U.S. RECOGNIZED ARMENIAN GENOCIDE IN 1951, WORLD COURT DOCUMENT REVEALS

Armenian Genocide

U.S. RECOGNIZED ARMENIAN GENOCIDE IN 1951, WORLD COURT DOCUMENT REVEALS

While President Bush and several of his predecessors have avoided characterizing the organized mass killings of Armenians in 1915 as genocide, it has recently come to light that 57 years ago the United States government officially recognized the Armenian Genocide in a document submitted to the International Court of Justice (ICJ), also known as the World Court.

This half a century old reference to the Armenian Genocide was discovered by Prof. William A. Schabas who posted it on the website “PhD Studies in Human Rights,” on June 4, 2008. Prof. Schabas, a world renown expert on genocide and international law, is director of The Irish Center for Human Rights at the National University of Ireland, Galway.

This document, filed by the Government of the United States with ICJ, is included in the May 28, 1951 ICJ Report titled: “Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide.”

The specific reference to the Armenian Genocide appears on page 25 of the ICJ Report: “The Genocide Convention resulted from the inhuman and barbarous practices which prevailed in certain countries prior to and during World War II, when entire religious, racial and national minority groups were threatened with and subjected to deliberate extermination. The practice of genocide has occurred throughout human history. The Roman persecution of the Christians, the Turkish massacres of Armenians, the extermination of millions of Jews and Poles by the Nazis are outstanding examples of the crime of genocide.”

This is a very significant statement as it was made by the American government of that time with the sole intent of telling the truth, without taking into account any political or other considerations. Neither Armenians nor Turks had lobbied for or against the U.S. statement. In other words, it was simply made on the basis of historical facts.

How different is the situation today when the White House readily caves in to threats and pressures from the Turkish government to prevent the House of Representatives from passing a commemorative resolution on the Armenian Genocide!

Now that this critical filing by the United States government before the International Court of Justice has been discovered, it is no longer necessary to exert excessive efforts to try and reaffirm the facts of the Armenian Genocide by the U.S. Congress, particularly since the House of Representatives adopted Resolutions 247 and 148 in 1975 and 1984 respectively, to commemorate the Armenian Genocide.

Furthermore, there is no particular reason to insist that the next President of the United States acknowledge the Armenian Genocide since President Ronald Reagan, back on April 22, 1981, issued Presidential Proclamation Number 4838 which stated: “Like the genocide of the Armenians before it, and the genocide of the Cambodians which followed it – and like too many other such persecutions of too many other peoples – the lessons of the Holocaust must never be forgotten.”

Of course, should an elected official issue a statement reaffirming the facts of the Armenian Genocide, such an acknowledgment would be most welcome by Armenians worldwide. On the other hand, should a public official either deny or refuse to acknowledge the Armenian Genocide, Armenian-Americans would have good reason not to support his or her election.

Regardless of whether one agrees with Pres. Reagan’s politics, most people acknowledge that he was a man of principle. His successors – Presidents George H.W. Bush, Bill Clinton and George W. Bush – failed to display such moral leadership. During their presidential campaigns, they misled voters by pledging to acknowledge the Armenian Genocide, and broke their promises after the election. These three recent U.S. presidents went far beyond not keeping their word; they did everything in their power to prevent the adoption of congressional resolutions on the Armenian Genocide. The names of these infamous denialists should be etched in perpetuity on a special “Wall of Shame,” so future generations will not forget their reprehensible behavior.

On the basis of the official statement submitted by the Government of the United States to the World Court in 1951, combined with the two House resolutions adopted in 1975 and 1984, Pres. Reagan’s 1981 Proclamation, and resolutions adopted by more than forty U.S. states and hundreds of U.S. cities, Armenians should now classify the United States among the more than 20 countries that have officially recognized the Armenian Genocide.

All those who claim that the United States has not recognized the Armenian Genocide are misrepresenting the U.S. government’s clear record on this issue.

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YUKARIDAKI GORUSE KARSI OLAYLAR: LUTFEN INCELEYIN ..  TF

Issues to consider: 

Is the statement quoted from the document the Armenians found inconsistent with the reservation the United States filed to the convention?  I think it is.

Timing and sequence is important to put this document in context, when did the U.S. ratify/accede to the Convention and when did the U.S. file its reservations?  If it was done after this document was filed with the ICJ, it could be that the U.S. came into possession of additional documents that resulted in a change of policy.  Besides, we still have this document from the British archives about the position of the U.S. with respect to evidence re war crimes–

……………………………………………………………………..
British Archives: PRO—F.O. 371/6500/ E.6311
Foreign Office to Geddes
Telegram no 775, dated June 16, 1921

The British Foreign Office forwarded to Washington a list of the names and brief particulars of 45 Turkish deportees “who are being detained in Malta with a view of trial in connection with the alleged outrages perpetrated on Armenians and other native Christians.” And requested again Sir A. Geddes “to ascertain as early as possible whether the United States Government can furnish evidence against any of these persons.”

……………………………………………………………..

British Archives: PRO—F. 0. 371/6504/E.8515
R.C. Craigie, British Charge d’Affairs at Washington, to Lord Curzon,
Telegram No 722 of July 13, 1921
On July 13, 1921, the British Embassy in Washington replied as follows:

“I have the honor to inform your Lordship that a member of my staff visited the State Department yesterday in regard to the Turks who are at the present being detained in Malta with a view to trial. He was permitted to see a selection of reports from the United States consuls on the subject of the atrocities committed on the Armenians during the recent war. These reports, judged by the State Department to be the most useful for the purpose of His Majesty’s government, being chosen from among several hundreds.

I regret to inform your Lordship that there was nothing therein which could be used as evidence against the Turks who are being detained for trial in Malta. The reports seen made mention of only two names of the Turkish officials in question—those of Sabit bey and Suleyman Faik Pasha — and even in these cases the accounts given were confined to the personal opinions of the writers; no concrete facts being given which could constitute satisfactory incriminating evidence.

Department of State expressed the wish that no information supplied by them in this connection should be employed in a court of law. Having regard to this stipulation, and the fact that the reports in the possession of the Department of State do not appear in any case to contain evidence against these Turks which would be useful even for the purpose of corroborating information already in possession of H. Majesty’s government.

I believe nothing is to be hoped from addressing any further inquiries to the Department of State in this matter.”

United States of America

Reservations:

“(1) That with reference to article IX of the Convention, before any dispute to which the United States is a party may be submitted to the jurisdiction of the International Court of Justice under this article, the specific consent of the United States is required in each case.

(2) That nothing in the Convention requires or authorizes legislation or other action by the United States of America prohibited by the Constitution of the United States as interpreted by the United States.”

Understandings:

“(1) That the term `intent to destroy, in whole or in part, a national, ethnical, racial, or religious group as such’ appearing in article II means the specific intent to destroy, in whole or in substantial part, a national, ethnical, racial or religious group as such by the acts specified in article II.

(2) That the term `mental harm’ in article II (b) means permanent impairment of mental faculties through drugs, torture or similar techniques.

(3) That the pledge to grant extradition in accordance with a state’s laws and treaties in force found in article VII extends only to acts which are criminal under the laws of both the requesting and the requested state and nothing in article VI affects the right of any state to bring to trial before its own tribunals any of its nationals for acts committed outside a state.

(4) That acts in the course of armed conflicts committed without the specific intent required by article II are not sufficient to constitute genocide as defined by this Convention.

(5) That with regard to the reference to an international penal tribunal in article VI of the Convention, the United States declares that it reserves the right to effect its participation in any such tribunal only by a treaty entered into specifically for that purpose with the advice and consent of the Senate.”

      AZG Armenian Daily #112, 13/06/2008

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