ISSN 1829-4618


By: Marukyan A. Ts., PhD in History

(The trial procedures and the determination of possible options)

Before applying to the UN International Court of Justice, there should be a thorough examination of the procedural specifics and possibilities of the International Court apart from preparing the application, in order to use them correctly and prevent the possible steps which could be taken by the opponent. From the view of the international law the application of the UN Convention on the Prevention and Punishment of the Crime of Genocide applied in 1948, is extremely important for the Armenian Genocide: it’s an issue of retroactivity towards the Armenian Genocide. After adoption of the UN Convention on Genocide in 1948 and after entering into force in 1951, the international law continued to develop, accepting new international legal documents in a result. 20 years after accepting the Convention on "Prevention and Punishment of the Crime of Genocide", on November 26, 1968, the United Nation adopted “Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity”. According to Article I (b), crimes against humanity whether committed in time of war or in time of peace as they are defined in the Charter of the International Military Tribunal, Nürnberg, of 8 August 1945 and confirmed by resolutions 3 (I) of 13 February 1946 and 95 (I) of 11 December 1946 of the General Assembly of the United Nations, eviction by armed attack or occupation and inhuman acts resulting from the policy of apartheid , and the crime of genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
The Republic of Armenia will efficiently use its procedural opportunities and rights provided by court rules and practical directives, and demand from the court to pressure on the defendant Turkey, so it doesn’t try to abuse its rights.
After investigation of the case of the Armenian Genocide a just solution making by The UN International Court will be in the spirit of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.

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