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State Identity, Continuity, and Responsibility: The Ottoman Empire,

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  • State Identity, Continuity, and Responsibility: The Ottoman Empire,

    European Journal of International Law, Issue 23 (3): 2012
    Volume 23, Issue 3
    p.p.: 797-820.


    State Identity, Continuity, and Responsibility: The Ottoman Empire,
    the Republic of Turkey and the Armenian Genocide


    By Vahagn Avedian
    Ph.D. Candidate, Department of History, Lund University

    Abstract

    By studying the continuity between the Ottoman Empire and its succeeding
    Turkish Republic, this article aims to address one crucial aspect of the
    denial of the Armenian genocide by the Turkish state, namely the issue of
    state responsibility.

    There are psychological barriers in Turkey which have largely suppressed
    the memories of possible wrongdoings during World War I and the ensuing
    `Independence War'. However, the barrier that is created by the issue of
    state responsibility is identified here as the fundamental obstacle for
    genocide recognition by the Turkish state. This article aims to apply some
    of the existing legal principles and theories of international law in
    order to test their applicability to the two Turkish states and the issue
    of internationally wrongful acts committed during World War I and the
    ensuing years.

    In addition to the Turkish Republic bearing the identity of the Ottoman
    Empire, this article suggests that the Republic not only failed to stop
    doing the wrongful acts of its predecessor, but it also continued the very
    internationally wrongful acts committed by the Young Turk government.

    Thus, the insurgent National Movement, which later became the Republic,
    made itself responsible for not only its own wrongful acts but also those
    of its predecessor, including the act of genocide committed in 1915-1916.
    The issue of possible liability has ever since the creation of the
    Republic formed the denialist policy which is Turkey's to this day.

    Please note the copyright rules stated at
    http://www.oxfordjournals.org/access_purchase/rights_permissions.html

    Full HTML version:
    http://ejil.oxfordjournals.org/content/23/3/797.full?keytype=ref&ijkey=4FZRuLROIocgqw8

    Full PDF version:
    http://ejil.oxfordjournals.org/content/23/3/797.full.pdf?keytype=ref&ijkey=4FZRuLROIocgqw8

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