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Radikal, Turkey
Dec 27 2011
Does This Not Even Constitute a Crime Against Humanity?
by Ahmet Insel
Can we not resume the assessment of the incidents that occurred during
the deportation of the Armenians from where it was left off in 1919?
"There is no such genocide in our history. It is impossible for us to
acknowledge it." This statement was reiterated by the Turkish prime
minister in the wake of the French Parliament's approval of the
Armenian bill. This official stand suggests on the one hand: "Let us
open all the archives and have historians decide," and on the other,
"This has never happened."
The notion of genocide did not exist in 1915. As against this, the
term "crime against humanity" was used for the first time in the world
in 1915. On 24 May 1915, France, Britain, and Russia that were at war
against the Ottoman Empire issued a joint declaration:
"For about a month now, the Turkish and Kurdish populations of Armenia
have been massacring the Armenians together with and often with the
assistance of the Ottoman Government's officials. Such massacres took
place towards mid-April in Erzurum, Tercan, Egin, Bitlis, Mus, Sason,
Zeytun, and throughout Kilikya. The entire population of some 100
villages around Van was murdered. The Armenian Quarter in Van is
besieged by Kurds. Furthermore, the Ottoman Government has mistreated
the inoffensive Armenian population in Istanbul. In view of those new
crimes that Turkey committed against humanity and civilization, the
Allied States publicly declare to the Sublime Porte [Bab-i Ali] that
all the members of the Ottoman Government and the officials who were
involved in those massacres will be held personally responsible for
these crimes."
As against this, on 27 May, the Union and Progress [Ittihat ve
Terakki] government passed the Dispatchment and Settlement Law [Sevk
ve Iskan], and on 4 June issued a response to the declaration. The
response claimed that "the measures were in no way against the
Armenians, that the Armenians did nothing that broke the public order,
and that the Armenians were not subjected to general measures of any
kind!" In other words, the Union and Progress government did not say
on 4 June that "the Armenians stabbed us in the back." It did,
however, start to take a close interest in abandoned property
following the protocol of 30 May of the Ottoman Council of Ministers
[Meclis-i Vukela] and the ordinance of 30 May.
The deportation law against the Ottoman Armenians, in other words, the
decision that the Ottoman Government adopted against its own citizens
and implemented in a bloody manner brought about the use of the notion
"crime against humanity" for the first time. Prior to that, the Hague
Convention that was ratified in 1907 used the term "war crime." Later
on, the term "crime against humanity" was defined first in the
foundation statutes of the Nuremberg Trials as massacring,
annihilation, enslavement, deportation... and afterwards they were
defined again in detail in Article 7 of the Rome Statute which
established the International Criminal Court.
In December 1918 war tribunals [Divan-i Harbi Orfi] started to be
established in the Ottoman Empire in order to investigate the Armenian
genocide crimes directly. Certain protocols and decisions of these
tribunals had appeared in the period's newspapers. These were recently
compiled and published by Vahakn Dadrian and Taner Akcam (Deportations
and Killings, Minutes of War Tribunals, Bilgi University Publications,
2008). The evaluations of the prosecutors in the main tribunal case
that was filed against the Union and Progress leaders do not enable
the use of the argument "such incidents never took place in our
history."
In the main case, the incidents are described as follows: "Massacre,
property and money plundering, burning buildings and bodies, rape,
torture, and indecent harassment..." The same assessment appears in
many decisions: "As it is the primary duty of all state officials, the
teachings of Holy I slam and the Ottoman laws and decrees stipulate
that the honour and the persons of citizens of all nations without
discrimination have to be protected, and their property safeguarded,
and the public law has to be protected against all threats and
violations..."
For instance, the accusation against the Bogazliyan District Governor
Kemal is very clear: "In breach of personal law, stripping of their
money and valuables all the people that made up the convoys of
Armenians who were forced to emigrate, including helpless women and
little boys and girls, disregarding the exceptions in the official
orders..." and "allowing the perpetration of atrocities planned and
implemented by tying the hands of the men in order to deprive them of
their right to self-defence." The Yozgat tribunal rules that the
witness testimonies and documents confirm beyond doubt that "he caused
looting and plundering, and killings which do not conform to the
values of humanity or civilization and that are considered major
crimes before the laws of Islam." In addition, the ruling says: it is
established that the accused deems it natural and necessary that all
Muslims carry out massacres against the Armenian nation.
The Bogazliyan district governor who was executed for these crimes was
later declared a national hero!
Can we not resume the assessment of the law of deportation of the
Armenians and the incidents that occurred during the deportations,
from where it was left off in 1919? Did this never take place in our
history either?
[translated from Turkish]
From: Baghdasarian
Dec 27 2011
Does This Not Even Constitute a Crime Against Humanity?
by Ahmet Insel
Can we not resume the assessment of the incidents that occurred during
the deportation of the Armenians from where it was left off in 1919?
"There is no such genocide in our history. It is impossible for us to
acknowledge it." This statement was reiterated by the Turkish prime
minister in the wake of the French Parliament's approval of the
Armenian bill. This official stand suggests on the one hand: "Let us
open all the archives and have historians decide," and on the other,
"This has never happened."
The notion of genocide did not exist in 1915. As against this, the
term "crime against humanity" was used for the first time in the world
in 1915. On 24 May 1915, France, Britain, and Russia that were at war
against the Ottoman Empire issued a joint declaration:
"For about a month now, the Turkish and Kurdish populations of Armenia
have been massacring the Armenians together with and often with the
assistance of the Ottoman Government's officials. Such massacres took
place towards mid-April in Erzurum, Tercan, Egin, Bitlis, Mus, Sason,
Zeytun, and throughout Kilikya. The entire population of some 100
villages around Van was murdered. The Armenian Quarter in Van is
besieged by Kurds. Furthermore, the Ottoman Government has mistreated
the inoffensive Armenian population in Istanbul. In view of those new
crimes that Turkey committed against humanity and civilization, the
Allied States publicly declare to the Sublime Porte [Bab-i Ali] that
all the members of the Ottoman Government and the officials who were
involved in those massacres will be held personally responsible for
these crimes."
As against this, on 27 May, the Union and Progress [Ittihat ve
Terakki] government passed the Dispatchment and Settlement Law [Sevk
ve Iskan], and on 4 June issued a response to the declaration. The
response claimed that "the measures were in no way against the
Armenians, that the Armenians did nothing that broke the public order,
and that the Armenians were not subjected to general measures of any
kind!" In other words, the Union and Progress government did not say
on 4 June that "the Armenians stabbed us in the back." It did,
however, start to take a close interest in abandoned property
following the protocol of 30 May of the Ottoman Council of Ministers
[Meclis-i Vukela] and the ordinance of 30 May.
The deportation law against the Ottoman Armenians, in other words, the
decision that the Ottoman Government adopted against its own citizens
and implemented in a bloody manner brought about the use of the notion
"crime against humanity" for the first time. Prior to that, the Hague
Convention that was ratified in 1907 used the term "war crime." Later
on, the term "crime against humanity" was defined first in the
foundation statutes of the Nuremberg Trials as massacring,
annihilation, enslavement, deportation... and afterwards they were
defined again in detail in Article 7 of the Rome Statute which
established the International Criminal Court.
In December 1918 war tribunals [Divan-i Harbi Orfi] started to be
established in the Ottoman Empire in order to investigate the Armenian
genocide crimes directly. Certain protocols and decisions of these
tribunals had appeared in the period's newspapers. These were recently
compiled and published by Vahakn Dadrian and Taner Akcam (Deportations
and Killings, Minutes of War Tribunals, Bilgi University Publications,
2008). The evaluations of the prosecutors in the main tribunal case
that was filed against the Union and Progress leaders do not enable
the use of the argument "such incidents never took place in our
history."
In the main case, the incidents are described as follows: "Massacre,
property and money plundering, burning buildings and bodies, rape,
torture, and indecent harassment..." The same assessment appears in
many decisions: "As it is the primary duty of all state officials, the
teachings of Holy I slam and the Ottoman laws and decrees stipulate
that the honour and the persons of citizens of all nations without
discrimination have to be protected, and their property safeguarded,
and the public law has to be protected against all threats and
violations..."
For instance, the accusation against the Bogazliyan District Governor
Kemal is very clear: "In breach of personal law, stripping of their
money and valuables all the people that made up the convoys of
Armenians who were forced to emigrate, including helpless women and
little boys and girls, disregarding the exceptions in the official
orders..." and "allowing the perpetration of atrocities planned and
implemented by tying the hands of the men in order to deprive them of
their right to self-defence." The Yozgat tribunal rules that the
witness testimonies and documents confirm beyond doubt that "he caused
looting and plundering, and killings which do not conform to the
values of humanity or civilization and that are considered major
crimes before the laws of Islam." In addition, the ruling says: it is
established that the accused deems it natural and necessary that all
Muslims carry out massacres against the Armenian nation.
The Bogazliyan district governor who was executed for these crimes was
later declared a national hero!
Can we not resume the assessment of the law of deportation of the
Armenians and the incidents that occurred during the deportations,
from where it was left off in 1919? Did this never take place in our
history either?
[translated from Turkish]
From: Baghdasarian