LEGAL GROUNDS OF THE PLEA TO THE INTERNATIONAL COURT OF JUSTICE ON THE CASE OF THE ARMENIAN GENOCIDE
In order to apply to the United Nations International Court of Justice for the case of the Armenian Genocide the Republic of Armenia as a plaintiff should draw up its written plea which must be as concise as possible, in a manner compatible with the full presentation of Armenia’s position and. appending to the plea only strictly selected documents.At the beginning of the plea Armenia can ground the jurisdiction of the International Court to investigate the case of the Armenian Genocide with the provisions of Article 9 of the UN Genocide Convention. Armenia should require the court to compel Turkey to adopt the following as temporary measures: To stop the denial policy of the Armenian Genocide: it is the continuation of the committed genocide and its modern manifestation. To suspend the application of Article 301 of the Turkish Criminal Code. To recognize the verdicts of the Turkish Military Tribunals as legal and to repeal the decisions of Kemal’s regime to review those verdicts. To stop the glorification and honor of the individuals who committed crime of the genocide. To implement the liability to protect non-Muslims’ rights according to the articles 38-44 of the Treaty of Lausanne. The decision of Supreme Court of the Republic of Turkey in 1974 to seize the property of national minorities and to hand it to the state treasury should be considered as the next manifestation of expropriation of the Armenian community of Turkey. The Armenian community continues to have financial losses, and this issue continues to remain in the centre of the attention of the international community. To recognize the Arbitral Award of the US President Woodrow Wilson on the demarcation of the Turkish-Armenian boundaries as a legal ground for the main consequence of the Armenian Genocide: the deprivation of Homeland. The action of Turks to enjoy the fruits of the Armenian Genocide, particularly to seize the property of the victims of genocide must be considered illegal, so Turkey must be obliged to give the financial compensation to the heirs of the victims or genocide survivors, or the representatives of their profits and rights.
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