ERMENI TEHCIRI YUSUF HALAOLU PDF

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To browse Academia. Skip to main content. By using our site, you agree to our collection of information through the use of cookies. To learn more, view our Privacy Policy. Log In Sign Up. Seher Balikcioglu. In this context, all the relevant international legal instruments, in particular, the Genocide Convention of , are examined. It is obvious that by distorting the historical facts, one can achieve an exclusively different outcome in the legal dimension.

Thus, it has to be explicitly expressed here that it is not in the scope of this study to scrutinize the historical facts to illustrate the asymmetries between the narratives of both Armenians and Turks. In this respect, the legal analyses are based on the Turkish side of the story.

Accusing Turkey of having committed genocide against the Armenians or qualifying the relocation as genocide, without even a fair trial, is merely a violation of international law. Pursuant to the Genocide Convention of , the relevant courts are assigned to convict on charges of genocide. Consequently, historians, politicians, journalists even jurists do not have the final say regarding the conceptualization of the relocation since it is a legal term.

Despite the general principle of non-retroactivity, which prohibits the application of the Convention on the events that took place prior to the related Convention, this study claims that if the convention were to be implemented, the relocation of Armenians would not constitute the crime of genocide.

Moreover, under the current international criminal law the relocation of Armenians could not be qualified as crime against humanity or even a war crime. For it was the military imperatives forced the Ottoman State to make the relocation decision. The Period Before The Relocation…………………………………………… The Origins of The Armenian Question …………………………….. The Anglo-Russian Rivalship……………………… The Revolutionary Organizations……………………………………………..

The Armenian Insurrection in Van……………………………………………17 1. The Relocation And Resettlement Armenian Losses…………………………………………………………… The Joint Declaration………………… The Malta Trials………………………………………………………… The End of The War…………………………………………………………….

The Definition of Genocide…………. The Peace Treaty of Westphalia………. The Emergence of The Term Genocide……………… The Nazi Violence ……………… The Convention On Genocide………………….. The Elements of The Crime of Genocide…………………………… State Responsibility……………………………………………………. Retroactivity Problem………………………. Examples of Forced Migration …………………………………………………63 3.

A Brief History of Genocide in Rwanda …………………………………… Srebrenica Genocide……………………. Further, to expect legal or quasi legal verdicts- as a declaration for genocide would be — from political bodies is contrary to the principle of the separation of powers, which Montesquieu discerned to be the very foundation not only for democracy, but also of civilized, decent government.

In other words, political bodies should not be in a position to interfere with legal processes, nor, I may add, with history or science in general. Coping with a multifaceted issue compels a unique approach in order to examine a certain aspect of the matter. Since historical, political, legal as well as psychological angles might be highly intertwined as in the case of the Armenian Question.

Consequently, though the aim of the thesis is to analyze the incidents through the lens of international law, one should bear in mind the hardness of a clear- cut judicial concept concerning one of the most contentious issues facing Turkey.

That said, a brief introduction on past events will be penned. In a similar manner, it is not the aim of the study either to attest that no Armenian had been killed during the First World War or to blow out of proportion what had occurred to Turkish subjects of the Ottoman Empire.

Thus, I am of the opinion that it is not logical to push the limits, as large quantities of voluminous books have been published, in particular by the Turkish Historical Society. In this sense, international regulations and their progress will be pointed out,6 especially The United Nations Convention on Genocide.

Armenian History and The Question of Genocide. The U. Beside the lacuna in the literature, there are few published studies looking at the legal feature of the incidents. Accordingly, writing a report on this account would be more beneficial not only for the Turkish citizens, but also to the wider academic circles and researchers throughout the world. As I have already emphasized, being aware of the lack of literature and research in the legal dimension of the alleged genocide of Armenians caused me great concern at the very commencement of this tiresome process.

In the first chapter, a historical overview of the relocation of Armenians is handled. Ending treaties of the First World War and their validity in terms of international law are analyzed in the second chapter. Finally, in the last chapter, the Law of Genocide is scrutinized. I should clarify that even though the titles of the chapters give the impression of certainty, there is no strict dividing method applied.

As International Law is the focal point of my research in every chapter, if necessary interpretations are made to link the stages. Yet, as the 19th century progressed, the conditions commenced to shift in an adverse way.

This led to the decision of the relocation of Armenians. The change began with the Russian conquest of the Caucasus in the first quarter of the nineteenth century, and the creation of a Russian Armenia on the eastern border of Turkey, where the Armenian Church established and recognized and where Armenian governors and generals ruled provinces and commanded armies.

The Emergence of Modern Turkey. New York: Oxford University Press, The subsequent besieges of the Russians on the Ottoman soil forged ahead unabatedly. With this treaty, The Catholicos of Echmiadzin as well as the Armenians living under Iranian rule were brought under the rule of Russia.

At the end of the Russo-Turkish war of Georgia became part of Russia. Thus the Russians had the entire Caucasus.

In this context, the Armenian Catholics were reorganized as a separate community for the first time in by the efforts of France The Patriarchate first constituted in Adana later moved to Istanbul. The Armenian File. The efforts gave fruit and in , the Protestant Armenians became a separate community. Following the conquest of the Balkans, some of the Orthodox Christians converted to Islam voluntarily - that is to say, without being forced or intimidated. Beside this, Islamic society was conventionally based on equal rights.

Consequently, those states had certain privileges. At first, it was romantic. Yet, with the movements of social Darwinism, racialism and militarism, the nationalist movement transformed itself accordingly and became 22 more radicalized.

Therefore, the uprisings in the Ottoman State that caused the independence of non-Muslim communities one by one should be analyzed in the above-mentioned context as well.

The Great War and Tragedy of Anatolia. The Armenian Question. Hence, they exerted several methods, such as human rights issues, promises of autonomy. The history proved that those avowals were bogus since the Great Powers were interested in the lands of the Ottoman state rather than in the rights of minorities, as clarified by Salahi Sonyel. The Russians were doubtful of British policy and thought that Britain was acting to coax the Orthodox Armenians. The Revolutionary Organizations In reality, up to the Russian-Turkish War of there had hardly been any questions regarding the Armenians.

The Armenians served as pashas, deputies, ambassadors. British Ducuments on Ottoman Armenians. Volume IV. The Story of One of them was the Revolutionary Armenakan Party which was set up in Van at the end of The branches of those parties were opened up in several parts of Anatolia then began their operations. Even though The Patriarch was praying for the victory of the Ottoman State, the Catholicos rigorously criticized those prayers.

However, the committees of Istanbul, namely Dashnak, Hunchak proclaimed their adherence to the State, as expressed by Esat Uras. Zavriev, member of the Dashnak Party, in charge of foreign relations since the onset of the First World War. Zavriev negotiated with Voronstsov-Dashkov, the Governor- General of Transcaucasia, and promised him on behalf of the Dashnak Party and the Turkish Armenians that the Armenian people on both sides of the border would provide the Russians with support and help when they entered into war with Turkey.

He further assured the governor-general that the resources of the Dashnaktsutyun Party would be at his service […]36 Esat Uras points out that the decision to fight against the Ottoman State had been agreed long before the relocation of the Armenians. Thus, the Turkish side had the right of self-defence not the Armenian one.

Some of the Armenian authors advocate that the emergence of the Armenian Committees amplified to protect the Anatolian Armenians. It is clear that those claims are being put forward in order to justify the activities of those committees throughout Anatolia.

Erickson asserts; Prior to , most of the Great Powers supported or tolerated Armenian activities to some extent. Russia and Bulgaria, in particular, encouraged and supported the Armenian revolutionary committees by allowing them to operate freely within their respective territories. It was from these countries that most of the illegal weapons smuggling into the Ottoman Empire originated.

When the war started, Russia, France and the UK all supported the efforts of the Armenians to rebel against the Ottomans. Russia bore the heaviest role by actively raising Armenian regiments for its army and then using them to invade the Ottoman lands.

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