ottoman Empire specifically recognized the right of the Allies to convene international tribunals to conduct war crimes trials.
By 1921 the British High Commission had gathered a body of information from its Greek and Armenian sources about the Turkish prisoners held at Malta, and about 1000 others, all alleged to have been directly or indirectly guilty of participation in massacres. The Allies had "a mountain of documents" related to the Armenian Genocide, but these were mostly general and did not clearly implicate specific individuals.
On March 31, 1921, the British Foreign Secretary Lord George Curzon
telegraphed British Ambassador to the US Sir Auckland Gedes
, instructing him to pursue the collection of information for the "purposes of prosecution":
On July 13, 1921, the ambassador replied:
, who had been second-in-command of Allied naval forces at the Dardanelles, commented: "It would be hard under these conditions to convict most of the exiles before an Allied court."
British Foreign Secretary Lord Curzon said the subsequent release of many of the Turkish prisoners was "a great mistake", and wrote:
In releations to prisoner exchange Article 2 under the Agreement For the Immediate Release of Prisoners reads:
decided at its 9th General Congress, which convened in Yerevan
from September 27 to the end of October 1919, to pursue an assassination campaign against those it perceived to be responsible. A task force, led by Shahan Natalie
, working with Grigor Merjanov, was established to assassinate Talaat Pasha, Pipit Jivanshir Khan, Said Halim Pasha
, Behaeddin Shakir Bey
, Jemal Azmi, Cemal Pasha, Enver Pasha, and others, including several Armenians.
Some of those accused as war criminals led politically influential lives in the nascent Turkish state. Mustafa Abdülhalik Renda, for instance, who had "work[ed] with great energy for the destruction of the Armenians", later became the Turkish Minister of Finance and Speaker of the Assembly and, for one day, following the death of Kemal Atatürk
, President. General Vehip Pasa, and various German sources, also implicated Abdülhalik in the burning to death of thousands of people in Mus Province.
Armenian historian Vahakn N. Dadrian commented that the Allied efforts at prosecution were an example of "a retributive justice [that] gave way to expedience of political accommodation".
Peter Balakian — referring to the post-war Ottoman military tribunals
, none of which was held in Malta — commented that "The trials represent a milestone in the history of war-crimes tribunals." Although they were truncated in the end by political pressures, and directed by Turkey's domestic laws rather than an international tribunal, the Constantinople trials (Turkish Courts-Martial of 1919-20
) were an antecedent to the Nuremberg Trials
following World War II.
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...
(Turkey) during 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...
(WWI) was made in the proceedings of the Paris Peace Conference, 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...
and the 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...
, 1920.
Although 141 Turks were held in custody by the British at Malta awaiting trial, only 17 were held for crimes
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...
against Armenians, and eventually no Allied prosecutions were mounted, with all but 20 of the prisoners being exchanged for British prisoners of war. Separate trials were held by the Ottoman government.
Name
There is no unique or universally accepted name to refer to the post-WWI proceedings to determine whether Turkish forces were guilty of an Armenian genocide, but the terms "Inter-Allied" or "International Tribunal", or "Malta Tribunals" have been variously used to refer to abortive trials of 141 Turks at Malta in 1919-1921 (see Malta Exiles).Allied Reactions, 1915–17
Following the reportage by US Ambassador to the Ottoman Empire, Henry Morgenthau, Sr.Henry Morgenthau, Sr.
Henry Morgenthau was a lawyer, businessman and United States ambassador, most famous as the American ambassador to the Ottoman Empire during the First World War. He was father of the politician Henry Morgenthau, Jr. and the grandfather of Robert M. Morgenthau, who was the District Attorney of...
, of the Armenian resistance to Ottoman forces at the city of Van
Siege of Vān
The Siege of Vān occurred in 1547 when Suleiman the Magnificent attacked Persia in his second campaign of the Ottoman-Safavid War ....
, The Triple Entente
Triple Entente
The Triple Entente was the name given to the alliance among Britain, France and Russia after the signing of the Anglo-Russian Entente in 1907....
formally warned 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...
on 24 May 1915 that: "In the view of these ... crimes of Turkey against humanity and civilization ... the Allied governments announce publicly ... that they will hold personally responsible ... all members of the Ottoman Government and those of their agents who are implicated in such massacres."
Turkish courts martial, 1919–20
The initial prosecution of war criminals was established between 1919-1920 by the Turkish Committee of Union and ProgressCommittee of Union and Progress
The Committee of Union and Progress began as a secret society established as the "Committee of Ottoman Union" in 1889 by the medical students İbrahim Temo, Abdullah Cevdet, İshak Sükuti and Ali Hüseyinzade...
which charged and tried several former leaders and officials
Turkish Courts-Martial of 1919-20
Turkish Courts-Martial of 1919–20 were courts-martial of the Ottoman Empire after the armistice of Mudros during the aftermath the World War I, which the leadership of the Committee of Union and Progress and selected former officials were court-martialled with/including the charges of subversion...
for subversion
Subversion (politics)
Subversion refers to an attempt to transform the established social order, its structures of power, authority, and hierarchy; examples of such structures include the State. In this context, a "subversive" is sometimes called a "traitor" with respect to the government in-power. A subversive is...
of the constitution, wartime profiteering
Profiteering
Profiteering may relate to:* Profiteering * War profiteering...
, and the massacres of both Greeks and Armenians
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...
. At the same time the British Foreign Office
Foreign and Commonwealth Office
The Foreign and Commonwealth Office, commonly called the Foreign Office or the FCO is a British government department responsible for promoting the interests of the United Kingdom overseas, created in 1968 by merging the Foreign Office and the Commonwealth Office.The head of the FCO is the...
conducted its own investigation into alleged war crimes, debating whether the process was adequately dealt with by Turkish courts martial or should be conducted by an international tribunal.
On August 4, 1920, the British Cabinet
Cabinet of the United Kingdom
The Cabinet of the United Kingdom is the collective decision-making body of Her Majesty's Government in the United Kingdom, composed of the Prime Minister and some 22 Cabinet Ministers, the most senior of the government ministers....
decided that: "The list of the [Maltese] deportees be carefully revised by the Attorney General with a view to selecting the names of those it was proposed to prosecute, so that those against whom no proceedings were contemplated should be released at the first convenient opportunity." The Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
wrote to the Foreign Office that the "British High Commissioner at Istanbul should be asked to prepare the evidence against those interned Turks whom he recommends for prosecution on charges of cruelty to native Christians." The Turkish Government resisted ceding authority to an international or inter-allied tribunal, arguing that the Armistice of Mudros
Armistice of Mudros
The Armistice of Moudros , concluded on 30 October 1918, ended the hostilities in the Middle Eastern theatre between the Ottoman Empire and the Allies of World War I...
did not lift the sovereign rights of the Ottoman Empire.
Legal foundation
In 1918 an American list of 11 "outlaws of civilization" was drawn up to be targeted for "condign punishment":The British Foreign Office demanded 141 Turks be tried for crimes against British soldiers, and 17 for the crimes against Armenians during World War I.
The Allied authority to proceed with any prosecutions was created as part of the Paris Peace Conference, 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...
, with the establishment of "The Commission on Responsibilities and Sanctions", which was chaired by U.S. Secretary of State Robert Lansing
Robert Lansing
Robert Lansing served in the position of Legal Advisor to the State Department at the outbreak of World War I where he vigorously advocated against Britain's policy of blockade and in favor of the principles of freedom of the seas and the rights of neutral nations...
. The Commission's work saw several articles added to the 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...
to effect indictments against the acting heads of government of 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...
, Sultan Mehmed VI
Mehmed VI
Mehmet VI was the 36th and last Sultan of the Ottoman Empire, reigning from 1918 to 1922...
and Damat Adil Ferit Pasha. The 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...
gave recognition of the Democratic Republic of Armenia
Democratic Republic of Armenia
The Democratic Republic of Armenia was the first modern establishment of an Armenian state...
and developed a mechanism to bring to trial those accused of "barbarous and illegitimate methods of warfare... [including] offenses against the laws and customs of war and the principles of humanity".
Article 230 of the 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...
required the Ottoman Empire:
As a signatory to the treaty, the Ottoman Empire specifically recognized the right of the Allies to convene international tribunals to conduct war crimes trials.
By 1921 the British High Commission had gathered a body of information from its Greek and Armenian sources about the Turkish prisoners held at Malta, and about 1000 others, all alleged to have been directly or indirectly guilty of participation in massacres. The Allies had "a mountain of documents" related to the Armenian Genocide, but these were mostly general and did not clearly implicate specific individuals.
On March 31, 1921, the British Foreign Secretary Lord George Curzon
George Curzon, 1st Marquess Curzon of Kedleston
George Nathaniel Curzon, 1st Marquess Curzon of Kedleston, KG, GCSI, GCIE, PC , known as The Lord Curzon of Kedleston between 1898 and 1911 and as The Earl Curzon of Kedleston between 1911 and 1921, was a British Conservative statesman who was Viceroy of India and Foreign Secretary...
telegraphed British Ambassador to the US Sir Auckland Gedes
Auckland Geddes, 1st Baron Geddes
Auckland Campbell-Geddes, 1st Baron Geddes GCMG, KCB, PC was a British academic, soldier, politician and diplomat...
, instructing him to pursue the collection of information for the "purposes of prosecution":
On July 13, 1921, the ambassador replied:
Suspension of prosecution
As a result of lacking evidence, initial British efforts to launch prosecutions were abandoned. British Admiral Sir John Michael de RobeckJohn de Robeck
Admiral of the Fleet Sir John Michael de Robeck, 1st Baronet GCB, GCMG, GCVO was an admiral in the British Royal Navy who commanded the Allied naval force in the Dardanelles during World War I....
, who had been second-in-command of Allied naval forces at the Dardanelles, commented: "It would be hard under these conditions to convict most of the exiles before an Allied court."
British Foreign Secretary Lord Curzon said the subsequent release of many of the Turkish prisoners was "a great mistake", and wrote:
In releations to prisoner exchange Article 2 under the Agreement For the Immediate Release of Prisoners reads:
-
- "The repatriation of Turkish prisoners of war and interned civilians now in the hands of the British authorities shall commence at once, and shall continue as quickly as possible. This will not apply, however, to persons whom it is intended to try for alleged offences in violation of the laws and customs of war, or for massacres committed during the continuance of the state of war in territory which formed part of the Turkish Empire on 1st August, 1914..."
Aftermath
Separate Turkish domestic prosecutions resulted in the convictions and sentencing to death of many of the masterminds of the Armenian genocide. As many of the principal architects of the genocide had managed to escape prior to sentencing, the Armenian Revolutionary FederationArmenian Revolutionary Federation
The Armenian Revolutionary Federation is an Armenian political party founded in Tiflis in 1890 by Christapor Mikaelian, Stepan Zorian, and Simon Zavarian...
decided at its 9th General Congress, which convened in Yerevan
Yerevan
Yerevan is the capital and largest city of Armenia and one of the world's oldest continuously-inhabited cities. Situated along the Hrazdan River, Yerevan is the administrative, cultural, and industrial center of the country...
from September 27 to the end of October 1919, to pursue an assassination campaign against those it perceived to be responsible. A task force, led by Shahan Natalie
Shahan Natalie
Shahan Natalie was a member of the Armenian Revolutionary Federation's Bureau and the principal organizer of Operation Nemesis wherein the Turkish masterminds of the Armenian Genocide were assassinated...
, working with Grigor Merjanov, was established to assassinate Talaat Pasha, Pipit Jivanshir Khan, Said Halim Pasha
Said Halim Pasha
Said Halim Pasha , Ottoman Empire Grand Vizier from 1913-17. Born in Cairo, Egypt, he was the grandson of Muhammad Ali of Egypt, "founder of modern Egypt". The "Pasha" in his name is an honorific that translates in English to "Lord", or "Lord Said Halim".He was one of the signers in Ottoman-German...
, Behaeddin Shakir Bey
Behaeddin Shakir
Behaeddin Shakir or Bahaeddin Shakir was a founding member of the Committee of Union and Progress . At the end of World War I, he was detained with other members of the CUP, first by the local court martial and then by the British government...
, Jemal Azmi, Cemal Pasha, Enver Pasha, and others, including several Armenians.
Some of those accused as war criminals led politically influential lives in the nascent Turkish state. Mustafa Abdülhalik Renda, for instance, who had "work[ed] with great energy for the destruction of the Armenians", later became the Turkish Minister of Finance and Speaker of the Assembly and, for one day, following the death of Kemal Atatürk
Mustafa Kemal Atatürk
Mustafa Kemal Atatürk was an Ottoman and Turkish army officer, revolutionary statesman, writer, and the first President of Turkey. He is credited with being the founder of the Republic of Turkey....
, President. General Vehip Pasa, and various German sources, also implicated Abdülhalik in the burning to death of thousands of people in Mus Province.
Armenian historian Vahakn N. Dadrian commented that the Allied efforts at prosecution were an example of "a retributive justice [that] gave way to expedience of political accommodation".
Peter Balakian — referring to the post-war Ottoman military tribunals
Turkish Courts-Martial of 1919-20
Turkish Courts-Martial of 1919–20 were courts-martial of the Ottoman Empire after the armistice of Mudros during the aftermath the World War I, which the leadership of the Committee of Union and Progress and selected former officials were court-martialled with/including the charges of subversion...
, none of which was held in Malta — commented that "The trials represent a milestone in the history of war-crimes tribunals." Although they were truncated in the end by political pressures, and directed by Turkey's domestic laws rather than an international tribunal, the Constantinople trials (Turkish Courts-Martial of 1919-20
Turkish Courts-Martial of 1919-20
Turkish Courts-Martial of 1919–20 were courts-martial of the Ottoman Empire after the armistice of Mudros during the aftermath the World War I, which the leadership of the Committee of Union and Progress and selected former officials were court-martialled with/including the charges of subversion...
) were an antecedent to the Nuremberg Trials
Nuremberg Trials
The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....
following World War II.
See also
- Malta exilesMalta exilesMalta 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...
- Young TurksYoung TurksThe Young Turks , from French: Les Jeunes Turcs) were a coalition of various groups favouring reformation of the administration of the Ottoman Empire. The movement was against the absolute monarchy of the Ottoman Sultan and favoured a re-installation of the short-lived Kanûn-ı Esâsî constitution...
- Committee of Union and ProgressCommittee of Union and ProgressThe Committee of Union and Progress began as a secret society established as the "Committee of Ottoman Union" in 1889 by the medical students İbrahim Temo, Abdullah Cevdet, İshak Sükuti and Ali Hüseyinzade...
- 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...