Why Mets Yeghern Qualifies as Genocide
The UN convention
The UN Convention of December 18, 1948 clearly defines the term Genocide as cited below:
|Article I.||The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and punish.|
|Article II.|| In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such:
a) Killing members of the group; |
b) Causing serious bodily or mental harm to members of the group;
c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
d) Imposing measures intended to prevent births within the group;
e) Forcibly transferring children of the group to another group.
|Article III.|| The following acts shall be punished: |
b) Conspiracy to commit genocide;
c) Direct and public incitement to commit genocide;
d) Attempt to commit genocide;
e) Complicity in genocide.
|Article IV.||Persons committing genocide or any of the other acts enumerated in Article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.|
|Article V.||The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give affect to the provision of the present Convention and, in particular, to provide effective penalties for persons guilty of genocide or of any of the other acts enumerated in Article III.|
|Article VI.||Persons charged with genocide or any of the other acts enumerated in Article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.|
|Article VII.||Genocide and the other acts enumerated in Article III shall not be considered as political crimes for the purpose of extradition. The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.|
|Article VIII.||Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in Article III.|
|Article IX.||Disputes between the Contracting Parties relating to the interpretation, application or fulfillment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in Article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.|
Thus all those acts enumerated in Article II of the Convention are crimes of genocide. The Armenian genocide (Mets Yeghern) is about all the mentioned five points in general, about the first two points and in particular:
a) Killing members of the group; and
b) Causing serious bodily or mental harm to members of the group.
Therefore there is not even a slightest doubt that what had happened in 1915 in Western Armenia was Genocide.
As the Article III of the Convention states
a) the act of Genocide and
b) Conspiracy to commit genocide should be punished;
which means that the Ottoman Empire (presently Turkey) that had committed the crime of genocide against Armenians must be punished by the international laws.
According to the IV and VI articles of the Convention the persons that are guilty of committing genocide shall be tried either in the territory of the State where the act has been committed or by an international penal tribunal.
In 1919 the Court Martial in Constantinople condemned Talaat, Enver and Jemal Pashas, and Doctor Naseem to death in absentia. But the sentence was never enforced. Years later that verdict was carried out by Armenian revenge takers.