Pressure, Politics, Persistence, Payoff

PRESSURE, POLITICS, PERSISTENCE, PAYOFF

Friday, May 23rd, 2014

BY GAREN YEGPARIAN

What’s worse than a Genocide denier? A smug Genocide denier!

What warms an Armenian heart? A smug Genocide denier reformed (even
if only superficially).

Of course I’m referring to two time SpitRain Award (my irregularly
bequeathed commendation for shamelessness) winner Abe Foxman, National
Director of the Anti-Defamation League. In his speech at Suffolk
University Law School’s (Boston, Mass.), it seems he finally stopped
denying the Armenian Genocide. He said, “Had there been people of
courage to act in 1915 when the Armenian Genocide was taking place,
had there been international intervention when massacres in Cambodia,
Bosnia, and the genocide in Rwanda were happening, innocent lives in
great numbers could have been saved.”

Of course, this is him speaking, and it is only a passing reference.

The ADL, which he represents, has been just as duplicitous,
so before I fully warm the cockles of my heart, I want to see a
similar, unequivocal, acknowledgement by the organization. Hell, for
that matter, I want to see something more substantive from Foxman,
too. As a reminder, in 2007, they released a statement in which the
“consequences” of Turkish actions in 1915 were described as “tantamount
to genocide”– double-speak for “we’re supporting Turkish denialism”
since consequences do not carry the intent required for killings to
qualify as genocide (a nuance I had missed when first writing about
this matter years ago).

I write all this in spite of the ADL’s statement released just before
Foxman was to speak at Suffolk, in which all they do, really, is
reference and re-release their 2008 statement (intended to “correct”
the 2007 statement), which in turn refers to even older (unspecified,
uncited) acknowledgements of the Armenian Genocide.

If they’re sincere, and if they’re not continuing their Orwellianism,
why not simply say something like: “We want to clear up our stance
on the Armenian Genocide once and for all. The mass murders and
deportations of the 1915-1923 period constitute genocide and the
denialism that has characterized official Turkish behavior is the
final stage of that same genocide.” That should be it. No subsequent
backpedaling language about how a Congressional resolution would be
counterproductive. No other too-clever-by-a-half language to water
down the statement. Just a clean acknowledgement.

If your head is spinning from all the self-referential statements
that ultimately lead nowhere, I don’t blame you. So let’s move on to
what we can learn from the last seven years.

Of course none of this would have happened if various factors
hadn’t woven a web to catch the fly of denial. The first of these was
pressure. We on the West Coast were not as impacted as our compatriots
on the East Coast where many more jurisdictions were using the ADL’s
“No Place for Hate” program that schools sometimes include in their
curriculum. These jurisdictions provided opportunities to go after the
program to expose the ADL’s hypocrisy when this issue first became big
back in 2007. Ultimately, numerous governments chose to disaffiliate
with it. More recently, a candidate for a judgeship in Massachusetts
was ultimately denied appointment, in part because of his affiliation
with the ADL and its two-faced Armenian Genocide policies. Finally,
when it became known that Foxman was to be the commencement speaker
at Suffolk, a petition initiated by some students, National Lawyers
Guild chapter (in the Los Angeles area, you can hear their radio show
on KPFK 90.7 FM, Thursdays at 3:00 pm), and alumni from Suffolk was
also strongly supported by Armenian efforts.

Meanwhile, relations between Israel and Turkey continue to be
strained. This eliminates, or reduces, some of the incentives for
American Jewish organizations to be in bed with Turkey and engage in
Armenian Genocide denial or opposition to a commemorative resolution
passing in Congress. And boy-oh-boy was the ADL in bed with Turkey.

Just review some of the Jewish media’s reporting and the organization’s
own press releases. Foxman, along with others, has even met with
Erdogan, Gul, and more of Turkey’s leaders. The coolness between the
two countries has now existed for over half a decade in some form
for one reason or another (e.g. Gaza, Mavi Marmara, leaders’ egos).

Throughout these seven years, the ADL/Foxman denial club has been
on the receiving end of persistent, if not necessarily very strong,
criticism for its denial, as evident from the examples above, including
occasional articles in the media.

Finally, the pressure, politics, and persistence paid off in the form
of Foxman’s May 17 remarks. Who knows, his upcoming July 20 retirement
from the ADL may even have something to do with it. This carries a
very important lesson. We have many cynics and pessimists among us
who seem convinced that nothing we do matters because everything
is controlled by omnipotent “powers that be” who are untouchable,
impervious to any influence but their own mighty will. This teaches us
the value of applying unrelenting pressure (much as has the progress
in Turkey regarding awareness of the Genocide). The pressure must be
persistent. Otherwise, it’s easy to lose credibility in the court of
public opinion. Then, when the political conditions ripen, the desired
result may be achieved. This is not unlike how Armenia regained its
independence, or the changes triggered by the self-immolation of a
street vendor in Tunisia that brought on the not-necessarily-very-sunny
Arab Spring.

Now, it’s time for more pressure, polite, persistent, pragmatic… all
to push the ADL, and others of its co-denialists, to fully, clearly,
unquestionably, part company with Turkey’s government. The context of
the 100th anniversary may provide the opportunity for these groups,
and even governments, to be more forthcoming.

We’re not done yet. Get to work. Let your Jewish friends know you
want and need their support.

http://asbarez.com/123446/pressure-politics-persistence-payoff/

Who Are The Holy Land’s Christians?

WHO ARE THE HOLY LAND’S CHRISTIANS?

Ha’aratz, Israel
May 22 2014

Their numbers, where they live, what denominations they belong to,
and what their relationship to Pope Francis is.

By Danna Harman

When Pope Francis arrives at Ben-Gurion Airport on Sunday he will be
following in the footsteps of countless Christian pilgrims before
him, who, ever since the 4th century, have been making the journey
to this land — to walk in the footsteps of Jesus, seek blessings,
ask for penance, give thanks or simply breath in a little holy air.

But, while millions upon millions of Christian visitors over the years
will have walked down the Via Dolorosa, lit candles in the Church
of the Holy Sepulchre, or bowed their heads to pray in the Church
of Gethsemane at the foot of the Mount of Olives — the number of
Christians who actually make their permanent home in Israel or the
West Bank today is relatively small.

According to latest statistics from the Central Bureau of Statistics,
there are currently about 161,000 Christians official residents in
Israel — about 2.1 percent of the general population.

Most of these men, women and children — about 75 percent — live
in the western Galilee, concentrated in the cities of Haifa (with
some 14,000 Christians) and Nazareth (22,500), as well as in smaller
villages such as Shfaram and Kfar Yasif. Other large communities
of several thousand each live in Jaffa and west Jerusalem. The only
completely Christian villages in the entire Middle East, according
to the Foreign Ministry, are in Israel too: Ma’aliya and Fassuta in
northern Israel.

Meanwhile, it is estimated there are today anywhere between
25,000-35,000 Christians in the West Bank — notably in Bethlehem and
Ramallah — and another approximately 12,000 live in East Jerusalem,
a sum total of about 2 percent of the Palestinian population beyond
the Green Line. In Gaza, there are but 3,000 Christians, who make up
less than one percent of the population there.

The majority of all these Christians (more than 80 percent in Israel
and practically all in the West Bank and Gaza) are Arabs. And many,
or even most, of them — including those holding Israeli citizenship —
identify as Palestinians.

Outside of the Arab-Christian population, the Christians in Israel
are a mix, with the largest group being Christian immigrants from the
former Soviet Union – possibly as many as 23,000- who arrived in this
country in the 1990s together with Jewish relatives. Another large
group, whose precise numbers are not known, are the foreign workers,
asylum seekers and refugees from Asia, Africa and elsewhere.

Other, smaller Christian groups in Israel include the approximately
7,000 Maronites of Syrian origin living in the Galilee; The communities
of Messianic Jews and Hebrew Catholics — estimated to be sWhen Pope
Francis arrives at Ben-Gurion Airport on Sunday he will be following
in the footsteps of countless Christian pilgrims before him, who, ever
since the 4th century, have been making the journey to this land —
to walk in the footsteps of Jesus, seek blessings, ask for penance,
give thanks or simply breath in a little holy air.

But, while millions upon millions of Christian visitors over the years
will have walked down the Via Dolorosa, lit candles in the Church
of the Holy Sepulchre, or bowed their heads to pray in the Church
of Gethsemane at the foot of the Mount of Olives — the number of
Christians who actually make their permanent home in Israel or the
West Bank today is relatively small.

According to latest statistics from the Central Bureau of Statistics,
there are currently about 161,000 Christians official residents in
Israel — about 2.1 percent of the general population.

Most of these men, women and children — about 75 percent — live
in the western Galilee, concentrated in the cities of Haifa (with
some 14,000 Christians) and Nazareth (22,500), as well as in smaller
villages such as Shfaram and Kfar Yasif. Other large communities
of several thousand each live in Jaffa and west Jerusalem. The only
completely Christian villages in the entire Middle East, according
to the Foreign Ministry, are in Israel too: Ma’aliya and Fassuta in
northern Israel.

Meanwhile, it is estimated there are today anywhere between
25,000-35,000 Christians in the West Bank — notably in Bethlehem and
Ramallah — and another approximately 12,000 live in East Jerusalem,
a sum total of about 2 percent of the Palestinian population beyond
the Green Line. In Gaza, there are but 3,000 Christians, who make up
less than one percent of the population there.

The majority of all these Christians (more than 80 percent in Israel
and practically all in the West Bank and Gaza) are Arabs. And many,
or even most, of them — including those holding Israeli citizenship —
identify as Palestinians.

Outside of the Arab-Christian population, the Christians in Israel
are a mix, with the largest group being Christian immigrants from the
former Soviet Union – possibly as many as 23,000- who arrived in this
country in the 1990s together with Jewish relatives. Another large
group, whose precise numbers are not known, are the foreign workers,
asylum seekers and refugees from Asia, Africa and elsewhere.

Other, smaller Christian groups in Israel include the approximately
7,000 Maronites of Syrian origin living in the Galilee; The communities
of Messianic Jews and Hebrew Catholics — estimated to be somewhere
around 6,000; And of course the communities of nuns, priests, monks
and other religious officials who have made Israel or the West Bank
their home specifically to serve in the various churches, seminaries
and monasteries here.

About 45 percent of all the Christians in Israel and the West Bank
belong to communities that are in communion with Rome, and, as such,
accept the rubric of the Catholic Church, says Rabbi David Rosen,
International Director of Interreligious Affairs at the American Jewish
Committee, who received a papal knighthood for his contribution to
Jewish-Catholic reconciliation. Of these, the vast majority are members
of the Greek Catholic (or Melkite) Church, with others belonging to
the Roman Catholic (or Latin) Church or the Maronite community.

Most of the rest of the Christians in Israel and the West Bank are
members of the Greek Orthodox community who, like the other local
Orthodox communities, such as the Russian and Romanians, sided with
the Eastern Orthodox Churches in the schism with Rome in 1054 and as
such do not recognize the Pope as their leader.

The historic meeting in Jerusalem in 1964 between Pope Paul VI and
the Ecumenical Patriarch of Constantinople, Athenagoras — which
Pope Francis’ visit 50 years later comes to commemorate — marked
the beginning of reconciliation between these two patriarchates.

Other churches that function at the pleasure of the Greek Orthodox
Patriarchy and who have presences — if not real communities —
here include the Armenian, Coptic, and Ethiopian churches. And
finally, there are also an estimated 7,000-8,000 protestants in
Israel, among them Anglicans, Lutherans, Baptists, Pentecostals and
Presbyterians.omewhere around 6,000; And of course the communities
of nuns, priests, monks and other religious officials who have made
Israel or the West Bank their home specifically to serve in the
various churches, seminaries and monasteries here.

About 45 percent of all the Christians in Israel and the West Bank
belong to communities that are in communion with Rome, and, as such,
accept the rubric of the Catholic Church, says Rabbi David Rosen,
International Director of Interreligious Affairs at the American Jewish
Committee, who received a papal knighthood for his contribution to
Jewish-Catholic reconciliation. Of these, the vast majority are members
of the Greek Catholic (or Melkite) Church, with others belonging to
the Roman Catholic (or Latin) Church or the Maronite community.

Most of the rest of the Christians in Israel and the West Bank are
members of the Greek Orthodox community who, like the other local
Orthodox communities, such as the Russian and Romanians, sided with
the Eastern Orthodox Churches in the schism with Rome in 1054 and as
such do not recognize the Pope as their leader.

The historic meeting in Jerusalem in 1964 between Pope Paul VI and
the Ecumenical Patriarch of Constantinople, Athenagoras — which
Pope Francis’ visit 50 years later comes to commemorate — marked
the beginning of reconciliation between these two patriarchates.

Other churches that function at the pleasure of the Greek Orthodox
Patriarchy and who have presences — if not real communities — here
include the Armenian, Coptic, and Ethiopian churches. And finally,
there are also an estimated 7,000-8,000 protestants in Israel, among
them Anglicans, Lutherans, Baptists, Pentecostals and Presbyterians.

http://www.haaretz.com/.premium-1.592011

Ameriabank Awarded For Deal Of The Year In 2013 By EBRD

AMERIABANK AWARDED FOR DEAL OF THE YEAR IN 2013 BY EBRD

TendersInfo
May 21, 2014 Wednesday

FMO client Ameriabank has been awarded the Deal of the Year in 2013 by
European Bank of Reconstruction and Development (EBRD). The award was
presented during the EBRD s 2014 Annual Meeting and Business Forum on
Friday, 16 May 2014 as part of the Trade Facilitation Programme Annual
Event and Awards Ceremony. It is a great honor for us to receive
a special and the most prestigious award within Trade Facilitation
Programme by EBRD, while in 2013 Ameriabank was awarded as the Most
Active Issuing Bank, as well as First Confirming Bank in Armenia.

2013 Deal of the Year is a transaction concluded between Ameriabank
and Commerzbank and guaranteed by EBRD and FMO. The transaction had
a significant strategic goal at developing telecommunication sector
of Armenia.

Due to trust and good standing with international partners and in
line with a valuable collaboration with EBRD, Ameriabank continues its
active cooperation with such outstanding global institutions as IFC,
ADB, DEG, FMO and several major international commercial banks.

We are committed to maintaining our leading position in trade finance
in Armenia in 2014 and beyond.

About Ameria Group

Ameria Group is one of the first and most dynamically growing financial
institutions in the loca l market offering a range of financial
and advisory services. Ameria Group renders comprehensive financial
services to clients representing almost all the sectors of economy in
Armenia with key areas being: financial services, management advisory,
financial and legal advisory, investment banking, asset management,
private equity and property development services.

Ameria Group has 600 employees, around USD 820 million dollars in
assets, branches across the country and a representation in the
United States. Ameriabank became a champion by growth rates within
five years of operations acquiring top market position among its peers.

New Armenian Government’s Policy Program Approved By Parliament

NEW ARMENIAN GOVERNMENT’S POLICY PROGRAM APPROVED BY PARLIAMENT

YEREVAN, May 22. / ARKA /. By a vote of 70 to 1 and 2 abstentions
Armenia’s National Assembly has passed today the government’s plan
of actions for 2014-2017.

The parliamentary minority represented by the Armenian Revolutionary
Federation/Dashnaktsutyun (ARF), the Armenian National Congress,
the Prosperous Armenia and the Heritage parties did not participate
in the voting. The plan was backed by members of the Republican Party
of Armenia that controls 70 seats in 131-member legislature.

Hrant Bagratyan from the oppositional Armenian National Congress and
Alexander Arzumanyan from Heritage participated in the voting but
abstained saying they saw ‘sound elements’ in the program.

Karen Botoyan from Country of Law said he had walked out from his
faction because of going to vote for the program.

The plan of actions calls for priority growth rate due to a 5 percent
medium-term growth from 2014 to 2017. It envisages also a gradual
rise of the minimum wage to 65,000 drams and reduction of poverty by
10 percentage point.

The 2014 budget approved earlier this year calls for a 5.2% GDP
growth. The minimum wage was raised lust summer to 45,000 drams and
according to official data; the poverty rate is above 32 percent now.

The new government’s program’s focus is on ensuring fair wages,
agricultural sector, small and medium-sized businesses, information
technology, tourism and many other areas. A special attention will be
paid also to proportional development of the regions of the country
as well as to ensuring an effective system for protection of human
rights and justice.

The new program offers a set of new tools designed to improve the
situation in such areas as social protection, health , education
and science.

Hovik Abrahamyan was appointed prime minister on April 13 replacing
former head of the government Tigran Sarkisian. According to
the Constitution, the new government was formed within twenty
days after the appointment of prime minister.-0- – See more at:

http://arka.am/en/news/economy/new_armenian_government_s_policy_program_approved_by_parliament_/#sthash.XWHv7lMA.dpuf

Lake Sevan And Landfills Serious Challenges For Nature Protection Mi

LAKE SEVAN AND LANDFILLS SERIOUS CHALLENGES FOR NATURE PROTECTION MINISTRY

May 22, 2014 | 13:13

YEREVAN. – The situation over Lake Sevan and landfills are serious
challenges for the ministry of nature protection, Minister Aramayis
Grigoryan told reporters on Thursday.

Grigoryan said the Ministry will focus on working with the media,
promising that results will be seen shortly.

“I do not want to speak about predecessors’ work. We should work with
what we have,” the Minister emphasized.

Aramayis Grigoryan said he had already met with the representatives
of public sector, and planned to meet with the scientists.

“I want our work to be transparent, and all concerned parties must
be involved,” he added.

News from Armenia – NEWS.am

Russian, Chinese Companies Agree To Build Joint Long-Range Airliner

RUSSIAN, CHINESE COMPANIES AGREE TO BUILD JOINT LONG-RANGE AIRLINER

UNAC CEO Mikhail Pogosyan

© RIA Novosti. Sergey Guneev 14:25 20/05/2014 Russia

MOSCOW, May 20 (RIA Novosti) â?” The leaders of Russia’s United
Aircraft Corporation and the Commercial Aircraft Corporation of China
have signed an agreement to cooperate on the development of a new
wide-body long-range passenger airliner, the Russian company said in
a statement Tuesday.

“The combined efforts of COMAC and UNAC on the joint creation of a
new series of long-range planes will bring cooperation between the two
countries in the aircraft industry to a completely different level,”
UNAC CEO Mikhail Pogosyan said, according to the statement.

The memorandum on cooperation was the result of two years of
consultations between Russian and Chinese experts.

The new project will be one of the largest international collaborations
in the aircraft industry, as well as in the hi-tech fields of both
countries. The new plane is expected to eventually occupy a significant
share of the international market.

A Russian delegation led by President Vladimir Putin arrived in
China on Tuesday for an official visit that was expected to result
in the signing of a large number of documents, including bilateral,
intergovernmental, inter-departmental and corporate agreements.

http://en.ria.ru/russia/20140520/189969386/Russian-Chinese-Companies-Agree-to-Build-Joint-Long-Range.html

Nikol Pashinyan Advises Hovik Abrahamyan To Grow Tomatoes And Galust

NIKOL PASHINYAN ADVISES HOVIK ABRAHAMYAN TO GROW TOMATOES AND GALUST SAHAKYAN TO FIND A JOB AT A KINDERGARTEN

by Tatevik Shahunyan

Wednesday, May 21, 19:29

Two years after Armenian President Serzh Sargsyan stressed the need
to separate entrepreneurship from the power, the country has a new
government, which includes at least 5 people ranked among the top 20
wealthy people in the country, with Prime Minister Hovik Abrahamyan
and Finance Minister Gagik Khachatryan among the top three, opposition
MP Nikol Pashinyan said in Parliament when discussing the Government’s
new programme on May 21.

To prove his statement, Pashinyan said, “Over the years of
independence, Hovik Abrahamyan held state positions almost constantly
and, therefore, has become one of the wealthiest people in the
country. Thousands of hectares of plots, gas and petroleum filling
stations, hotels, plants, mansions and so on and so forth. At least 2
storeys in each building in the center of Yerevan belong to him. The
property declared by David Haroutyunyan is so much that one can think
he has been working as an estate agent all this time, not an official.

Economy Minister Karen Tchshmarityan is also engaged in an offshore
scandal. He has opened a company in the offshore zone and built the
Golden Palace hotel”. Pashinyan qualified the Government’s program
as a business plan of the oligarchs.

As regards Finance Minister Gagik Khachatryan, Pashinyan said that
Khachatryan’s name features in almost every company: Ucom, Megaphone,
Megasport, Megafood, etc. “They are speaking about corruption from
morning till night, they stress the need to combat corruption. But
what is corruption? Corruption is Hovik Abrahamyan, who was a minister
of territorial administration for many years and at the same time
coordinated the agrarian sector and received 1.2 mln USD income from
agriculture, while thousands of farmers were bending under the burden
of loans and leaving the country. After Ucom was founded, the State
Revenue Committee “suddenly” refused ArmenTel’s services and started
using the services of Ucom. Gagik Khachatryan says he has nothing
to do with it, because the agreement was signed by the head of the
Staff of the State Revenue Committee. What does it mean? The head
of the Staff signed it, but the head of the Committee was unaware of
it! Ucom belongs to Khachatryan, but he says it belongs to his nephew.

Another company belongs to another nephew”, said Pashinyan.

“The Government mentions in its program that it is necessary to form
a national brand. One shouldn’t do it, because as long as we have
this government and Serzh Sargsyan as President, we can have only
one brand – corruption!!!” he said.

Pashinyan added, “Today I have asked Hovik Abrahamyan how he earned his
millions, and he has replied that he used to be engaged in farming. So,
you were engaged in farming and held a state position at the same
time. Let’s look at the results. The result of your activity as a
state official is that the country is on the brink of collapse, the
country faces 32.5% poverty and large-scale migration. The result
of your farming is millions. So, you are better at growing tomatoes
and you’d better keep on growing tomatoes”. Pashinyan also made a
statement regarding Speaker of Armenian Parliament Galust Sahakyan.

“When I was asking a question, Mr. Sahakyan told me “not to be
naughty”. Mr. Sahakyan, if you are not good at choosing words
and combining them, it gives you no right to make yourself
at a kindergarten. If you keep behaving this way, we’ll take
relevant measures. We have a good experience in educating
pseudo-kindergarteners”, he said.

http://www.arminfo.am/index.cfm?objectid=BC91D0A0-E0FC-11E3-AF2A0EB7C0D21663

BAKU: Political Will Needed For Settling Nagorno-Karabakh Conflict:

POLITICAL WILL NEEDED FOR SETTLING NAGORNO-KARABAKH CONFLICT: EU

AzerNews, Azerbaijan
May 21 2014

21 May 2014, 18:50 (GMT+05:00)
By Jamila Babayeva

The European Union (EU) has made constant efforts at the level of
official and parliamentary diplomacy to settle the Nagorno-Karabakh
conflict, an EU official said.

The remarks were made by Head of the EU delegation to Armenia Traian
Hristea at public discussions titled “EU Enlargement 10th Anniversary”
in Yerevan on May 21, the Armenian media reported.

Hristea believes that the conflict must be resolved within the working
scope of the OSCE Minsk Group.

“At the same time, I have to stress the support of the EU which tries
to secure a climate of trust. But a political will is needed for the
settlement of the conflict,” he noted.

Earlier, Head of the EU’s Baku office Malena Mard said even though
the EU is not an OSCE member, EU representatives have repeatedly
expressed their intention to contribute to the rapid settlement of
the Nagorno-Karabakh conflict.

Saying that maintaining the status quo is in the interests of neither
Azerbaijan nor Armenia, Mard called it “unacceptable”.

“The EU supports a rapid settlement of the conflict,” she told the
media on May 21.

For over two decades, Azerbaijan and Armenia have been locked in the
conflict which impedes the development of the region, because Armenia
continues its policy of aggression.

Since a lengthy war in the early 1990s that displaced over one
million Azerbaijanis, the Armenian armed forces have occupied over
20 percent of Azerbaijan’s internationally recognized territory,
including Nagorno-Karabakh and seven adjacent regions.

The UN Security Council’s four resolutions on Armenia’s withdrawal
have not been enforced to this day.

Peace talks, mediated by Russia, France and the U.S. through the
OSCE Minsk Group are underway on the basis of a peaceful outline
-called Madrid Principle -proposed by the Minsk Group co-chairs. The
negotiations have been largely fruitless so far.

NATO, Armenia Reaffirm Commitment To Partnership

NATO, ARMENIA REAFFIRM COMMITMENT TO PARTNERSHIP

RTT News
May 21 2014

5/20/2014 5:58 PM ET

NATO Secretary General Anders Fogh Rasmussen on Tuesday thanked
Armenia’s Foreign Minister Edward Nalbandian and Defense Minister
Seyran Ohanyan for their country’s steadfast contribution to the
Alliance’s KFOR operation in Kosovo and to ISAF, as well as for its
commitment to contribute to the Alliance’s Resolute Support mission
in Afghanistan post-2014.

Visiting NATO Headquarters in Brussels, the two Ministers also met
with the North Atlantic Council for an exchange of views on Armenia’s
cooperation with the Alliance and regional security.

Rasmussen commended Armenia for the start of a new cycle of the
Individual Partnership Action Plan agreed with NATO and welcomed the
efforts towards more transparency and accountability in the defense
and security sector.

Both sides stressed their commitment to continue developing a strong
partnership. Armenia has been a NATO partner for 20 years and over
the two last decades. Besides, Armenia and NATO have developed a
solid political dialogue and a broad range of civilian and military
areas of cooperation.

http://www.rttnews.com/2325169/nato-armenia-reaffirm-commitment-to-partnership.aspx?type=msgn&utm_source=google&utm_campaign=sitemap

ANKARA: Genocide: Some Legal Considerations

GENOCIDE: SOME LEGAL CONSIDERATIONS

Today’s Zaman, Turkey
May 20 2014

by Halil Göksan*

Genocide, Armenia and Turkey: some legal considerations

Once upon a time, a man came across a hangman and asked him how he
could live with the burden of being responsible for the deaths of
hundreds of people.

The hangman replied quite easily: “Why would I be responsible? I just
execute orders. It’s up to the judges to feel guilty.” Then, the man
goes to see a judge and asks the same question. The judge replies:
“Why would I be responsible? I only apply the rules.”

In my view, that’s the best part of being a judge or a jurist,
neutrality. That’s what I’ll channel in the following paragraphs
regarding the issue between Armenia and Turkey. I think that one cannot
absolutely defend any aspect of what was done to the Armenian people
a century ago. However, qualifying these events as genocide is, first
of all, a juridical question. In this regard, I’ll try to present to
you how international law and the judgments of international tribunals
stand on this matter.

So, we will analyze this issue by referring to the following judgments:
â~@¢The Supreme Court of Switzerland’s (TF, Tribunal Fédéral in
French) decision in the Perincek case â~@¢The European Court of Human
Rights’ (ECtHR) judgment on Perincek v.

Switzerland (Dec. 17, 2013) â~@¢The International Court of Justice
(ICJ) in the case concerning the Application of the Convention on the
Prevention and Punishment of the Crime of Genocide between Bosnia
and Herzegovina and Serbia and Montenegro (Feb. 26, 2007) â~@¢The
jurisprudence of the International Criminal Tribunal for the former
Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda
(ICTR)

Judgments of the Swiss Supreme Court and ECtHR in Perincek
v. Switzerland

As the ECtHR underlined, genocide is, first of all, a well-defined
term in law. (§ 116) It is therefore necessary to refer straightaway
to this definition before even getting into historical facts. In this
regard, the ECtHR and the TF share the same view, saying that it
is not for the courts to settle historical facts. In order to make
this judgment, the TF said it is necessary to see whether there is
a consensus within the community to qualify the events of 1915 as
“genocide,” similar to the consensus about the Holocaust. (§ 3.4.3)
On this point, the TF emphasizes the existence of a consensus that
considers the atrocities of 1915-1917 as genocide, and it provides a
good number of arguments. (§ 4.2, 4.3, 4.4, 4.5) Then, it bases its
decision on the existence of such a consensus within the international
community.

At this point, the ECtHR accepts that it is primarily for national
authorities to enforce national laws, but it considers it appropriate
to clarify the term “consensus” used by the TF and it distinguishes its
view from the TF. (§ 114) The court said it would be highly difficult
to speak of a “general consensus” in this regard. (§ 115) It also adds
that there are “only 20 states [out of more than 190 in the world]
who have officially recognized Armenian genocide. Additionally, in
some of these cases, like Switzerland, the recognition is not even
from the government of these states, but only from their parliament
or a chamber thereof.” In this respect, in Switzerland, while the
National Council (one chamber of the general assembly) officially
recognized the Armenian genocide, the Federal Council (government)
repeatedly refused to do so.

The ECtHR goes further and emphasizes that “it is doubtful that
there can be a ‘general consensus,’ especially a scientific one, on
events such as those at issue here, since historical research is by
definition controversial and debatable and does not lend itself to
definitive conclusions or objective and absolute truths.” (§ 117)
It adds that the present case is clearly different from the Holocaust.

So, in a fairly clear and reasoned manner, the ECtHR overturned all of
the arguments of the TF and establishes that a “general consensus” does
not exist and it is doubtful that there can even actually be a “general
consensus” in Switzerland or in Europe or within the international
community to describe the atrocities of 1915-1917 as genocide.

What is the legal definition of genocide?

A second important point is to qualify an act as genocide from a
legal point of view.

According to the 1948 Convention on the Prevention and Punishment of
the Crime of Genocide (CPPCG), genocide means “any of the following
acts committed with intent to destroy in whole or in part a national,
ethnical, racial or religious group, as such:

a) Killing members of the group; b) Causing serious bodily or mental
harm to members of the group; c) Deliberately inflicting on the group
conditions of life calculated to bring about its physical destruction;
d) Imposing measures intended to prevent births within the group; e)
Forcibly transferring children of the group to another group.”

Genocide is an extreme crime. In addition to intentionally committing
the serious acts mentioned above, in Article II of the 1948 Convention,
it is also necessary to have special intent (dolus specialis) —
that is to say an extra intention, that is qualified as a special or
specific intent, which is to have the intent to destroy the group
in whole or in part as such. ICJ underlines this point as follows:
“It is not enough that the members of the group are targeted because
they belong to that group, that is because the perpetrator has a
discriminatory intent. Something more is required. The acts listed
in Article II must be done with intent to destroy the group as such
in whole or in part. The words ‘as such’ emphasize that intent to
destroy the protected group.”

(§ 187) This view is also consistent with the jurisprudence of the
ICTY and ICTR.

This means that in order to qualify, from a legal point of view,
the atrocities of 1915-1917 as genocide, it is not only necessary
to establish that there were massacres in the Armenian population,
but it must also be shown that those responsible for these massacres
had the particular and specific intent (dolus specialis) to destroy
Armenians as such. At this point, I as the author would just like to
say that if there was a dolus specialis of genocide, it does not seem
logical that a method such as deportation would be used to destroy
a group in whole or in part.

Therefore, this second point shows that the jurisprudence of several
international courts confirms the very special and unique nature of
the concept of genocide and illustrates how difficult it is to legally
qualify atrocities and massacres or other cruel crimes as genocide.

State responsibility in a case of genocide

Difficulties related to the issue of the 1915-1917 events do not
stop here. A third point concerns the responsibility of Turkey as
the successor state of the Ottoman Empire.

Without getting into all other legal questions on the matter, we will
see directly whether Turkey can be considered responsible for genocide
insofar as we assume the existence of an Armenian genocide. The legal
issue here is whether the criminal acts of some individuals can be
attributed to Turkey or not.

In this regard, the jurisprudence of the ICJ is quite clear and
strict. Within the framework of the Srebrenica genocide, the ICJ,
in its 2007 decision, resumed its jurisprudence established under the
judgment of Nicaragua in 1986 and it again emphasized that there should
be “effective control” of the state over the perpetrators in order to
attribute these acts to the state itself. The court took this position,
taking into account the 1999 decision of the ICTY in the Tadic case,
where the ICTY rejected the jurisprudence of Nicaragua and concluded
that “overall control” was sufficient. As the ICJ has explained,
“the ICTY was not called upon in the Tadic case, nor is it in general
called upon, to rule on questions of state responsibility, since its
jurisdiction is criminal and extends over persons only.”(§ 403)

Therefore, the ICJ concluded that “the ‘overall control’ test is
unsuitable, for it stretches too far, almost to a breaking point,
the connection that must exist between the conduct of a state’s organs
and its international responsibility.”(§ 406).

With these arguments, the ICJ found that Serbia had not committed
genocide (for: 13, against: 2), had not conspired to commit genocide,
nor did it incite the commission of genocide (13-2), nor has it been
complicit in genocide (11-4). As regards the genocide committed in
Srebrenica in July 1995, the court concluded that Serbia only violated
its obligation to prevent genocide (12-3).

Concerning this last point, the court (13-2) added that its conclusion
is enough to satisfy expectations, and the case is not one in which
an order to pay compensation or a direction to provide assurances
and guarantees of non-repetition would be appropriate. Therefore, it
is possible to see quite clearly how complicated it is, from a legal
point of view, for a state to be guilty of having committed genocide.

If we summarize all of these judgments of international tribunals,
first of all, a general consensus to consider the massacres
against the Armenians in 1915 as genocide does not exist and, from
a scientific point of view, it is doubtful that there could be a
consensus to describe the atrocities and massacres of 1915-1917
as genocide. Secondly, even if there was such a consensus from a
policy perspective, since genocide is primarily a legal notion clearly
defined, it would be still necessary to have a legal analysis in order
to qualify atrocities and massacres or other cruel crimes as genocide.

Finally, even if we were legally to consider the massacres against the
Armenians as genocide, from a legal point of view it is impossible to
say that Turkey as a state is responsible for these wrongful acts,
taking into account the position of the ICJ in the framework of the
Srebrenica genocide.

This piece is, in fact, a brief application of the current state of
jurisprudence of international tribunals on the notion of genocide
(ECHR, ICJ, ICTY, ICTR) in respect to the atrocities and massacres
committed against the Armenian people in the years of 1915-1917. All
of this, of course, does not prevent and should absolutely not prevent
Turkey from starting initiatives for peace and reconciliation with
the Armenian people. In addition, the year 2015 could actually be an
opportunity for this kind of gesture, and we just hope that this is
what was in the head of Turkish Prime Minister

Recep Tayyip Erdogan in sending his condolences to the grandchildren
of the Armenians who suffered.

________________________________ *Halil Göksan is doctoral candidate
in international law at the University of Geneva.

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