07 March 2014
By Derk Jan van der LINDE
Legal Advisor and Researcher
Institute for Turkish Studies, The Netherlands
Abstract: This article aims to analyze the Armenian Genocide Question
from an international law standpoint. Thus an answer to the two
principal research questions – namely whether any form of direct state
and/or individual responsibility can arise under the workings of the
Genocide Convention and whether it is in fact legally correct to apply
the terminology of genocide to the events of 1915 – will be provided.
Additionally, in the course of this analysis three related international
law dilemmas (firstly accurately defining ‘crimes against humanity’ vis-
à-vis ‘genocide’, secondly differentiating legal requirements of
individual responsibility versus state responsibility, and lastly the topic
of retroactive working within treaty law) will be evaluated.
Keywords: international law, genocide, crimes against humanity, state
responsibility, individual criminal liability, retroactivity . . .
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