Armenian genocide reparations

Dem matter wey dey talk about Armenian genocide reparation come from di Armenian genocide wey happen for 1915 by di Ottoman Empire. Dis reparation fit be money, land, or even territory, and e fit cover individual or group claims, even from Armenia. Plenty scholars wey sabi international law gree say Turkey na di next phase of di Ottoman Empire. Plus, di Republic of Turkey dey continue di wrong things wey di Ottoman Empire do against di Armenians, like collecting dem properties and killing dem. Former UN Human Rights Committee Secretary, Professor Alfred de Zayas, wey dey for Geneva School of DiplomacyGeneva School of Diplomacy , talk say because di crime of genocide dey continue in real life and law, di chance for restitution no go waka away because time pass.

 History wey dey happen 
Main talk: Armenian genocide

 Wetyn happen after the Armenian genocide 
link=https://en.wikipedia.org/wiki/File:Sevres_signing.jpg|right|thumb|230x230px|The Ottoman man, Mehmed Hâdî Pasha, sign di Treaty of Sèvres.

See too: Confiscated Armenian properties for Turkey

Aside di one to one and half million people wey die, Armenians lose all dia money and properties, no compensation or reparations for dem. Businesses and farms vanish, all schools, churches, hospitals, orphanages, monasteries, and graveyards turn Turkey government property. For January 1916, di Ottoman Minister for Commerce and Agriculture drop order make all financial institutions wey dey operate for di empire handover Armenian assets to di government. Dem record say up to 6 million Turkish gold pounds, real estate, cash, bank deposits, and jewelry carry go. Di assets go straight inside European banks, including Deutsche and Dresdner banks.

After World War I finish, di genocide survivors try come back to claim dem former homes and assets, but di Turkish National Movement chase dem away.

 Treaty wey dem dey call Sèvres 
See too: Treaty of Sèvres and Wilsonian Armenia

Di punishment for di crime wey dem dey do to di Armenians, plus di obligation to pay back di people wey survive, dem dey plan am for di victorious Allies of World War I, and dem include am for Peace Treaty of Sèvres wey Ottoman Empire sign too. Di treaty no dey only talk say dem go try Turkish officials for war crimes against di Allies, but also for di crimes wey dem do against people for Ottoman Empire wey no be Turkish, especially di Armenians, dem call am crime against humanity.

Plus, di so-called "Just Ruling of Woodrow Wilson (di US Prez that time)" wey di Treaty of Sèvres recognize one Armenian state wey be bigger pass di current Republic of Armenia, as dem draw di western borders for di Armenian Highlands and Asia Minor. Though e no ever ratified, plenty people, historians, organizations, or politicians dey share di thoughts of Henry C. Theriault (Ph.D. in philosophy from di University of Massachusetts) wey dey specialize for social and political philosophy; him dey think:

...some of di elements still get di law power and di treaty self no be replaced by di 1923 Treaty of Lausanne. Especially, di borders wey dem fix for di proper Armenian state na wetin treaty carry and na binding arbitral award determine am. Whether di treaty ratified or not, di committee process wey dem use determine di arbitral award na wetin di parties for di treaty agree and, according to international law, wetin dem determine get legal force regardless di fate of di treaty. This one mean say, under international law, di "Wilsonian boundaries" na di proper boundaries of di Armenian state wey suppose dey exist for Asia Minor today.

 Treaties of Alexandropol and Kars 
Main articles: Treaty of Alexandropol and Treaty of Kars

Dem Treaty of Sèvres no fit stand gidigba again after Turkish–Armenian War wey happen for 1920. Dem new Treaty of Alexandropol make Armenia no accept the terms wey dey for Treaty of Sèvres and the promises wey dem talk say go give land from "Western Armenia" to Republic of Armenia, plus dem clear say Treaty of Sèvres no dey valid again. Because the Soviet people invade Armenia before dem sign the Treaty of Alexandropol, di Armenian parliament no get chance to ratify am. Then, di Treaty of Kars replace di Treaty of Alexandropol for 1921; di new Armenian Soviet Socialist Republic accept all di terms from di old Treaty of Alexandropol for di new one. Di Treaty of Kars ratify for Yerevan for fall 1922 by di unrecognized Soviet and Turkish governments.

Main article: Soviet territorial claims against Turkey

After World War II, Stalin try to cancel di Treaty of Kars and take back di lands wey dem give Turkey. Di Soviet claims get plenty backing from di international Armenian diaspora, plus di Armenian Revolutionary FederationRichard G. Hovannisian The Armenian People from Ancient to Modern Times: Foreign dominion to statehood: the fifteenth century to the twentieth century. Palgrave Macmillan, 2004. p. 417. Di Armenian leaders try gather British and American support to take eastern Anatolia back from Turkey, but Winston Churchill no gree support di Soviet and Armenian claims. Di United States State Department too support Turkey, say, as dem don talk since 1934, di support for Wilsonian Armenia don expire. Di Soviet Union drop dem claims against Turkey after Stalin die for 1953.

 Reparations Matter Dem 
According to Eduard Nalbandyan, wey be di former Foreign Minister of Armenia, Armenia no ever talk say dem wan take land since dem gain independence. E still talk say, Armenians fit find legal way to take back dia properties, whether Turkey go gree say di Armenian genocide happen or not. But plenty reparations proposals dey. Rouben Paul Adalian, wey be di Director of di Armenian National Institute for Washington, talk say, even though Turkey no don grant reparations before, di way international community dey dey recognize di Armenian genocide fit make Turkey recognize am too, and dat go help start di reparations process.

Plenty Armenians dey demand make dem restore di Turkish-Armenian border like wetin di former US President Woodrow Wilson talk for di 1920 Treaty of Sèvres, plus serious cash reparations. Some dey ask for land corridor between Armenia and di Black Sea make di Armenian state fit survive long time, while others just want make dem include Mount Ararat for Armenia and make Turkey apologize properly. Ümit Kardaş, wey be retired Turkish military judge, propose make dem open di Turkish-Armenian border without conditions, plus invite all di Armenians wey dey outside make dem go settle for dia ancestral land for Turkey.

As per wetin di Armenian Genocide Reparations Study Group (AGRSG) yan, dem suppose fit pay compensation based on di detailed plan we dem make for di 1919 Paris Peace Conference, plus some extra calculation for wahala we dem no fit cover well, wey affect di Armenians. Di report talk about plenty ways wey dem fit return land, from small return of church and cultural properties for Turkey to full return of di lands wey di Treaty of Sèvres talk about. Dem even get one new idea wey go make Turkey keep di political control of di lands but demilitarize am, plus make room for Armenians to join di current people wey dey live there, plus dem go get full protection, business, and residency rights.

 Di wahala of “holding responsible” 
For di matter of responsibility for di genocide, e fit split into two major area: personal and state.

 Di matter of personal responsibility and “punishment” 
E don dey clear say law principle no go allow dem bring case against living people only. So, di criminal action wey dem fit take no dey possible now because di people wey do di crime don already die. For dis matter, di chance wey International Criminal Court (ICC) fit get to join matter no dey, not because dem no fit but because of dia own rules wey no dey allow dem to act retroactively.

Dis kind matter don happen before. Dem fit guilty for Turkish Courts-Martial wey happen for 1919–1920 for War Crimes and Crime against humanity, but dem help di main bad guys run comot and dem stop di whole case because no proper law fit hold dem for dat time. From di Malta people wey dem carry go by di Allied forces wey Britain lead, wey plenty pass 140 people after World War I, plenty suspected criminals no even go court. For 1921, some of dem come back as part of exchange for British POW. Right after dat, most of di detainees get free as Britain and di new Ankara government of Atatürk dey talk. Di trials come stop when di Turkish National Movement show face, and later di new Kemalist government gree pardon dem wey dey serve sentence for 1923. 

 Di issue of “punishment” of di responsible state 
But for di modern International Law, dem don accept say states fit dey criminally responsible. Na so Article 19 for di first draft of articles on state responsibility wey International Law Commission (ILC) adopt don include genocide as part of di international crimes. Dis kind talk fit lead to international “punishment” for di state wey commit genocide acts. E fit happen for Turkey if dem hold dem responsible for di Armenian genocide. But even with dis draft, di mechanisms, di level of responsibility and other things dey still clear, which explain why dem delete di word “crime” from ILC draft and dey just talk about some unclear “serious breach of an obligation wey dey under general international law.”

Some people dey talk say no proper way dey to hold Turkey for the wahala wey dem cause for Armenia people through genocide. Professor Richard Hovannisian talk say dis kind matter fit happen if both parties agree, but right now, no agreement or treaty dey wey go fit connect Armenia and Turkey. Dem no even get optional clauses for compulsory jurisdiction wey go meet International Court of Justice (ICJ). So, no court dey wey fit take Turkey without dem own consent, except European Court for Human Rights (ECHR). ECHR be international court, but no dey settle state matter. Ehh, dem dey handle personal claims against states on European human rights issues, no fit help with reparations matter. Turkey dey propose to form international committee of historians to research and decide wetin happen for 1915.

 How we go handle the reparations 

 Grounds for international law 
De United Nations Basic Principles and Guidelines wey dey talk about Right to Reparation for Victims of Gross Violations of Human Rights and International Humanitarian Law talk say:

Reparation fit be claim by individual and if e dey ok, as group too, by di direct victims of human rights violation and humanitarian law, di immediate family, dependants or people wey dey closely related to di victims.

Even though current Turkish people no fit blame demself morally for wetin happen to Armenians, di present-day Turkish Republic, wey be di successor to di Ottoman Empire and wey dey benefit from di wealth and land wey dem take via di genocide, na dem get di responsibility for reparations. Professor de Zayas talk say:

Di lands, buildings, bank accounts and other property of Armenian communities for Turkey dem don dey take am without any proper way. If we no go fit return dem property for dis mass theft, wey follow di serious crime of genocide, wetin happen?

Pr. de Zayas still talk say di return of confiscated Armenian property dey remain as state responsibility because of Turkey's current human rights duty under international law, especially di international human rights law.

Principles 9 and 12 dey very important wey talk say civil claims wey relate to reparations for serious human rights violations no go dey subject to limitation laws (article 9), and say restitution go dey provided to bring back di condition wey dey before di human rights or humanitarian law violations happen. Di restitution need, among others - return to your original home and restore your property.Commission on Human Rights, fifty-third session, Doc. E/CN.4/1997/104. Compare with the first report by Professor Theo van Boven C/CH.4/Sub.2/1993/8 of 2 July 1993, section IX, and the second report C/CN.4/Sub.2/1996/7 of 24 May 1996

For reparations wey dey happen because of serious human rights violation, two important principles dey relevant: one na say bad thing no suppose give you right (ex injuria non oritur jus), meaning say no country suppose chop from wetin dem do wrong, plus another one wey be 'unjust enrichment'. E mean say person wey do crime no fit keep wetin e gain from am..J.W. Wade, “Acquisition of Property by willfully killing another – A Statutory Solution “ (1936), 49 Harvard Law Review, pp. 715W.M. McGovern, “Homicide and Succession to Property” (1969) 68 Michigan Law Review, p. 65 

 Current Legal mechanisms 
Even though e don get plenty experience on how to handle these wahala matter, e still clear say the legal setup no really fit resolve these kind issue unless dem all gree together. No be lie say Turkey go jump any discussion wey go concern dem responsibility to the victimsAn Ugly Truth, U.S. News & World Report; Oct 29, 2007. Plus, e good make we remind say at that time when genocide happen, Armenia no dey as independent state and the victims mostly na dem wey dey under Ottoman Empire own.

 Armenian groups dey demand compensation 

 Armenian Apostolic Church 
See too: Armenian Apostolic Church and Holy See of Cilicia

Di Armenian Catholicosate of di Great House of Cilicia dey for Sis city (wey be Kozan, Adana for Turkey) since 1295. For 1921, di Ottoman government give just two days make Catholicos Sahak II Khabayan and di Armenian pastors comot di area. After some wahala, for 1930 di Catholicosate shift go Antelias, Lebanon wey e dey operate till today. For April 28, 2015, di Armenian Church leaders start legal fight for Turkey's Constitutional Court to take back di historical place of di Church, wey include di Catholicosate, di monastery and cathedral of St. Sophia. If dem lawsuit no gree, dem go appeal for di European Court of Human Rights. Di Catholicos of All Armenians, Karekin II don show im support and talk say di Mother See of Holy Etchmiadzin for Armenia fit do dia own moves too.

 Armenian political parties 
Make I mention: Armenian Revolutionary Federation, Social Democrat Hunchakian Party, and Armenian Democratic Liberal Party

Di Armenian Revolutionary Federation na party wey dem set up for 1890 inside Tiflis, Georgia. Di ARF get plenty members pass any other political party wey dey inside di Armenian diaspora, and dem dey active for di politics of Republic of Armenia, get representatives for Parliament and dem dey part of di ruling coalition too. Di party dey push for di recognition of di Armenian genocide, and dem dey talk say make dem pay compensation. Dem get one program wey dem call "General Theory" wey dem don adjust to current socialism, democracy, and self-determination ways. Di goals wey dem get na to make di world condemn di genocide wey Ottoman Empire do to di Armenians, get back di lands wey dem occupy based on di Sèvres Treaty, and make sure di Armenian nation get correct compensation.

 Di Social-Democrat Hunchakian Party, another political group wey plenty people dey support inside di Armenian diaspora, dey also back for di global recognition of di Armenian Genocide and di necessary compensation based on land rights. Dem dey support di right of di Armenian people to go back to dia historical homeland and dia right to self-determination.

 Di Armenian Democratic Liberal Party, another traditional Armenian political group, dey support global recognition and also make Turkey pay for di goods and assets wey dem take from di Armenians.

 Old paramilitary groups wey no dey exist again 
See too: Armenian Secret Army for the Liberation of Armenia, Justice Commandos Against Armenian Genocide, and Armenian Revolutionary Army

The Armenian Secret Army for the Liberation of Armenia (ASALA) na Marxist-Leninist militant group wey dey operate from 1975 to 1986Roy, Olivier.  Turkey Today:  A European Nation? p. 170.. Dem say dem want make Turkish government accept say dem dey responsible for deaths of 1.5 million Armenians for 1915, pay reparations, and give land for Armenian homeland. Dem land wey dem go give go be di area wey Woodrow Wilson promise to dem for di Treaty of Sèvres in 1920, wey dem never ratify, called 'Wilsonian Armenia'.Pitman, Paul M. Turkey: A Country Study. Washington D.C.: The Federal Research Division of the Library of Congress, 283, 354-355 

Di Justice Commandos Against Armenian Genocide (JCAG) be another paramilitary group wey dey operate for plenty Western countries from 1975 to 1983. Dem dey push for Turkey to recognize di Armenian genocide and to create independent Armenia. To reach dem goal, dem dey carry out campaign wey dey kill Turkish diplomats everywhere for di world.Starving Armenians: America and the Armenian Genocide, 1915–1930 and After – p. 166 by Merrill D. PetersonJCAG dey focus for Europe and North America, dem wan collect Turkish pipo interest.Geopolitical and Economic Changes in the Balkan Countries - Page 75 by Nicholas V. Gianaris

Di Armenian Revolutionary Army (ARA) na more old Armenian guerrilla group wey get di same aim. Dem talk say ARA wey start operate for 1983 na just JCAG wey don change name.TKB Group profile - JCAG 

 Oda organizations dem 

 Di Armenian National Committee for South America (CNA) talk say, "Turkey gatz return dem territories wey belong to Armenia, as di terms wey di US President Woodrow Wilson talk". Dis one dey show say e no follow di Treaties of Alexandropol and Kars wey Armenia and Turkey don sign wey confirm di borders wey dey between dem.
 Collectif 2015; for France, one group wey be descendants of di survivors wey go through di Armenian genocide don prepare petition wey dem address to di Turkish State. Di work dey published for www.collectif2015.org website.

 Recent things dey happen 

 Lawsuits 

 Against money institutions 
California lawyer dem, Brian S. Kabateck wey dey work with Kabateck LLP, Vartkes Yeghiayan, Mark J. Geragos, and William Shernoff don file lawsuit go against American and European money institutions, make dem fit recover Armenian properties and insurance money.

For July 2004, when California Legislature pass the Armenian Genocide Insurance Act, descendants of Armenian genocide victims settle case for about 2400 life insurance policies from New York Life wey dem write on Armenians wey dey live for Ottoman Empire. Some of the policies don dey since 1875, but dem no pay after the Genocide. Around 1916-1918, Turkish government try recover from the people wey dem don kill, say dem no get heirs for the policy holders, but e no workMorgenthau, Henry. Ambassador Morgenthau's Story, Chapter XXV. The settlement give dem 20 million dollars, of which 11 million na for heirs of the genocide victims.

For 2005, French insurance company AXA also dey hear say dem no dey pay money to the descendants of those wey die during the Armenian genocide. After dem do class-action lawsuit, dem agree pay 17 million dollars to descendants and Armenian philanthropic groups. For March 2010, the company provide life insurance premiums to 1,000 families of descendants of Armenians wey die for 1915.

For 2006, descendants of Armenian genocide file class action lawsuit against Deutsche Bank and Dresdner Bank wey dey seek recover millions of dollars and property wey two German banks hold after the genocide. The lawsuit talk say the banks benefit from the 1915 wahala to hide and stop recovery of assets wey belong to Armenian families. The banks' cooperation don dey limited.

 Against Getty museum 
For June 1, 2010, Western Prelacy of Armenian Apostolic Church for America don sue J. Paul Getty Museum make dem give back seven pages wey dem tear from sacred Armenian Bible wey dey back to 1256, plus 35 million dollars as damages. Dem talk say, these seven pages na from Zeyt'un Gospels of Armenian Church during genocide. The Zeyt'un Gospels na Toros Roslin draw am, and the rest of the holy book dey for Matenadaran for Yerevan, Armenia. Getty talk say, dem buy the pages legally for 1994 from one private collector after e don check the history well well. Michael Bazyler, wey be law professor for Chapman University and part of the plaintiff team, talk say dis one na the first case wey dem file for United States to get back cultural or religious things wey dem carry go during World War I.

 Against Turkish government and two banks 
For July 29, 2010, Armenian-American lawyers don file federal lawsuit against Turkish government, Central Bank of Republic of Turkey and Ziraat Bankası, dey seek compensation for descendants of Armenians wey dem say government don seize dem property during Armenian genocide. The plaintiffs be Garbis Davouyan from Los Angeles and Hrayr Turabian from Queens. The case - the first wey dey target Turkish government - dey claim say dem break trust law, take advantage, violate human rights and international law. Dem wan compensate for land, buildings, businesses wey dem seize from Armenians plus bank deposits, including valuable religious and other artifacts wey some dey inside museums for Turkey.

Di court matter dey talk say over one million Armenians die for forced waka, concentration camps and massacre wey Turkish officials and soldiers arrange, help and cover. Di lawyers wey represent di plaintiffs believe say records of di properties and profits still dey, and dem dey look for money wey fit reach billions of dollars. Di case bin reject and dismiss for 2013.

 Ankara Conference 
From April 24, 2010, dem hold two-day conference wey dem call "The Armenian Issue: Wetin we go do and how?" for Ankara, wey Ankara Freedom of Thought Initiative organize am, and security dey tight for there. Na first time for Turkey wey dem go discuss things like confiscated Armenian property, reparations, and how to face di past and move forward. 200 people dey attend di conference, mostly people wey dey support genocide recognition. Some big brains wey dey there be Turkish and Western intellectuals like Sevan Nişanyan wey dey run Agos newspaper for Istanbul, Welsh writer-activist Eilan Williams, philosopher Henry Theriault from Worcester State University, and author Temel Demirer. As di conference go dey hot, na reparations for Armenian genocide dem dey argue. Di last three support am but Nişanyan no agree.

 Bill for di Armenian parliament 
On April 26, 2010, ARF bring bill wey dey criminalize di denial of di Armenian genocide to di Armenian National Assembly, plus talk about reparations. Di key parliamentary forces support di bill well well. Larisa Alaversyan from di opposition Heritage Party talk say if dem pass di bill e go give chance for Armenia make dem carry di matter go international court. Di head of Prosperous Armenia faction, Aram Safaryan, plus Hovhannes Margaryan from di Rule of Law faction also dey support di movement.

 References