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University Of St. Thomas Law School Publishes A New Study By Dadrian

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  • University Of St. Thomas Law School Publishes A New Study By Dadrian

    UNIVERSITY OF ST. THOMAS LAW SCHOOL PUBLISHES A NEW STUDY BY DADRIAN

    http://massispost.com/?p=4070
    August 24th, 2011

    Minneapolis-The latest issue of the Journal of Law and Public Policy
    (vol.5, no.1) contains a new study, in which Prof. Vahakn Dadrian,
    the Zoryan Institute's Director of Genocide Research, analyzes the
    Armenian Genocide in a new context. Titled, "The Armenian Genocide:
    A Review of its Historical, Political, and Legal Aspects," the
    article deals with the historical and political underpinnings of the
    criminality of the Armenian Genocide.

    This extensive article, some 60-pages long, including 118 footnotes,
    is based on official Ottoman-Turkish sources, including several
    issues of Takvim-i Vekâyi, the legal organ of the Ottoman Parliament,
    which documented the post-World War I Military Tribunals prosecuting
    the perpetrators of the Armenian Genocide. Thus, Dadrian anchors
    his documentary analysis on prima facie evidentiary material. That
    material is reinforced by a wealth of corroborative material from the
    official archives of Imperial Germany and Imperial Austria-Hungary,
    Turkey's political and military wartime allies. Dadrian also draws
    on the work of several contemporary Turkish authors.

    "Dadrian's extraordinary command of the languages and the sources
    make him unsurpassed in his ability to reconstruct and analyze the
    fundamental historical, political and legal issues related to the
    study of the Armenian Genocide," remarked K.M. Greg Sarkissian,
    President of the Zoryan Institute.

    A brief review of the pre-genocidal era explores the historical pattern
    of impunity with which the whole gamut of decision-makers, organizers,
    and actual perpetrators of the series of massacres were rewarded. These
    were inflicted upon the Armenian population of the Ottoman Empire in
    the periods of 1894-96, 1903-1904, and in 1909 in Adana. The paramount
    fact of impunity served to underscore the role of the factor of victim
    vulnerability as a major determinant in genocidal decision making. In
    fact, as Dadrian points out, it served to embolden the decision makers
    and implementers of the ensuing World War I genocide.

    Another crucial factor in the unfolding of the wartime scheme of
    genocide was the devastating set of circumstances attending the
    crushing military defeats the Ottomans suffered in the 1912 First
    Balkan War. The anguish, misery, and most particularly the brutality
    of the victorious Christian armies of the Balkan peninsula inflicted
    upon the destitute Muslim masses trying to escape proved to be a major
    detriment in targeting later the vulnerable Armenian population of
    the Ottoman Empire through spasms of delayed revenge. Indeed, a large
    part of the perpetrator groups involved in the World War I Armenian
    cataclysm were dispossesed, bitter, and hateful Muslim refugees of
    the previous Balkan war.

    The Armenian Genocide is depicted in this study as a direct consequence
    of the adoption of a radical ideology, the main architects and
    implementers of which were the leadership cadres of these massive
    clusters of Balkan refugees.

    Among the range of factors facilitating the actual enactment of the
    Genocide is the factor of opportunity. Given the complex nature of
    the crime of genocide, the author maintains that optimal success
    in the organization of the crime requires optimal opportunism. Not
    only the leeways and resources of the perpetrator are to be the least
    restrained, but, equally important, the vulnerability of the targeted
    victim is to be at a fairly high level. Wars, especially global wars,
    tend in this respect to afford almost maximal opportunities. Wartime
    exigencies tend, as a rule, to not only maximize the vulnerability
    of the victim group that is constrained through its minority status,
    but at the same time complicate and often constrain the problem of
    outside intervention in favour of the targeted victim.

    Wars are especially suitable avenues of opportunism on account of the
    rise to instrumental prominence of the military cadres of a potential
    perpetrator camp. Through them, violence is not only concentrated among
    experts, but even more important, such violence has per tradition,
    the sanction of quasi-legitimacy, if not full legitimacy, in the
    application of lethal violence against targets defined by legitimate
    authority as "internal foes." It is a notable fact that the two
    major genocides of the last century, the Armenian and the Jewish,
    were consummated during two global wars.

    One of the most outstanding features of the Armenian Genocide involves
    its economic dimensions, through which a massive transfer of wealth,
    from the victim to the perpetrator, took place. In this sense, the
    genocide emerges here doubly functional. The physical elimination
    of the victim population ends up yielding the emergence of a new
    source of wealth, and with it new cadres of wealthy classes in the
    perpetrator camp. In the section on Expropriation & Confiscation
    of Goods and Assets, the author documents and analyzes with ample
    source-material the specifics of this lethal operation of transfer
    of wealth from the victim to the perpetrator.

    The entire essay instructively ends with an evocation of the
    paramountcy of law as a regulator of human conduct, and as such as a
    humanizing ingredient of civil life. It invokes Aristotle's dictum
    that: "When separated from law and justice, man is the worst of
    all animals."

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