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THE KARS TREATY--NEITHER FISH NOR FOWL
NCWA's legal advisory board examines the controversial treaty
The Kars Treaty signatories were the Soviet Union, the Armenian,
Georgian Soviet Socialist republics and Azerbaijan Soviet Socialist
Republic, as well as the Turkish Assembly in Angora (Ankara), prior
to the founding of the Republic of Turkey. The treaty is a crucial
event in modern Armenian history. It's also controversial and often
misunderstood. The legal advisory board of the National Congress of
Western Armenians explains the shortcomings of the treaty. --Editor.
The Treaty of Alexandropol was signed on Dec. 2, 1920 between Turkish
revolutionaries (before the declaration of the Republic of Turkey)
and the Government of the Republic of Armenia. Article 11 of the
treaty declared the Sèvres Treaty "null and void". The territory of
the Republic of Armenia was reduced by more than 50%. The treaty was
supposed to have been ratified within one month by the parliament of
the Republic of Armenia. It was, however, never ratified due to the
occupation of the RoA by the armies of the Russian Soviet Federative
Socialist Republic (RSFSR). It was eventually replaced by the Kars
Treaty as stipulated in Article I of the Kars Treaty.
The Treaty of Kars was signed on Oct. 23, 1921 and ratified in Yerevan
on Sept. 11, 1922. While all signatories had the necessary powers to
negotiate and sign the treaty, doubts have always been expressed about
its validity and applicability for two main reasons: at the time only
the RSFSR was a sovereign state in accordance with international law.
The three other entities, namely the Armenian Soviet Socialist
Republic, the Georgian Soviet Socialist Republic, Azerbaijan Soviet
Socialist Republic were not independent sovereign states and recognized
as such by international law or the international community (the League
of Nations). Furthermore, the Turkish delegation represented the Grand
National Assembly of Turkey (GNAT) founded in Ankara on April 23,
1920 and not the government of Turkey. The GNAT declared the Turkish
Republic in 1923, two years after the signing the Kars Treaty.
A treaty is valid if all of its provisions are put into effect and
implemented. Articles XIII, XIV, XV XVII XVIII and XIX , concerning
the relations between the Soviet Republic of Armenia and Turkey,
have never been implemented. Signatories cannot pick and choose which
provisions of a signed treaty will be implemented and which will not.
Hence the reference only to the borders provided for in the treaty
and not applying the remaining provisions is not in accordance with
international law.
In accordance with Article V the region of Nakhichevan constitutes
an autonomous territory under the protection of Azerbaijan and not
an integral part of Azerbaijan. All inhabitants of territory that
was part of Russia before 1918, and over which the sovereignty of
Turkey is affirmed, shall have the opportunity, if they desire to
relinquish their Turkish nationality, to leave Turkey freely, taking
with them their possessions and goods, or the proceeds of their sale
(Article XIII). In accordance with the provisions of Article XVII the
contracting parties agree to take all necessary measures necessary to
maintain and develop railway, telegraphic, and other communications,
as well as to assure free transit of persons and commodities without
any hindrance.
Consular conventions were supposed to be concluded within three
months in accordance with Article XIX. None of the foregoing was
implemented. After the Second World War the USSR attempted to annul
the Kars Treaty.
On 7 June, 1945 the Foreign Minister of the USSR, Vyacheslav Molotov
requested, on behalf of the Armenian and Georgian SSRs, from the
Turkish ambassador in Moscow that the provinces of Kars, Ardahan and
Artvin be returned to the USSR. Ultimately Churchill convinced the
United States not to accept the request of the USSR. There was no
further follow up.
To ensure the validity of the Kars Treaty it is necessary either to
implement all the provisions of the treaty or negotiate a new one. A
non-implemented treaty remains null and void.
http://www.keghart.com/NCWA-Kars-Treaty
From: A. Papazian
NCWA's legal advisory board examines the controversial treaty
The Kars Treaty signatories were the Soviet Union, the Armenian,
Georgian Soviet Socialist republics and Azerbaijan Soviet Socialist
Republic, as well as the Turkish Assembly in Angora (Ankara), prior
to the founding of the Republic of Turkey. The treaty is a crucial
event in modern Armenian history. It's also controversial and often
misunderstood. The legal advisory board of the National Congress of
Western Armenians explains the shortcomings of the treaty. --Editor.
The Treaty of Alexandropol was signed on Dec. 2, 1920 between Turkish
revolutionaries (before the declaration of the Republic of Turkey)
and the Government of the Republic of Armenia. Article 11 of the
treaty declared the Sèvres Treaty "null and void". The territory of
the Republic of Armenia was reduced by more than 50%. The treaty was
supposed to have been ratified within one month by the parliament of
the Republic of Armenia. It was, however, never ratified due to the
occupation of the RoA by the armies of the Russian Soviet Federative
Socialist Republic (RSFSR). It was eventually replaced by the Kars
Treaty as stipulated in Article I of the Kars Treaty.
The Treaty of Kars was signed on Oct. 23, 1921 and ratified in Yerevan
on Sept. 11, 1922. While all signatories had the necessary powers to
negotiate and sign the treaty, doubts have always been expressed about
its validity and applicability for two main reasons: at the time only
the RSFSR was a sovereign state in accordance with international law.
The three other entities, namely the Armenian Soviet Socialist
Republic, the Georgian Soviet Socialist Republic, Azerbaijan Soviet
Socialist Republic were not independent sovereign states and recognized
as such by international law or the international community (the League
of Nations). Furthermore, the Turkish delegation represented the Grand
National Assembly of Turkey (GNAT) founded in Ankara on April 23,
1920 and not the government of Turkey. The GNAT declared the Turkish
Republic in 1923, two years after the signing the Kars Treaty.
A treaty is valid if all of its provisions are put into effect and
implemented. Articles XIII, XIV, XV XVII XVIII and XIX , concerning
the relations between the Soviet Republic of Armenia and Turkey,
have never been implemented. Signatories cannot pick and choose which
provisions of a signed treaty will be implemented and which will not.
Hence the reference only to the borders provided for in the treaty
and not applying the remaining provisions is not in accordance with
international law.
In accordance with Article V the region of Nakhichevan constitutes
an autonomous territory under the protection of Azerbaijan and not
an integral part of Azerbaijan. All inhabitants of territory that
was part of Russia before 1918, and over which the sovereignty of
Turkey is affirmed, shall have the opportunity, if they desire to
relinquish their Turkish nationality, to leave Turkey freely, taking
with them their possessions and goods, or the proceeds of their sale
(Article XIII). In accordance with the provisions of Article XVII the
contracting parties agree to take all necessary measures necessary to
maintain and develop railway, telegraphic, and other communications,
as well as to assure free transit of persons and commodities without
any hindrance.
Consular conventions were supposed to be concluded within three
months in accordance with Article XIX. None of the foregoing was
implemented. After the Second World War the USSR attempted to annul
the Kars Treaty.
On 7 June, 1945 the Foreign Minister of the USSR, Vyacheslav Molotov
requested, on behalf of the Armenian and Georgian SSRs, from the
Turkish ambassador in Moscow that the provinces of Kars, Ardahan and
Artvin be returned to the USSR. Ultimately Churchill convinced the
United States not to accept the request of the USSR. There was no
further follow up.
To ensure the validity of the Kars Treaty it is necessary either to
implement all the provisions of the treaty or negotiate a new one. A
non-implemented treaty remains null and void.
http://www.keghart.com/NCWA-Kars-Treaty
From: A. Papazian