Level of Bilateral Relations between Armenia and France Very High

PanARMENIAN.Net

Level of Bilateral Relations between Armenia and France Very High
30.09.2006 14:47 GMT+04:00

/PanARMENIAN.Net/ The level of bilateral relations between Armenia and
France is very high, RA President Robert Kocharian said at a joint
press conference with French leader Jacques Chirac. In his words,
during a tete-a-tete meeting they discussed the whole scope of issues
both states are interested in. `A special emphasis was placed on the
development of bilateral relations and higher education sector. The
existence of the French University in Armenia is the evidence of our
interest in each other. We also discussed the Karabakh problem with
Jacques Chirac, who is perfectly aware of the situation,’ Robert
Kocharian remarked.

The Armenian leader also said that the role of the Armenian community
of France was emphasized during the meeting. `The Armenian community
makes a great contribution to the development of bilateral
relations. I know that many people came to Armenia to take part in the
opening ceremony of the Square of France in Yerevan. This is a
significant event for us,’ the RA President said.

Struggle for Peace Most Serious Challenge Armenia Should Overcome

PanARMENIAN.Net

Struggle for Peace Most Serious Challenge Armenia Should Overcome
30.09.2006 15:24 GMT+04:00

/PanARMENIAN.Net/ `I want to voice assurance in Armenia’s future,’
French President Jacques Chirac said during the opening ceremony of
the Square of France in Yerevan. `I am sure of capabilities of
Armenia, a young republic of an ancient nation, which shares with us
the adherence to human rights advocacy. I am sure of the Armenian
youth, who are inspired by a common urge towards peace and freedom. I
am sure of the ability of you republic to overcome the economic
challenges and become attractive for investments. I am sure of
Armenia’s ability to struggle for peace. This is the most serious
challenge Armenia should overcome, since only a fair and lasting peace
will allow your people to make dreams true.

I do believe in peace. The times, when people thought that conflicts
can resolved by force, have passed. Only a mutual dialogue will open
the way to the future. Today the greatest is the one who achieves
peace. I want this square to be the square of peace.

Several hours later we will gather at the Republic Square to see the
concert of Charles Aznavour, the Great French and the Great Armenian.
Can we dream of a better event to mark the start of the Year of
Armenia in France, the symbol of our friendship, our past, present and
future?’ the French President said.

From: Emil Lazarian | Ararat NewsPress

France Attaches Importance to Armenia-EU Relations

PanARMENIAN.Net

France Attaches Importance to Armenia-EU Relations
30.09.2006 15:31 GMT+04:00

/PanARMENIAN.Net/ `I am for the first time in Armenia,
but your country is close and familiar to France. I
hope that the Square of France will become the square
of peace,’ French President Jacques Chirac said at a
joint press conference with the RA President in
Yerevan. In his words, Armenia’s opinion on the region
is important for France. `We attach great attention to
the Armenia-EU relations and the development of
bilateral relations especially in the economic and
cultural fields. Armenia is capable to overcome the
economic challenges and become a state attractive for
investments,’ the French President said.

Chirac: Turkey Should Be Interested in Armenian Genocide Recognition

PanARMENIAN.Net

Chirac: Turkey Should Be Interested in Armenian Genocide Recognition
30.09.2006 15:39 GMT+04:00

/PanARMENIAN.Net/ Armenia is interested in a predictable and
democratic state Turkey can become, RA President Robert Kocharian said
at joint press conference with French President Jacques Chirac when
responding to a Le Monde reporter’s question. In his words, the talks
on Turkey’s accession to the EU should give the answers to urgent
questions including the Armenian Genocide issue.

For his part Jacques Chirac underscored that the image of each country
raises if it acknowledges its part. `Germany has lost nothing by
recognizing the Holocaust. The faults of the past should be
acknowledged. This does credit to the nation and Turkey itself should
be interested in the Armenian Genocide recognition,’ the French
President said.

Events in Georgia Always Have Impact on Armenia

PanARMENIAN.Net

Events in Georgia Always Have Impact on Armenia
30.09.2006 15:43 GMT+04:00

/PanARMENIAN.Net/ The events taking place in Georgia always have an
impact on Armenia. Roads close, problems emerge in the economy and the
Armenian-Russian relations, RA President Robert Kocharian said at
joint press conference with French President Jacques Chirac. According
to the Armenian leader, the problems between Georgia and Russia will
be resolved in the near future. `I have always said both to Georgia
and Russia that Armenia is interested in normal relationships between
these two states,’ the RA President underscored.

One More Step by Yerevan and Baku Needed for Karabakh Problem

PanARMENIAN.Net

One More Step by Yerevan and Baku Needed for Karabakh Problem Resolution
30.09.2006 15:52 GMT+04:00

/PanARMENIAN.Net/ `Over 10 years France sparing no effort has been
taking part in the Nagorno Karabakh conflict settlement process within
the OSCE Minsk Group,’ French President Jacques Chirac said at the
opening ceremony of the Square of France in Yerevan. `I do want to
believe that the time for peace has come. I do want to believe in it,
since I know the price of war. One more step should be done for
achieving peace. A hard step, which will prove the belief in future of
the humanity. Yerevan and Baku should take this step, since it will
open the horizon to peace, light and prosperity. This is my wish to
the peoples of the Caucasus,’ the French President said.

Kocharian Regrets Absence of Diplomatic Relns b/w Armenia & Turkey

PanARMENIAN.Net

Robert Kocharian Regrets at Absence of Diplomatic
Relations between Armenia and Turkey
30.09.2006 16:09 GMT+04:00

/PanARMENIAN.Net/ The leaders of states do not exchange messages.
Communication is exercised at the level of the Foreign Ministries and
diplomatic missions, RA President Robert Kocharian said when
commenting on the fate of the letter sent by Turkish Prime Minister
Recep Tayyip Erdogan regarding the formation of a commission of
historians for investigation of the Armenian Genocide issue. `I regret
at the absence of diplomatic relations between Armenia and Turkey and
I have already proposed to form an intergovernmental commission for
normalization of relations between the two states but have not
received any response so far,’ the Armenian leader said.

Armenian Volunteer Corps in Armenia

Anoush Tatevossian
Executive Director
Armenian Volunteer Corps
62 Hanrapetutyan St. Apt 108
Yerevan, Armenia

Phone: (374 10) 540037
For information:
For contact: [email protected]

Here I am, in Armenia
By: Laurence Manessian

YEREVAN September 15, 2006. I grew up in France, both my parents are of
Armenian origin but I have never been really much involved in the Armenian
community there. I work in finance in London, I have quite a demanding job.
Last spring I felt the need to take a break from my professional and private
life and to reflect on which direction I wanted my life to take. I obtained
a 3-month career break from my work and decided to apply to become a
volunteer with the Armenian Volunteer Corps.

The choice of coming to Armenia came naturally. I had been there briefly 10
years ago, I had spent most of my time in a small village in the North of
the country. Since then I wanted to go back, get to know the country more in
depth and understand what it meant to me.

Through the AVC I got a volunteer placement at the French Armenian
Development Foundation based in Yerevan. They finance projects all over
Armenia for the long-term development of the country. The types of projects
they finance are: equipping hospitals, renovating schools or working with
handicapped and deaf people to improve their living conditions in Armenia
and help them find jobs. I help in the monitoring and co-ordination of
existing projects and also in finding funding for new projects, asking for
grants from international organizations.

I find that it is such an advantage to be of Armenian origin here. It makes
the experience so much more profound. I was accepted as one of them from the
start, I could really experience everything from the inside, and I never
felt like an intruder.

I am so glad I came to Armenia for an extended period of time. The
experience is so much more complete that any I could have in any other
country. I learn and see things on so many different dimensions.

Of course there is a linguistic and cultural dimension to the experience. I
get to know the country, its history, its specificities and customs- who
were Parajanov and Komitas, what is Borsch, who are the Armenian Navy Band,
how to do a proper Genatz.

But I also find there is a very strong human dimension to the experience.
You meet so many different people, have so many different interactions. You
meet of course other volunteers, Diasporans from all over the world with
which you can share your experiences. You also interact with Armenians from
Armenia. I found that they are very easy to talk to, they let you come into
their lives straight away, they confide in you very quickly, tell you about
their life, their problems.

I also found that there is a strong artistic dimension to the experience.
Armenia is a country which is very orientated towards arts and I have never
had such a close artistic experience than in this country. I met painters
who brought me to their studios and explained me their arts, I met ballet
dancers who took me to their rehearsals. It is so easy here and cheap to go
to classical concerts, operas or ballets.

Somehow I also found my experience here spiritual, even though I am not such
a devoted Christian. The journey through the forest to the Arekolov church,
the frescos of Kobair and the sceneries from Gandzasar are all conducive to
spiritual thoughts, I found.

Being a very city person, I found that my trip to Armenia brought me back to
nature. Through various hikes around the country, I discovered its very
diverse sceneries- the vast and dry hills of the surroundings of Yerevan,
the green forests of Dilijan and the North East or the moonlike landscape of
Aragatz.

Through my experience here, I have also discovered the world of NGOs and
international organizations, a world much of its own, with its own rules.

I also found that this trip opened my mind to a number of issues and
concepts that I had never given a proper thought before. Through the forums
organized by Birthright Armenia, talks with people and my own observations,
I got to think about a number of different world issues, such as: the
influence and impact of communism, the place of Armenia in geopolitics, the
economy of developing countries or humanitarian aid versus private
investment.

All in all it is quite a complete and certainly amazing experience and one
that I would recommend to any Diasporan Armenian. What is more, with AVC
facilitating the transition and sponsorship and support from Birthright
Armenia, it is a possibility for anyone.

For those interested in learning more about the Armenian Volunteer Corps or
Birthright Armenia , please visit and

###

www.armenianvolunteer.org
www.ArmenianVolunteer.org
www.BirthrightArmenia.org.

Explaining the Unexplainable: Terminology Employed by Armenian Media

Explaining the Unexplainable: The Terminology Employed by the Armenian
Media when Referring to 1915(1)

By Khatchig Mouradian

The Armenian Weekly
September 23, 2006

What terminology have Armenians employed to describe the greatest
tragedy in their history? When was the term Tseghasbanutyun (Genocide)
incorporated into their discourse? I will try to answer these
questions by looking at the April 24 editorials in three
Armenian-language dailies’Aztag (Factor), Zartonk (Awakening), and
Ararad.

These newspapers, all published in Beirut, express the views of the
three Armenian political parties that survived in the Diaspora’the
Armenian Revolutionary Federation (ARF) or the Tashnags, the Social
Democratic Hunchagian Party, and the Democratic Liberal Party or the
Ramgavars, respectively. Aztag has been published, without any
significant interruption, since 1927; Ararad and Zartonk, since
1937(2).

Survivors of the Armenian Genocide used a number of terms to refer to
the destruction of their people in the Ottoman Empire. In the
editorials under study, the term most commonly and consistently used
from the 1920s to the present is Yeghern (Crime/Catastrophe), or
variants like Medz Yeghern (Great Crime) and Abrilian Yeghern (the
April Crime). Other terms include Hayasbanutyun (Armenocide), Medz
Voghperkutyun (Great Tragedy), Medz Vogchagez (Great Holocaust), Medz
Nahadagutyun (Great Martyrdom), Aghed (Catastrophe), Medz Nakhjir and
Medz Sbant (both, Great Massacre), Medz Potorig (Great Storm), Sev
Vojir (Black Crime) and, after 1948, Tseghasbanutyun (Genocide), or
variants like Haygagan Tseghasbanutyun and Hayots Tseghasbanutyun
(both, Armenian Genocide).

Yeghern was the word most frequently used when referring to the
destruction of the Armenians before the term `genocide’ was coined by
Raphael Lemkin in 1944 and incorporated into the 1948 UN Genocide
Convention. Even after that, Yeghern maintained its prominence for a
number of decades.

It was only in the late 1980s and early 1990s that the expression
Haygagan Tseghasbanutyun started appearing more frequently than the
term ‘Yeghern’ in the editorials under study and, generally, in other
related articles in Armenian-language newspapers and publications4.

Hayasbanutyun was used after the Lebanese jurist Moussa Prince
published his book Un génocide impuni: L’Arménocide
(Unpunished genocide: Armenocide) in 1967(5). In the next few years,
more than one Armenian translation of this book appeared as a book and
as a serial in Ararad (6).

>From 1978 to 1982, the term Hayasbanutyun was employed at least once
in every April 24 editorial in Aztag. However, it rarely appeared in
the other newspapers under study.

The term Tseghasbanutyun appeared for the first time in Aztag on April
25, 1948, a few months before the UN General Assembly approved the
`Convention on the Prevention and Punishment of the Crime of Genocide’
in December of that year. Titled `Tseghasbanutyun,’ the editorial
begins with the following question in reference to the Jewish
Holocaust (7):

`Was another earth-shaking storm necessary, so that men would learn
the word Tseghasbanutyun (Genocide)? ¦The attempt to exterminate
the Armenians en masse’genocide’only served the purpose of filling the
pages of books and giving brilliant speeches, while the other [attempt
of extermination] immediately resulted in a logical ending: trials and
hanging.’ (Aztag, 1948)

The next time the term was used in Aztag was in an editorial
condemning the disinterest of the West over the attempted decimation
of the Armenians (8) was even more evident the next time the term
appeared in an Aztag editorial:

`A second World War was needed so that the peoples of the West would
feel on their own flesh what it means to plot a crime against a nation
and would condemn it by employing the term genocide’ (Aztag, 1950).

Two years later, another April 24 editorial stated: `The condemnation
of the crime of genocide in speeches and on paper is not enough’
(Aztag, 1952). In this editorial, the term tseghasban (9) (perpetrator
of genocide) is also employed in reference to the Turks.

In the following years, and leading up to the 50th anniversary of the
Yeghern in 1965, the term Tseghasbanutyun was not used in the
editorials of Aztag. However, it was mentioned, albeit sporadically,
in other articles dealing with the issue published in the same
newspaper.(10)

Zartonk first employed the term Tseghasbanutyun in its April 24
editorial in 1954 and it continued to use it in subsequent years:(11)
`The Armenian fatherland was depopulated as a result of the horrible
crime of Genocide that was unleashed on the 24 of April’ (Zartonk,
1954); no one listened to the few great humanists who were `condemning
barbarity and genocide’ (Zartonk, 1955); `The German-Austrian
whore-like politics turned a blind eye to this ghastly genocide’
(Zartonk, 1956); `Forty-five years after the Medz Yeghern started,
today, while we deeply mourn the martyrdom of our fathers and mothers,
brothers and sisters, we also state with endless joy that the
genocidal Turk has failed in his plan¦We should vow to do
everything to crown our SACRED CAUSE [Emphasis by Zartonk] with
success, so that no [other] Talaat (12) will ever again even
contemplate solving `the Armenian issue’ through violent genocide’
(Zartonk, 1960); `The Ittihadist leaders or the Ottoman ministers had
already prepared the ground for the unprecedented genocide’ (Zartonk,
1964), etc.

After 1965, the term Tseghasbanutyun was gradually incorporated into
the standard lexicon of the three newspapers under study and was used
interchangeably with other terms when referring to the events of 1915.

In 1965, stressing the importance of the 50th anniversary of the
Genocide, the ARF Central Committee in Lebanon signed a declaration in
Aztag titled `Our Word,’ which appeared in lieu of an editorial. In
this declaration, the term Yeghern was used five times, while
Tseghasbanutyun was used only twice. (13)

In 1966, in a move atypical for the period before the 1990s, an
editorial titled `Tseghasbanutyun,’ used the term Tseghasbanutyun
seven times (three in reference to the UN Genocide Convention),
tseghasban Turk (the genocidal Turk) once, and Yeghern not at all.

Ararad first used the term Tseghasbanutyun in an April 24 editorial in
1966. Thereafter, the term appeared with some regularity in the
newspaper’s April 24 editorials: `The Diaspora Armenians have an
immensely important role to play in acquiring condemnation for the
genocide of the Turk’ (Ararad, 1966); `Even the wildest imagination
would not be able to portray the genocide committed against us’
(Ararad, 1967); `The genocide committed against our people is also a
crime against humanity’ (Ararad, 1968); `56 years have passed from the
genocide and the pillaging of Western Armenia’ (Ararad, 1971), etc.

The expression Haygagan Tseghasbanutyun was not employed at this
juncture. Typically, when referring to the events of 1915-16, the
expressions used were `the genocide of 1915,’ `The Turkish genocide,’
and `the genocide committed against the Armenians.’ It is only in the
1980s that Haygagan Tseghasbanutyun becomes the most frequently
applied expression when referring to 1915.

Deniers of the Armenian Genocide argue that the Armenians themselves
never referred to 1915 as `genocide’ before the 1980s. As this study
demonstrates, their argument, popular in the Turkish media and
academic circles, does not stand. While it is true that the Armenians
have employed a number of terms to refer to the annihilation of their
people, shortly after the term `genocide’ was coined by Raphael Lemkin
and even before the UN Genocide Convention was approved, the Armenians
realized that the term was applicable to the horrors their people
experienced just a few decades earlier.

Of course, they were not alone in this realization. Lemkin himself
referred to 1915 as `genocide’ and stated that it paved the way to the
unanimous adoption of the Genocide Convention by the UN General
Assembly in 1948. `One million Armenians died, but a law against the
murder of peoples was written with the ink of their blood and the
spirit of their sufferings,’ wrote Lemkin in an exclusive article for
the Hairenik Weekly in 1959.

Endnotes

1 This article is an excerpt from a research paper presented at the
fourth Workshop on Armenian-Turkish Scholarship, held at New York
University in May 2006. I am indebted to Dr. Ara Sanjian for his
guidance and invaluable advice from the first day I embarked on my
research on issues related to the Yeghern and the Armenian media. I
also thank Dr. Asbed Kotchikian and Dr. Rania Masri for reading the
drafts of the paper upon which this article is based.

2 The Tashnag Aztag was published twice a week until 1930, and then,
three times a week until 1932, when it became a daily publication. The
newspaper was initially the private property of Haig Balian, but it
expressed the views of the ARF until June 1965, when it formally
became the official organ of the ARF Central Committee of Lebanon. The
Hunchagian Ararad became a weekly in June 2001.

Aztag, Zartonk and Ararad are not the only daily newspapers that have
mirrored opinions of the Lebanese-Armenian community. A fourth daily,
the independent Ayk, published by Tigran Tospat, appeared from
1953-75. Because of constraints on space and time, this study does not
deal with Ayk’s editorials on Armenian Martyrs’ Commemoration Day.

3 In the 1990 editorial, Yeghern appeared only once in Aztag, while
Tseghasbanutyun was employed three times. In the 1997 editorial, for
example, Zartonk employed the term tseghasban 10 times; tseghasbanagan
(genocidal), twice; and Tseghasbanutyun, three times. Yeghern was not
employed. In the 2005 editorial, the term Tseghasbanutyun appeared 11
times in Aztag. It should be noted that even in the 1980s and 1990s,
one does encounter editorials where the term Tseghasbanutyun was not
the word of choice when referring to 1915 (see, for example, Aztag,
1991).

4 It is interesting to note here that the first ever book with the
word genocide (as applied to the Armenians) in the title was published
in 1948. It was Josef Guttmann’s 19-page booklet, The Beginnings of
Genocide: A Brief Account of the Armenian Massacres in World War I
(New York: Armenian National Council of America, 1948). This was the
English translation of an article originally published in Yiddish in
Yivo bleter, the Journal of the Yiddish Scientific Institute, v. 28,
no. 2, under the title `Di shhite oyf Armener hit draysik yor tsurik.’
Thereafter, we have to wait until 1965 for Father Jean
Mécérian’s Le génocide du peuple arménien:
le sort de la population arménienne de l’Empire ottoman, de la
Constitution ottomane au Traité de Lausanne, 1908-1923 (Beirut:
Impr. Catholique, 1965). There was one Armenian title published in
Beirut with the word Tseghasbanutyun in 1959: Tseghasbanutyune
khorhrtayin mioutenen ners: usumnasirutyun zankvadzayin sbanutyants
`(Genocide in the Sovet Union: A Study on the [Committed] Mass
Murders) but that was about the USSR, the translation of a book
produced by Institut zur Erforschung der UdSSR in 1958. (This research
was carried out through WorldCat.)

5 The term `Armenocide’ is also used in the title of The Genocide of
the Armenians by Turks, the Turkish Armenocide, Documentary series,
v. 1: The Memoirs of Naim Bey: Turkish Official Documents Relating to
the Deportations and Massacres of Armenians ([Newton Square, Pa.]:
Armenian Historical Research Association, 1964).

6 One of the translators is Dikran Vosgouny, an editor of Aztag in
that period.

7 The Holocaust and other genocides are seldom mentioned in April 24
editorials. The Rwandan Genocide, for instance, is mentioned in Aztag
in 2004, in the context of the 10th anniversary commemoration of that
genocide.

8 In the editorials, Western powers are frequently blamed for the
suffering of the Armenians. Germany is considered an accomplice to
what befell the Armenians. Britain, France and the U.S. are blamed for
being bystanders and, prior to that, doing little to fulfill their
promises to the Armenians suffering under the Ottoman rule.

9 As this paper demonstrates, for decades tseghasban remains an
adjective inseparable from `the Turk’ in the Armenian newspapers. It
is worth nothing that Haygazn Ghazarian’s book on the Armenian
Genocide, published in Beirut in 1968, is titled Tseghasban Turke.

10 See, for example, H.K. Barsalian’s `The God-Chosen Armenian’ on
page 2 of the April 23 1959 issue, and the series of articles by
Yer[vant] Khatanasian titled `Genocide and the Armenian Cause’ in
April 1964.

11 It should be noted here that the editor of Zartonk, Kersam
Aharonian, played an instrumental role in making the Armenian Genocide
a central cause in Lebanon in the 1960s. The 1,116-page book,
Hushamadyan Medz Yegherni, which he edited in 1965, was regarded as
the most comprehensive Armenian-language book on the topic of Yeghern
published until then.

12 Minister of the Interior Talaat Pasha, the leading figure of the
triumvirate that came to power in 1913 in the Ottoman Empire and a
prime architect of the Armenian Genocide, is regarded by the
editorials throughout the entire period under study as the
personification of genocidal evil. His name is often cited together
with the name of Soghomon Tehlirian, who assassinated Talaat on March
14, 1921.

13 In the resolution adopted by the 18th ARF General Meeting in 1963,
the term Tseghasbanutyun was employed for the first time in the line
of successive General Meeting resolutions.

From: Emil Lazarian | Ararat NewsPress

The Rafik Hariri Case Eludes the ICC

Just out of Jurisdictional Reach: The Rafik Hariri Case Eludes the ICC

By Kristen Heim

The Armenian Weekly

September 23, 2006

`We should rule out the establishment of future ad hoc tribunals similar to
those for the former Yugoslavia, or for Rwanda. I think this is no longer an
option, as they are too expensive, [the] trials are too lengthy, and they
will be superfluous because of [the presence] of the International Criminal
Court.’
-Antonio Cassese(1)

Cassese’s words echo the general consensus on the dwindling role of ad hoc
tribunals today. With the signing of the Rome Statue in 1998, the
international community was able to celebrate the long-awaited establishment
of an international judicial body capable of bringing the world’s most
heinous crimes to justice. Today, the International Criminal Court (ICC) has
gained a solid foothold in trans-sovereign sanctioning, with three
large-scale conflicts on its agenda (Uganda, the Democratic Republic of the
Congo and Darfur) and 130 signatories to its Statute. After more than a
century of efforts, the international community has felt the inclination – an
entitlement, even – to place its faith in this newfound instrument.

And rightly so. Ad hoc tribunals, like the International Criminal Tribunal
for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for
Rwanda (ICTR), have been criticized for taking from the international
community almost as dearly as they have given. There has been heated debate
over their limited contribution to local judicial systems, from which they
are derived, as well as over the cost to the already modest UN budget. In
addition, the geographical distance from the crime scenes remains a problem:
evidence and witnesses are difficult to obtain, judges and prosecutors are
seen as being out of touch with local cultural norms, and victims of the
crimes are left detached from the cathartic effects of a local trial(2). As
a result of these concerns and in light of the establishment of the ICC,
ad-hoc tribunals have been deemed obsolete alternatives in the pursuit of
international justice.

Yet, with precedents now set in Cambodia, Sierra Leone, Kosovo and East
Timor, a new form of tribunal, the so-called `hybrid tribunal,’ has emerged
on the scene. Although sustained by local resources and the personnel of its
national judicial systems, hybrid tribunals combine both national and
international staff and resources(3) seeking to remedy some of the
contentious aspects of purely ad-hoc tribunals.

Despite these efforts, however, internationalized tribunals continue to be a
financial burden, and their internationalized nature raises new concerns
over the maintenance of consistent international legal procedures and
interpretation(4).

Plans to establish yet another hybrid tribunal to try those responsible for
the assassination of the former Lebanese Prime Minister Rafik Hariri, and
calls for the establishment of more tribunals of the same nature(5), leads
one to ask why such situations are not being referred to the body originally
established for this very purpose – the ICC.

To get to the heart of the matter, the court’s reach must be systematically
taken into account through a review of ratione loci and personae(6), ratione
temporis(7), the principle of complimentarity(8) and ratione materiae(9).

At first glance, it seems all too apparent that the Hariri case falls
outside the scope of ICC jurisdiction. While states that have ratified the
Rome Statute agree to refer crimes committed on their soil or by their
nationals to the ICC, neither Lebanon nor Syria – states with jurisdiction
over the main suspects in the Hariri assassination – have done so. Vital to
this matter is the authority entrusted to the UN Security Council; that is,
if it deems a matter to be a `threat to international peace and security,’
it may still refer it to the ICC under the UN chapter VII mandate,
regardless of its commitment to the Rome Treaty(10). Thus, since the
Security Council has the last word in matters of rationae loci and rationae
personae, the Hariri case could have easily been referred to the ICC.

Similar conclusions can be reached when looking at the issue of
complimentarity. While the ICC has limited itself to involvement in matters
in which the state in question is unwilling or unable to bring the crime to
justice, its stance on this, too, remains somewhat flexible: The
interpretation and application of the principle of complimentarity rests
upon the digression of the Court on a case by case basis(11). Thus, the
willingness of the Lebanese government to try the Hariri case is unlikely to
be disputed. Should the ICC, however, deem the Lebanese judiciary unable to
process the case on its own, the Court could again declare it within its
jurisdictional reach(12).

Jurisdictional constraints stemming from the third criteria – ratione
temporis – are largely inapplicable to the Lebanese tribunal. Because the
assassination occurred in 2004, the case remains well within the authority
of the ICC. Concerns may have arisen only if the host state, like others
before it, had pushed for an extension of this date in order to `put events
in historical perspective,’ so as to include events occurring before July 1,
2002(13).

Since the afore-mentioned jurisdictional limitations of the Court do not
provide a convincing argument for the ICC’s lack of involvement in the
Hariri case, we turn our attention to ratione materiae – the true culprit, as
it were. According to Article 5 of the Rome Statute, only crimes
encompassing genocide, crimes against humanity, war crimes and (pending an
approved definition) crimes of aggression are considered by the Court. Acts
of terrorism, as the Hariri assassination has been defined, are not included
in the Statute for fear that the court would be `overburdened with
apparently less important cases(14).’ Thus, the assassination will not be
tried by the ICC, but rather by a hybrid tribunal – the consequences and
merits of which remain to be seen.

If one conclusion can be drawn from this brief inquiry, however, it is the
continued relevance of the tribunal, in general terms, even in the shadow of
the ICC. Indeed, imperfect institutions that they may be, superfluous they
most certainly are not.

Kristen Heim is a graduate student of international politics and peace at
the Eberhard-Karls University in Tuebingen, Germany. She is currently
researching the political implications of the establishment of the Hariri
Tribunal in Lebanon.

Endnotes

1 Cassese, 12: professor of international law of Florence University and
former president of the ICTY

2 Cassese, book preface: evidence and witnesses are most easily obtained and
accessed locally

3 Shraga, 28: including national and international judges, prosecutors, and
administrative staff

4 Condorelli, Boutruche, 432-433: for details on how the case of Cambodia
challenged this consistency

5 various news sources have reported on a push for the establishment of a
tribunal to try Israel for alledged war crimes and crimes against humanity
in the recent war in Lebanon

6 Where the Court presides jurisdiction only over those parties to the Rome
Statute in which those persons who are either nationals (personae) of a
State Party to the Statute or where the crimes have occurred on the
territory(loci) of a State Party of the Statute. See Benzing, Bergsmo, 408

7 Where the Court may only try cases committed after 1 July 2002. See
Benzing, Bergsmo, 408

8 Where the Court may only intervene in cases where states are unable or
unwilling to do so. Benzing, Bergsmo, 408

9 Where the Court may only adjudicate over the most serious crimes, Benzing,
Bergsmo, 408

10 Colitti, 421

11 Benzing, Bergsmo, 413-414: interpretation is made possible through
article 17 of the Statute

12 here, the `ability’ to adjudicate would most likely be based upon
security concerns

13 Shraga, 28: with the exception of the ICTY, all governments have
requested a termporal extentions

14 Colitti, 422

From: Emil Lazarian | Ararat NewsPress

www.armenianweekly.com