New York Times Spins Lemkin’s Work on Genocide

Jan 23 2024
Raphael Lemkin’s application of the term genocide to the Ottoman Turk’s systematic mass slaughter of the Armenians predated the Holocaust, write Mischa Geracoulis and Heidi Boghosian.

By Mischa Geracoulis and Heidi Boghosian
Common Dreams

On Jan. 11, The New York Times published an article by Isabel Kershner and John Eligon titled “At World Court, Israel to Confront Accusations of Genocide.” 

From the standpoint of critical media literacy and ethical journalistic practices, the article exhibits framing biases, historical and contextual omissions and overly simplistic reasoning that attempts to explain why “Israel has categorically rejected the allegations being brought this week in the International Court of Justice by South Africa.” 

We assert that this editorial spin does a disservice to journalism and adds to a faulty record that enables human rights violators.

The overall tone is in lockstep with corporate media’s bias toward Israel — a bias credibly substantiated by the likes of the Lemkin Institute for the Prevention of Genocide, The InterceptThe GuardianMint Press News and Common Dreams. While multiple aspects of the article are troublesome, the third sentence provoked our immediate response letter to The New York Times. That sentence is as follows.

“Genocide, the term first employed by a Polish lawyer of Jewish descent in 1944 to describe the Nazis’ systematic murder of about six million Jews and others based on their ethnicity, is among the most serious crimes of which a country can be accused.”

Raphael Lemkin, who coined the word “genocide” on Sept. 12, 1948. (UN Photo)

Days later, echoing a similar mischaracterization of Raphael Lemkin’s work, USA Today published a piece by Noa Tisby titled, “Is Israel guilty of genocide in Gaza? Why the accusation at the UN is unfounded” (Jan. 16). 

Tisby’s article, like that of Kershner and Eligon, amended the breadth and depth of Lemkin’s work to accommodate a particular narrative.

Considering The New York Times’ reputation as a leading U.S. paper of record, the need for public correction therein took precedence over the op-ed in USA Today. Hence, our letter:

“As two Armenian Americans who grew up in the shadow of the 20th century’s first genocide, an attorney and a media expert respectively, we found critical context lacking in ‘At World Court, Israel to Confront Accusations of Genocide,’ by Isabel Kershner and John Eligon (January 11). Any discussion of genocide and Raphael Lemkin is grossly incomplete without citing how the Armenian genocide informed the Polish-Jewish lawyer’s noble work.

Lemkin (b. 1900), while a university student in the 1920s, learned of the Ottoman Turk’s coordinated mass slaughter of Armenians that culminated in 1915. The extermination of Armenians informed Lemkin’s life mission to establish international laws and treaties making genocide a punishable offense. In 1944, Lemkin finally named that crime genocide. 

This article implies that Lemkin advocated solely for the Jewish cause. A humanitarian first, Lemkin sought to establish protections for all people. For example, he worked with Algerians who sought to hold accountable their colonizers for crimes against humanity.

The Armenian Genocide impelled Lemkin to action. Absent this historical context, the article reinforces the Israeli government’s illogical claim that Jewish people are the sole victims of genocide. South Africa’s charge that the Israeli government is engaging in genocide reflects Lemkin’s commitment to the denunciation of the crime irrespective of ethnicity.”

The New York Times ignored our letter.

Oversimplifying Lemkin’s endeavors does a shameful disservice to his legacy. Such a decontextualized presentation edits out the foundation of his body of work and contracts the character of his mission.

It ignores the events that prompted and preoccupied his thinking on international discourse toward establishing laws against the crime that he came to term “genocide.” 

Lemkin was horrified that the Ottoman Turkish government could kill its own citizens — albeit “dhimmi,” or second-class citizens — with impunity. 

His application of the term genocide to the Ottoman Turk’s systematic mass slaughter of the Armenians predated the Holocaust. Years later, as a formidable advisor to prosecutors at the Nuremberg Trials, Lemkin drew conclusive parallels to the Nazis’ genocidal massacre of Europe’s Jewish citizens.

Editing the Armenian Genocide from Lemkin’s life work has contemporary and historical implications. In light of increasing attacks by a radicalized right-wing contingency in Israel on Jerusalem’s Armenians, deleting the Armenians from current reporting sets a dangerous tone for Armenians living under current threat. 

The Lemkin Institute for Genocide Prevention has featured articles on Armenphobia and on the Armenians’ right to exist, and has issued statements of concern over recent attacks on the Armenian Quarter of Jerusalem.

Jerusalem’s Armenians, or “East Jerusalemites” as they are designated by the Israeli government, like other Palestinians, live in a system that privileges Israel’s Jewish population. 

Hostilities from Jewish fundamentalists toward Armenians in Jerusalem are nothing new. However, the level and frequency of aggressions have intensified thanks to Netanyahu’s far-right government which has energized and normalized them. 

With attention concentrated on Gaza, Israeli extremists are free to act without fear of consequences. The Lemkin Institute explained that this can be “viewed as another attempt by Israeli extremists to create a homogenized Jewish ethnostate in the Palestinian territories.”

The New York Times article’s abridged version of Lemkin’s work emboldens those who continue to deny that the 1915 Armenian Genocide occurred. To selectively invoke Lemkin’s work on genocide as a defense against the charges brought against Israel banks on the idea that public memory is short. 

A well-worn quote reported by A.P.’s Berlin bureau chief, Louis Lochner, from a speech given by Hitler to his military generals before the 1939 Nazi invasion of Poland rhetorically asked, “Who today, after all, remembers the annihilation of the Armenians?” 

With hot wars blazing and existential alarms blasting, we not only remember the Armenians but uphold this New York Times article as a cautionary tale that words matter.

Mischa Geracoulis is a media literacy expert, writer and educator, serving as Project Censored’s curriculum development coordinator, and on the editorial boards of the Censored Press and The Markaz Review.

Heidi Boghosian is an attorney and is the executive director of the A.J. Muste Memorial Institute. Previously she was the executive director of the National Lawyers Guild, a progressive bar association established in 1937, where she oversaw the legal defense of people targeted by government. She also co-hosts the weekly civil liberties radio show “Law and Disorder,” which is based out of Pacifica Radio’s WBAI, New York, and is broadcast to more than 25 states on over 60 nationally affiliated stations.

This article is from  Common Dreams.

Views expressed in this article and may or may not reflect those of Consortium News.

https://consortiumnews.com/2024/01/23/new-york-times-spins-lemkins-work-on-genocide/

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Armenian News Note: The link to the Common Dreams piece is at the link below:
               

Israel’s Cofix enters Armenia with Yerevan store


Jan 26 2024

The value-focused coffee chain and local franchisee Galaxy Group are seeking to open 10 further outlets across the west Asian country within the next 12 months

Israeli fixed-price coffee chain Cofix has entered Armenia with a store at the Yerevan Mall shopping centre. 
 

Cofix and its local master franchisee Galaxy Group are seeking to open a further 10 outlets in Armenia this year, with a 766sq ft flagship site set to open in the capital city Yerevan in February 2024. 


The coffee chain said it will offer a four-tier pricing system in Armenia, with its cheapest beverages costing AMD 600 ($1.49) and the most expensive AMD 1,500 ($3.71). 


“By aligning with strong local partners like Galaxy Group, we ensure that our global growth is grounded in local market understanding and operational excellence. We don't believe in a one-size-fits-all strategy. Our approach is to tailor our presence, ensuring that while Cofix’s core values remain constant, each outlet reflects the local character and preferences. Cofix Armenia exemplifies this approach, and we are excited to bring this unique experience to our guests in Yerevan,” said Shaun Lewis, Chief Operating Officer, Cofix Global. 


Founded in 2013, Cofix now operates more than 400 outlets across Israel, Russia, Kazakhstan, Belarus, Poland, Spain and Armenia.  


Yerevan-based Galaxy Group manages a portfolio of 15 businesses across Armenia, Georgia and Belarus. Its hospitality division includes French bakery chain Paul, premium café SantaFe and local bar-restaurant concept Pahest 33. 


Biden urges US Congress to approve F-16 sale to Turkey ‘without delay’ – Reuters

 11:05,

YEREVAN, JANUARY 25, ARMENPRESS. U.S. President Joe Biden sent a letter to leaders of key Capitol Hill committees on Wednesday informing them of his intention to begin the formal notification process for the sale of Lockheed Martin F-16 aircraft to Turkey once Ankara completes Sweden’s NATO accession process, Reuters reported citing sources.

In the letter to the top Republican and Democratic members of the Senate Foreign Relations and House of Representatives Foreign Affairs committees, Biden urged Congress to approve the sale "without delay," a U.S. official told Reuters.

Earlier on Wednesday the White House sent a letter to members of Congress urging approval of the $20 billion sale of F-16 aircraft and modernization kits to Turkey, four sources familiar with the letter told Reuters.

Turkey's parliament ratified Sweden's NATO membership bid on Tuesday.

The sources said the letter was sent on Wednesday, and that the Biden administration has not yet formally notified Congress of plans for the sale.  Lawmakers had said they were awaiting Turkey's approval of Sweden's NATO membership- including President Tayyip Erdogan's signature – before deciding whether to approve the sale.

Authorities introduce mandatory road safety audit requirement

 11:37,

YEREVAN, JANUARY 25, ARMENPRESS. The Armenian government has introduced mandatory safety audit requirement of roads. The decision was adopted at the January 25 Cabinet meeting.

The government will also introduce an integrated system for road safety data management.

Minister of Territorial Administration and Infrastructures Gnel Sanosyan said that the purpose of the initiative is to increase the level of safety of the road networks, tunnels and reduce possible risks.

The safety audit will be implemented during construction and a year after commissioning. The audit has been used during road construction projects involving international partners, and now it will be implemented in all projects as a mandatory requirement.

Azerbaijan extends Ruben Vardanyan’s jail term

 12:30,

YEREVAN, JANUARY 25, ARMENPRESS. An Azeri court has extended the pre-trial detention of Ruben Vardanyan, the former State Minister of Nagorno-Karabakh, for another four months.

Aurora Humanitarian Initiative co-founder and former State Minister of Nagorno-Karabakh Ruben Vardanyan was arrested by Azerbaijani authorities on September 27, 2023 while en route to Armenia together with tens of thousands of others amid the mass exodus of Armenians from Nagorno-Karabakh. He has been jailed in Azerbaijan since then on fabricated charges of terrorism financing and border trespassing.

Employment reaches record high in Armenia

 13:11,

YEREVAN, JANUARY 25, ARMENPRESS. A ‘historic record’ number of jobs was recorded in Armenia in December 2023, Prime Minister Nikol Pashinyan said at the Cabinet meeting on January 25.

“In December 2023, the number of jobs was 741,726, which is more by 193,737 compared to May of 2018, which means that 193,737 jobs were opened in Armenia since May of 2018,” Pashinyan said.

The December 2023 indicator is 5,3% more compared to December 2022.

Cadastre committee chief highlights ‘legal assessment’ in border delimitation process

 13:13,

YEREVAN, JANUARY 25, ARMENPRESS. The “legal assessment” is the most important part in the delimitation and demarcation process between Armenia and Azerbaijan, according to Cadastre Committee chief Suren Tovmasyan.

“It is only based on the legal assessment that we can say which maps can serve as the basis for carrying out this process,” Tovmasyan told reporters when asked whether or not authorities have updates on which maps will be used in the process. “These works are underway, the Deputy Prime Minister of Armenia is chairing a task force, which includes my deputies, daily work is done,” he said.

Asked to comment on PM Pashinyan’s earlier statement that ‘Armenia never had a [land] cadastre certificate,’ Tovmasyan said that the premier was referring to the fact that the country’s borders are not delimitated or demarcated. “When Armenia’s borders will be demarcated and delimitated, it would mean that Armenia’s borders are documented,” Tovmasyan said.

The Arbitration and Mediation Center of Armenia is forming a new arbitration culture in the country. Tatevik Matinyan

 14:24,

YEREVAN, JANUARY 25, ARMENPRESS. Among the alternative mechanisms of dispute resolution, arbitration is accepted all over the world and is very popular. In May 2023, the Arbitration and Mediation Center of Armenia was opened in Armenia, which is the first and only arbitration center in Armenia having a Board of Trustees and an Arbitration Council, comprised of internationally renowned specialists. We talked with the director of the Center, Tatevik Matinyan, about founding an arbitration center, its goals, the need to spread the arbitration culture, and other topics.

Ms. Matinya, let's talk a little about your professional path, how long have you been in the legal field?

I started working in the legal field in the early 2000s, in parallel with my studies. I mainly worked in human rights NGOs, but one of the best schools for me in terms of gaining experience and improving my skills was the Helsinki Citizens’ Assembly Vanadzor Office, where I was the coordinator of legal programs. There was a team of 18 people under my direct supervision and 3 branches. For me, working in the Assembly was particularly important, because management in the legal field has many nuances.

Of course, I also continued my legal practice during the mentioned period. After receiving the advocate license, I worked for more than 13 years both on domestic and international courts, as a result of which, I also won cases at the European Court of Human Rights, one of which was against Azerbaijan.

In 2022, I went to the University of Stanford to improve my knowledge. Sharing experience at the international level and constantly learning is of great importance in my professional development. I was also the president of the Institute of Liberal Politics, where the nature of my work was again a mix of legal and administrative responsibilities.

In May 2023, when the Arbitration and Mediation Center of Armenia was established, I was appointed the director of this foundation. The existence of such Center is a very important achievement for the legal system of Armenia and for me personally.

Let’s talk about establishing the Arbitration and Mediation Center of Armenia, AMCA.

The establishment of the Arbitration Center in Armenia was planned by the 2019-2023 strategy of judicial reforms in Armenia. In 2021, the Advisory Committee was established, in which local and international renowned and outstanding experts were involved to ensure the comprehensive application of professional approaches during the establishment of the Center. In May 2023, the first decision on the creation of the “Arbitration and Mediation Center of Armenia” foundation was signed by the founders of the Center: The Center for Legislation Development Foundation, the Armenian General Benevolent Union, and the Armenian Bar Association. The EU budget support program has made a significant contribution into the formation of the Center.

The arbitration rules of the Center are based on the International Chamber of Commerce (ICC) Arbitration Rules.

Ms. Matinyan, arbitration and mediation are new concepts for our society. Could you please explain in more detail what arbitration and mediation are?

If we describe it simply and briefly, they are alternative methods of dispute resolution. Arbitration is an effective tool used by individuals and organizations to resolve legal disputes outside of the traditional judicial system. Arbitration offers a faster and more flexible approach where decisions are made by impartial and specialized arbitrators. Mediation is a modern dispute resolution process where a neutral third party, the mediator, helps the parties reach a mutually acceptable agreement through discussion and negotiation. It is widely used in the settlement of family, labor and civil disputes.

The purpose of the Arbitration and Mediation Center of Armenia is to develop the culture of alternative dispute resolution in Armenia, increase the reputation of Armenia as a leading platform for alternative dispute resolution, contribute to reducing the burden on the judicial system, and also provide a more favorable investment environment. The latter is very important, so I will specifically address it. When an individual or an organization from abroad wants to understand how favorable an environment in Armenia is for investments, one of the first things they pay attention to is the existence of an alternative dispute resolution institution. Due to this, the investment rating of the country, so to speak, increases.  

We have international arbitrators by country, by language, by specialization. For example, people living in France or Italy who have a dispute can apply to AMCA, even without being physically present, choose an arbitrator, the law applicable to their dispute, and resolve the dispute. The solution for applying for remote arbitration is quite popular in other countries, and we have already taken the first steps, we are going to implement appropriate technological solutions to create the platform and organize this process effectively.

Why should other countries turn to Armenian arbitration, to AMCA, to resolve their dispute?

We have industry-specialized arbitrators who, being knowledgeable and deeply informed about the client’s industry, conduct arbitration and mediation in a professional and efficient manner. For example, arbitration may be conducted in commercial, construction, mining, energy, telecommunications, investment, information technology, intellectual property, financial banking, corporate, sports, labor and other disputes. The pricing policy is also essential, taking into account the presence of our highly specialized arbitrators and the costs of services, compared to other countries, are more affordable. We are flexible and can also apply the principles of remote arbitration, the parties will not be obliged to be physically present.

Arbitration is completely confidential, but must be visible and transparent in its processes. Our arbitrators are chosen based on their absolute professional and competent principles. Being trustworthy, fast, reliable and professional are the key criteria of our activity. Our goal is to make sure that even the losing party leaves the arbitration satisfied and confident that the whole process was fair.

Mediation is slightly different in nature and both parties should come out with a win-win status. Mediation is also the stage of dispute prevention. It often happens that during the arbitration, the parties understand that they want to settle. Our dispute resolution experience shows that disputes sometimes arise because the parties simply do not talk to each other about their problem.

Can you please describe the sequence of actions involved in arbitration?

In order for the parties to be able to apply for arbitration, an arbitration agreement must be concluded between them, which can be included in the contract itself or by drawing up a separate document in writing.

After submitting the case to us, the applicant must submit a request for arbitration to resolve the dispute at the Center. The arbitration proceedings are considered to have started from the moment that document is received by the Center.

The request for arbitration must include data of the parties to the dispute, present the nature and facts of the dispute, the claim, as well as other information provided by the arbitration rules of the Center. The Center sends the request for arbitration to the respondent, giving up to 30 days to submit a response.

The parties entrusting the handling of the arbitration case to the Center can choose the procedure of examining the case, either through general or expedited procedures. The cases in which the claim exceeds AMD 10 million, or the dispute is of an international nature, are examined in general procedure. Those local cases where the claim does not exceed AMD 10 million are examined through expedited procedure.

The party may submit a petition to the Center to apply an emergency measure, if due to urgent circumstances, before the formation of the Arbitration Tribunal, there is a need to apply a means of securing a claim or securing evidence. When applying to the Center, the parties can choose how many arbitrators will hear the case, giving preference to one or, for example, a three-member arbitration tribunal. In the case of a three-member Arbitration Tribunal, each party chooses one arbitrator, and the latter appoint the presiding arbitrator.

The parties may, in their discretion, agree on the venue of the arbitration and the language to be used in the arbitration. This is followed by the formation stage of the Arbitral Tribunal, when the Arbitration Council of the Center approves the arbitrators nominated by the parties or appoints them if they are not nominated.

Immediately after the formation of the Arbitration Tribunal, the Center delivers the case materials to them and ensures efficient and speedy communication between the Tribunal and the parties.

The Tribunal establishes and approves the protocol of the case investigation with the parties, as well as discusses with them the order of conducting the case by approving a procedural schedule. The Tribunal may conduct hearings, engage experts, question witnesses and perform other necessary actions to establish facts and examine evidence essential to the investigation of the case.

After the described actions have been taken, the Tribunal shall conclude the arbitration proceedings and make an award.

What is the significance of the foundation of AMCA for Armenia?

One of our goals is to contribute to the change of the legal culture and to build trust among the society so that Armenian businessmen make arbitration and mediation an integral part of their activities. On the other hand, we should contribute to increasing the level of trust and awareness towards arbitration centers. Surely, Armenia can be competitive alongside other leading countries as a country that implements independent, impartial and fair arbitration. To make Armenia a desirable platform for arbitration, we have all the prerequisites: high-quality and professional specialists and accessibility in all senses.