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 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,” he
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 hundred years, just as they did not in the last 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 not for the fact that several other
high-ranking officials, including President Serge Sarkisian,
Constitutional Court President Gagik Haroutyunyan, Minister of Diaspora
Hranush Hakobyan, 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.
President Sarkisian, 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 would 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 Armenian Diaspora on the
objectives to be pursued for the 100th anniversary of the 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!”
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