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Gündüz AKTAN<br />

The Legal Approach to the Armenian Issue and the<br />

Armenian Allegations in the light of International Law<br />

(Speech made during the seminar entitled “Turkey and<br />

the South Caucasus”, held at the Turkish Embassy in<br />

London, October 2001)<br />

Thank you, Chairman. You see, we Turks do not like legalities,<br />

law, or the legal approach. Interestingly, Armenians ha<strong>ve</strong> written<br />

perhaps around 25,000 books, articles, pieces, but not a single one<br />

on the legal aspect of this question.<br />

Genocide is a key issue between Turkey on the one hand and<br />

Armenia and Armenians on the other. That is really the main<br />

obstacle of the Turkish-Armenian reconciliation on the<br />

de<strong>ve</strong>lopment of our relations. I am a member of the Turkish-<br />

Armenian Reconciliation Commission and this is the real issue.<br />

Se<strong>ve</strong>ral times, we discussed the legal aspect of this question, and<br />

it might sound bizarre that the Armenians are not interested in the<br />

legal aspect of this question. Yet genocide is a crime and it is the<br />

highest crime in the hierarchy of crimes. Therefore, it should be<br />

addressed from the legal point of view. Again, at the outset, I see<br />

no other solution to this problem other than a kind of adjudication<br />

- an international adjudication of this problem - because I know<br />

from my experience, though short one, in this Commission that we<br />

cannot really convince the Armenians that this was not a genocide<br />

and the Armenians cannot convince us that this was a genocide.<br />

Now, let me briefly touch upon the de<strong>ve</strong>lopment of the concept<br />

of genocide. As you know, this concept has been coined by<br />

Professor Rafael Lemkin, a Polish scholar, during the Second World<br />

War -well after the 1915-16 e<strong>ve</strong>nts. His concept of genocide was a<br />

<strong>ve</strong>ry broad one. According to Lemkin, genocide was the<br />

annihilation of a minority, politically, economically, socially,<br />

Gündüz Aktan<br />

177

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