The Armenian Massacres of 1915–1916 a Hundred Years Later: Open Questions and Tentative Answers in International Law (Studies in the History of Law and Justice, 15)

Annotation This peer-reviewed book features essays on the Armenian massacres of 1915-1916. It aims to cast light upon the various questions of international law raised by the matter. The answers may help improve international relations in the region. In 1915-1916, roughly a million and a half Armenians were murdered in the territory of the Ottoman Empire, which had been home to them for centuries. Ever since, a dispute between Armenians and Turkey has been ongoing over the qualification of the massacres. The contributors to this volume examine the legal nature and consequences of this event. Their investigation strives to be completely neutral and technical. The essays also look at the broader issue of denial. For instance, in Turkey, public speech on the matter can still trigger criminal prosecution whereas in other European States denial of genocide, war crimes and crimes against humanity is criminalized. However, the European Court of Human Rights views criminal prosecution of denial of the Armenian massacres as unlawful. In addition, one essay considers a state's obligation to remember by looking at lessons learnt from the Inter-American Court of Human Rights. Another contributor looks at a collective right to remember and some ideas to move forward towards a solution. Moreover, the book explores the way the Armenian massacres have affected the relationship between Turkey and the European Union Front Matter ....Pages i-x Introduction (Flavia Lattanzi, Emanuela Pistoia)....Pages 1-9 Historical Introduction: World War I and the Dynamics of the Armenian Genocide (Marcello Flores)....Pages 11-23 Front Matter ....Pages 25-25 The Armenian Massacres as the Murder of a Nation? (Flavia Lattanzi)....Pages 27-104 On the Applicability of the Genocide Convention to the Armenian Massacres (Chiara Cipolletti)....Pages 105-123 Is Customary Law on the Prohibition to States to Commit Acts of Genocide Applicable to the Armenian Massacres? (Alessandra Gianelli)....Pages 125-140 Front Matter ....Pages 141-141 Metz Yeghern and the Origin of International Norms on the Punishment of Crimes (Antonio Marchesi)....Pages 143-160 Armenian Cultural Properties and Cultural Heritage: What Protection under International Law One Hundred Years Later? (Federica Mucci)....Pages 161-179 What Reparations for the Descendants of the Victims of “the Armenian Genocide”? (David Donat Cattin)....Pages 181-191 Front Matter ....Pages 193-193 The Armenian Massacres and the Price of Memory: Impossible to Forget, Forbidden to Remember (Agostina Latino)....Pages 195-236 Denying the Armenian Genocide in International and European Law (Monica Spatti)....Pages 237-249 Criminalizing the Denial of 1915–1916 Armenian Massacres and the European Court of Human Rights: Perinçek v Switzerland (Carmelo Domenico Leotta)....Pages 251-271 Front Matter ....Pages 273-273 Is the Denial of the “Armenian Genocide” an Obstacle to Turkey’s Accession to the EU? (Pierluigi Simone)....Pages 275-297 The European Parliament as the Human Rights Gatekeeper of the Union? (Alessandro Rosanò)....Pages 299-311 The EU and the Turkish Recognition of the Armenian “Genocide” in the Broader Framework of the EU External Action: A Tale of Possibilities Yet to Be Explored (Emanuela Pistoia)....Pages 313-332