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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 />
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