Ever since independence in 1991, Armenia’s leaders have
been reluctant to make any concrete demands from Turkey beyond recognition of
the Armenian Genocide.
Only in recent years, Armenian officials have begun to
speak about “the elimination of the consequences of the genocide,” without
specifying the ‘consequences’ and the means for their ‘elimination.’
Earlier this month, however, a major shift was announced
in Armenia’s foreign policy vis-à-vis Turkey, when Aghvan Hovsepyan, the
Prosecutor General of Armenia, called for the return of historic Armenian
territories at an international conference of Armenian lawyers in Yerevan. This
is the first time that a high-ranking Armenian
government official has made such a public demand from
Turkey.
In a lengthy and comprehensive speech, Hovsepyan stated
that the recognition of the Armenian Genocide by various countries is simply a
moral and emotional issue. Calling for a switch to “the legal field,” the
Prosecutor General indicated that “to eliminate the consequences of the
Armenian Genocide” Turkey must “pay compensation to heirs of the Armenian
Genocide, return to the Armenian Church the miraculously still standing
Armenian churches and properties in Turkey, and give back the ‘lost
territories’ to the Republic of Armenia.”
Prosecutor General Hovsepyan insisted that unless
Armenians adopt this bold approach, they will not accomplish any concrete
results in the next one hundred years, just as they did not in the last one
hundred years. He proposed a thorough legal review of all international
agreements regulating Armenia-Turkey relations, from the
Berlin Treaty of 1878 to the signed but not ratified
protocols of 2009. He also declared that the region of Nakhichevan is “an
inseparable part of Armenia, albeit occupied by Azerbaijan.” Hovsepyan urged
the assembled lawyers from around the world to prepare the legal case for
territorial demands from Azerbaijan and Turkey and
present it to the Armenian government for eventual
submission to the International Court of Justice (World Court).
Statements made by a prosecutor general usually do not
carry much weight in international affairs, if it were not for the fact that
several other high-ranking officials, including Pres. Serzh Sargsyan, President
of the Constitutional Court Gagik Haroutyunyan, Minister of Diaspora Hranush
Hakobyan, Armenia’s Minister of Justice Hrair Tovmasyan, and Minister of
Justice of Artsakh (Karabagh) Ararat Tanielyan, also made remarks on restitutive
justice at the lawyers’ conference. It was clear that the Prosecutor General
was the designated spokesman of the Armenian government to articulate its new
tougher line toward Turkey in advance of the Genocide Centennial.
Pres. Sargsyan, using more circumspect language than the
Prosecutor General, told the lawyers’ conclave: “The international recognition
and condemnation of the Armenian Genocide, and elimination of its consequences will
always remain a salient issue. As long as the Armenian State is in existence,
all efforts to deny and send into
oblivion this historical reality will be doomed. This
greatest crime against humanity must be recognized and condemned once and for
all, and first of all, by Turkey itself.”
In keeping with the government’s new policy orientation,
Constitutional Court President Gagik Haroutyunyan announced that a special
committee will be formed to prepare the legal documentation necessary for the
pursuit of Armenian Genocide claims.
At the conclusion of the conference, the participants
issued a joint statement asserting that the priority for Armenian lawyers is
not proving the self-evident facts of the Genocide, but preparing a
comprehensive legal document “to remedy the consequences of the Armenian
Genocide.”
This is a welcome development in terms of arriving at a
consensus between the Armenian government and the Diaspora on the objectives to
be pursued for the 100th anniversary of the Armenian Genocide.
However, in order to move beyond mere emotionally
inspiring statements, the Armenian leaders must take two immediate steps:
1) Withdraw the Armenian government’s signature from the
counter-productive Armenia-Turkey Protocols. On the eve of the Genocide
Centennial, it would be inconceivable to move forward with fruitless efforts to
improve relations with Turkey, while preparing to file a lawsuit for
restitution.
2) Form a team of international law experts to begin
structuring the legal case against Turkey in the World Court and/or the
European Court of Human Rights.
While skeptics may not take seriously the recent policy
pronouncements of the Armenian authorities, the Turkish Foreign Ministry has no
such doubts. Last week, Ankara denounced the Armenian territorial demands, announcing
angrily that “nobody can dare to claim territory from Turkey!”
LOUSSAPATZ THE DAWN [loussapatz.n@gmail.com]
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