Bases for international litigation against Turkey will be presented soon - Mediamax.am

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Bases for international litigation against Turkey will be presented soon

Armen Marukyan
Armen Marukyan

Photo: A. Marukyan personal archive

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“By the Force of Law” human rights NGO is going to present the scientific research titled “The Bases and Options of Filing a Lawsuit on the Armenian Genocide to the International Court” in Armenian, English and Russian.

 

Mediamax talked to Head of the Department of Armenian Question and Armenian Genocide of Institute of History of Armenian National Academy of Sciences, Candidate of Historical Sciences, associate professor Armen Marukyan on the scientific research funded by the Armenian President’s Grant Program as well as opportunities and prospects of legal solution to Genocide issue.

 

- The research is about the bases and options of initiating an international litigation as well as procedural issues which can occur while bringing in an action. We point out the bases, circumstances, legal norms and principles which should underlie the legal portfolio which is the core element and is worked out by a group of professionals. In the theoretical part of the work, we present case resolutions and decisions of various courts concerning acts of crimes against humanity. The research also indicates the procedures of international court, opportunities it gives, how we can present our litigation and what are the expectations for possible decisions, what steps we should take to maximum benefit from the court procedures. 

 

- You have studied the factual bases. How do you assess them?

 

- I think the factual bases are enough for filing such a lawsuit to the international court. But it’s no secret that the international court is sometimes guided by double standards. We should seriously prepare this legal process in terms of politics, we should be ready for any twist and turn and create conditions owing to the lobbyist efforts of the Diaspora and consistent diplomatic work so as the double standards are not applied to our case. Until it’s done the initiation of the lawsuit can be disputable and pose serious risks.

 

- The option of turning to the international court based on personal lawsuits is also voiced. How effective can it be?

 

- I am against individual lawsuits. Of course, it’s tempting: a person is willing to restore his rights to the property of his ancestors but it’s obvious that there are no documents on the property in the territory of whole Western Armenia. All the heirs who can come up with such demands are not alive either. So, there will be a moment when after exercising our rights to some property, we won’t be able to find relevant documents on the majority of them. And Turkey may state that it has already finished recuperation of material losses. The heirs should be a bit patient and present the documents within the general lawsuit. If the issue is settled on a global scale all the individual demands will automatically be met. Otherwise, it will mean that again personal interests were placed higher than the national ones- everyone settled his own issue and not the common one.

 

- Do you see lack of strategy while settling the Genocide issue on the legal platform?

 

-I think we still have to form the agenda and clarify our strategy and tactics. If one doesn’t clearly know the sequence of the steps the way is very vague and one  may move forward without firm basis. I think the committee on coordination of events dedicated to the Genocide Centennial is one of the platforms where we can start working out the strategy involving broader and more professional circles.

 

- Do the international organizations, other countries and people and nations surviving the Genocide cooperate around this issue?

 

-When I say we should work out a strategy and ensure the success of legal process with the political one, I mean such steps as well. We are yet to find allies and more productive solutions. The political process with involvement of new people is very important and relevant in this case.

 

- It's almost 100 years that the Armenian side has been speaking about only recognition. The issue of recuperation has been brought about recently. Wasn't it a bit belated?

 

- Of course, it would be better if we started the process since Armenia's independence declaration. We were within Soviet Union territory before that and we couldn't voice the issues while afterwards, when we became an independent state, UN member and international subject, we could have done it. However, it's not late, we can start it now: the Centennial is the threshold when crucial changes can happen not only in terms of condemnation of the Armenian Genocide but elimination of consequences. One of the options of the breakthrough is elaboration of this lawsuit and filing to the international court on a proper occasion.

 

- How much time will it take to prepare the lawsuit and the court process on the whole?

 

- The best specialists - from Armenia and Diaspora- should be involved in preparation of the application. We should also hire top specialists of international law from abroad so as to work out a comprehensive document. But that doesn't mean we should apply when it's ready- we need a relevant occasion. There should be a convenient situation in the international arena - we will have better chances in that case. Of course, we shouldn't be passive and wait for the occasion. We should also take steps to reach it.

 

The court process can last several years. We should be ready for consistent fight as the Turkish side will do its best to drag out and fail the process.

 

Marie Taryan talked to Armen Marukyan

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