Studies in the history of law and justice. 2198-9842 ; 15.
This peer-reviewed book features essays on the Armenian massacres of 1915-1916. It aims to cast light upon the various questions of international law raised by the matter. The answers may help improve international relations in the region. In 1915-1916, roughly a million and a half Armenians were murdered in the territory of the Ottoman Empire, which had been home to them for centuries. Ever since, a dispute between Armenians and Turkey has been ongoing over the qualification of the massacres. The contributors to this volume examine the legal nature and consequences of this event. Their investigation strives to be completely neutral and technical. The essays also look at the broader issue of denial. For instance, in Turkey, public speech on the matter can still trigger criminal prosecution whereas in other European States denial of genocide, war crimes and crimes against humanity is criminalized. However, the European Court of Human Rights views criminal prosecution of denial of the Armenian massacres as unlawful. In addition, one essay considers a state's obligation to remember by looking at lessons learnt from the Inter-American Court of Human Rights. Another contributor looks at a collective right to remember and some ideas to move forward towards a solution. Moreover, the book explores the way the Armenian massacres have affected the relationship between Turkey and the European Union.
Formatted Contents Note
Ch. 1 - Historical Introduction: World War I and the Dynamic of the Armenian Genocide Part I Ch. 2 - The Armenian Massacres as the Murder of a Nation? Ch. 3 - On the Applicability of the Genocide Convention to the Armenian Massacres Ch. 4 - Is Customary Law on the Prohibition to States to Commit Acts of Genocide Applicable to the Armenian Massacres? Part II Ch. 5 - Metz Yeghern and the Origin of International Norms on the Punishment of Crimes Ch. 6 - Armenian Cultural Properties and Cultural Heritage: What Protection under International Law One Hundred Years Later? Ch. 7 - What Reparation for the Descendants of the Victims of the "Armenian Genocide"? Part III Ch. 8 - The Armenian Massacres and the Price of Memory: Impossible to Forget, Forbidden to Remember Ch. 9 - Denying the Armenian Genocide in International and European Law Ch. 10 - Criminalizing the Denial of 1915-1916 Armenian Massacres and the European Court of Human Rights: Perinçek v Switzerland Part IV Ch. 11 - Is the Denial of the Armenian "Genocide" an Obstacle to Turkey's Accession to the EU? Ch. 12 - The European Parliament as the Human Rights Gatekeeper of the Union? Ch. 13 - The Union and the Turkish Recognition of the Armenian "Genocide" in the Broader Framework of the EU External Action: A Tale of Possibilities yet to be Explored.
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