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ARMENIAN GENOCIDE-RELATED DEMANDS FOR JUSTICE DO NOT EXPIRE AFTER 100 YEARS
BY STAFF
- POSTED ON APRIL 30, 2014
By APPO JABARIAN
Executive Publisher / Managing Editor USA Armenian Life Magazine
(English-language edition) Hye Kiank Armenian Weekly (Armenian-language
edition)
Several years ago, very few friends and acquaintances used to ask me
whether it was true that the Armenian Genocide-related demands for
justice will lose validity after the lapse of 100 years. I answered
that, "according to my awareness of the legal community's position,
there was no such statute of limitations on any crime against
humanity."
And now, as we get closer to the 100th year anniversary of the
Armenian Genocide, it seems additional individuals have fallen victim
to such misconceptions, and similar questions have resurfaced with
more frequency.
Very recently a friend wrote on her social media page: "May we get
justice for all our families before the 100th genocide anniversary
I just hope the truth is known."
Another friend wrote: "I would love to see justice also. Sadly,
I don't believe it will happen."
Based on what I had learned from legal experts, I answered: "Contrary
to what Turkey is trying to achieve by misguiding Armenians into
thinking that the Armenian Cause will expire at the end of 100 years
-- there is no expiration date for Justice regarding crimes against
humanity."
In order to shed renewed light on this most important issue,
I contacted Frank V. Zerunyan, J.D., Professor of the Practice of
Governance, Director of Executive Education, USC Sol Price School of
Public Policy saying "There is a number of Armenians who have asked me,
'Is it true that the Armenian Genocide-related demands for justice
will expire at the end of 100th year?' I keep on telling them, 'To
my knowledge, there is no such thing. It can very well be Turkish
government propaganda. Any crime against humanity does not have
statute of limitations and therefore there are no expiration dates
as long as they are not settled through justice.'"
Professor Zerunyan responded: "You are generally correct. I am not
an expert on this but a student. However, what I know is that on
an international level there are General Assembly resolutions and
treaties within the UN and the Council of Europe that clearly exclude
the crime of genocide from any statutes of limitation. A number of
countries including France for example in the Barbie case accepted
this as part of their customary law. There is no doubt in my legal
judgment that this should be the case otherwise perpetrators of the
crime current and future will simply wait the time to escape justice.
That cannot be a policy response for a crime of human proportions.
This is not a simple murder or robbery case. I think most legal
scholars will agree with this."
He continued: "The problem on this issue is the question of
ratification of these treaties. One of the problems that Turkey still
has in attempting to join the EU is precisely the impediment with the
Council of Europe treaty on this issue. So my guess is that Turkey
would argue that it never ratified these treaties therefore this
commonly accepted exclusion of the statute of limitation does not
apply to it. I believe this is the misconception about the statute
of limitation. In other words not that there is one but that there is
none in generally accepted international law which Turkey presumably
rejects."
Turkey has not been and shall not be given preferential treatment on
this most crucial. Turkey shouldn't be allowed to escape justice. If
anything, time is running against Turkey as a growing number of Turkish
new generation members recognize Turkey's guilt in the century-old
massive crime against humanity.
Through vigilance and activism Armenians must keep the pressure on
for as long as it is necessary and keep educating others in order to
achieve justice through restitution by Turkey by way of
1) Returning the forcibly occupied ancestral lands in Western Armenia
and Cilicia to their rightful owners, the Armenians;
2) Compensating the Armenians for massive illegal confiscation
of their parents', grandparents' and great-grandparents' real and
personal properties;
3) Compensating the Armenians for the blood money for the one and
one half million victims of the Armenian Genocide;
4) Compensating the Armenians for the massive dispossessions and
forced deportations illegally inflicted upon the victims and the
survivors of the Armenian Genocide.
Hardly a day goes by without witnessing the emergence of young members
of the millennial Armenian generation as newly mobilized activists.
One such new activist is a reader of USA Armenian Life Magazine in New
York metro area. She wrote a few days ago: "An event was held at Times
Square this afternoon regarding the victims, the remembrance day of
the Armenian Genocide. I was so touched. So many people were there;
so many non-Armenians, tourists; and Congressmen that had excellent
messages. ... I had made 6 different posters which were given to
people that were there."
I wrote back: "Because of the fact that you're so driven and determined
in pursuit of your people's aspirations for Justice like a growing
number of members of today's generation, our people's Cause will
remain alive until the day when we will all achieve Justice. I am
a firm believer- it's not a matter of 'if;' it's a matter of 'when'
it'll be realized."
Another member of the millennial Armenian generation who has recently
emerged as a newly mobilized activist is a close French-born very
young relative studying in a city in southern France several miles
away from Marseilles, home to a sizable Armenian community.
On April 24th, taking time out from his busy schedule as a university
student, he rode the bus all the way to Marseilles to participate
in the commemoration of the Armenian Genocide. On the 27th he sent
me several photos depicting the ceremony and the protest march from
the church grounds to the Armenian Genocide memorial monument in
Marseilles. He noted how spiritually renewed he felt as a result of
his active participation.
I wrote to him saying, "Great mission! May you and your family,
(future) children, (future) grandchildren and (future) great
grandchildren receive the blessings of our one and one half million
Martyrs!"
No matter how many years or even centuries go by, succeeding Armenian
generations will achieve justice as long as they keep their faith
intact; remain vigilant and steadfast in their pursuit of their
people's Just Cause.
Like the saying goes, "The woods are lovely, dark and deep, but I
have promises to keep, and miles to go before I sleep."
I remember vividly my New Yorker friend's statement as she wrote:
"I'll pray for that sunny day when all the miles will be achieved!"
http://www.armenianlife.com/2014/04/30/armenian-genocide-related-demands-for-justice-do-not-expire-after-100-years/
BY STAFF
- POSTED ON APRIL 30, 2014
By APPO JABARIAN
Executive Publisher / Managing Editor USA Armenian Life Magazine
(English-language edition) Hye Kiank Armenian Weekly (Armenian-language
edition)
Several years ago, very few friends and acquaintances used to ask me
whether it was true that the Armenian Genocide-related demands for
justice will lose validity after the lapse of 100 years. I answered
that, "according to my awareness of the legal community's position,
there was no such statute of limitations on any crime against
humanity."
And now, as we get closer to the 100th year anniversary of the
Armenian Genocide, it seems additional individuals have fallen victim
to such misconceptions, and similar questions have resurfaced with
more frequency.
Very recently a friend wrote on her social media page: "May we get
justice for all our families before the 100th genocide anniversary
I just hope the truth is known."
Another friend wrote: "I would love to see justice also. Sadly,
I don't believe it will happen."
Based on what I had learned from legal experts, I answered: "Contrary
to what Turkey is trying to achieve by misguiding Armenians into
thinking that the Armenian Cause will expire at the end of 100 years
-- there is no expiration date for Justice regarding crimes against
humanity."
In order to shed renewed light on this most important issue,
I contacted Frank V. Zerunyan, J.D., Professor of the Practice of
Governance, Director of Executive Education, USC Sol Price School of
Public Policy saying "There is a number of Armenians who have asked me,
'Is it true that the Armenian Genocide-related demands for justice
will expire at the end of 100th year?' I keep on telling them, 'To
my knowledge, there is no such thing. It can very well be Turkish
government propaganda. Any crime against humanity does not have
statute of limitations and therefore there are no expiration dates
as long as they are not settled through justice.'"
Professor Zerunyan responded: "You are generally correct. I am not
an expert on this but a student. However, what I know is that on
an international level there are General Assembly resolutions and
treaties within the UN and the Council of Europe that clearly exclude
the crime of genocide from any statutes of limitation. A number of
countries including France for example in the Barbie case accepted
this as part of their customary law. There is no doubt in my legal
judgment that this should be the case otherwise perpetrators of the
crime current and future will simply wait the time to escape justice.
That cannot be a policy response for a crime of human proportions.
This is not a simple murder or robbery case. I think most legal
scholars will agree with this."
He continued: "The problem on this issue is the question of
ratification of these treaties. One of the problems that Turkey still
has in attempting to join the EU is precisely the impediment with the
Council of Europe treaty on this issue. So my guess is that Turkey
would argue that it never ratified these treaties therefore this
commonly accepted exclusion of the statute of limitation does not
apply to it. I believe this is the misconception about the statute
of limitation. In other words not that there is one but that there is
none in generally accepted international law which Turkey presumably
rejects."
Turkey has not been and shall not be given preferential treatment on
this most crucial. Turkey shouldn't be allowed to escape justice. If
anything, time is running against Turkey as a growing number of Turkish
new generation members recognize Turkey's guilt in the century-old
massive crime against humanity.
Through vigilance and activism Armenians must keep the pressure on
for as long as it is necessary and keep educating others in order to
achieve justice through restitution by Turkey by way of
1) Returning the forcibly occupied ancestral lands in Western Armenia
and Cilicia to their rightful owners, the Armenians;
2) Compensating the Armenians for massive illegal confiscation
of their parents', grandparents' and great-grandparents' real and
personal properties;
3) Compensating the Armenians for the blood money for the one and
one half million victims of the Armenian Genocide;
4) Compensating the Armenians for the massive dispossessions and
forced deportations illegally inflicted upon the victims and the
survivors of the Armenian Genocide.
Hardly a day goes by without witnessing the emergence of young members
of the millennial Armenian generation as newly mobilized activists.
One such new activist is a reader of USA Armenian Life Magazine in New
York metro area. She wrote a few days ago: "An event was held at Times
Square this afternoon regarding the victims, the remembrance day of
the Armenian Genocide. I was so touched. So many people were there;
so many non-Armenians, tourists; and Congressmen that had excellent
messages. ... I had made 6 different posters which were given to
people that were there."
I wrote back: "Because of the fact that you're so driven and determined
in pursuit of your people's aspirations for Justice like a growing
number of members of today's generation, our people's Cause will
remain alive until the day when we will all achieve Justice. I am
a firm believer- it's not a matter of 'if;' it's a matter of 'when'
it'll be realized."
Another member of the millennial Armenian generation who has recently
emerged as a newly mobilized activist is a close French-born very
young relative studying in a city in southern France several miles
away from Marseilles, home to a sizable Armenian community.
On April 24th, taking time out from his busy schedule as a university
student, he rode the bus all the way to Marseilles to participate
in the commemoration of the Armenian Genocide. On the 27th he sent
me several photos depicting the ceremony and the protest march from
the church grounds to the Armenian Genocide memorial monument in
Marseilles. He noted how spiritually renewed he felt as a result of
his active participation.
I wrote to him saying, "Great mission! May you and your family,
(future) children, (future) grandchildren and (future) great
grandchildren receive the blessings of our one and one half million
Martyrs!"
No matter how many years or even centuries go by, succeeding Armenian
generations will achieve justice as long as they keep their faith
intact; remain vigilant and steadfast in their pursuit of their
people's Just Cause.
Like the saying goes, "The woods are lovely, dark and deep, but I
have promises to keep, and miles to go before I sleep."
I remember vividly my New Yorker friend's statement as she wrote:
"I'll pray for that sunny day when all the miles will be achieved!"
http://www.armenianlife.com/2014/04/30/armenian-genocide-related-demands-for-justice-do-not-expire-after-100-years/