Congressional Record—Senate S1792
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S1792 CONGRESSIONAL RECORD — SENATE March 19, 2012 SUBMITTED RESOLUTIONS which are open and widely available to the Turkish territory against persons of Turkish public and interested institutions. citizenship, though of Armenian or Greek (9) The Honorable Henry Morgenthau, race. This article constitutes therefore a SENATE RESOLUTION 399—CALL- United States Ambassador to the Ottoman precedent for Article 6c and 5c of the Nurem- ING UPON THE PRESIDENT TO Empire from 1913 to 1916, organized and led berg and Tokyo Charters, and offers an ex- ENSURE THAT THE FOREIGN protests by officials of many countries, ample of one of the categories of ‘crimes among them the allies of the Ottoman Em- against humanity’ as understood by these POLICY OF THE UNITED STATES pire, against the Armenian Genocide. enactments’’. REFLECTS APPROPRIATE UN- (10) Ambassador Morgenthau explicitly de- (20) On May 28, 1951, in a written statement DERSTANDING AND SENSITIVITY scribed to the Department of State the pol- submitted to the International Court of Jus- CONCERNING ISSUES RELATED icy of the Government of the Ottoman Em- tice concerning the Convention on the Pre- TO HUMAN RIGHTS, CRIMES pire as ‘‘a campaign of race extermination,’’ vention and Punishment of the Crime of AGAINST HUMANITY, ETHNIC and was instructed on July 16, 1915, by Sec- Genocide, the United States Government CLEANSING, AND GENOCIDE DOC- retary of State Robert Lansing that the ‘‘De- stated, ‘‘The Genocide Convention resulted partment approves your procedure . to from the inhuman and barbarous practices UMENTED IN THE UNITED stop Armenian persecution’’. which prevailed in certain countries prior to STATES RECORD RELATING TO (11) Senate Concurrent Resolution 12, 64th and during World War II, when entire reli- THE ARMENIAN GENOCIDE, AND Congress, agreed to February 9, 1916, re- gious, racial and national minority groups FOR OTHER PURPOSES solved that ‘‘the President of the United were threatened with and subjected to delib- Mr. MENENDEZ (for himself, Mr. States be respectfully asked to designate a erate extermination. The practice of geno- day on which the citizens of this country cide has occurred throughout human history. KIRK, Mrs. BOXER, Mr. LIEBERMAN, Mr. may give expression to their sympathy by The Roman persecution of the Christians, BENNET, Mr. WHITEHOUSE, Mrs. FEIN- contributing funds now being raised for the the Turkish massacres of Armenians, the ex- STEIN, Mr. LEVIN, and Mr. REED of relief of the Armenians,’’ who at the time termination of millions of Jews and Poles by Rhode Island) submitted the following were enduring ‘‘starvation, disease, and un- the Nazis are outstanding examples of the resolution; which was referred to the told suffering’’. crime of genocide. This was the background Committee on Foreign Relations: (12) President Woodrow Wilson concurred when the General Assembly of the United and also encouraged the formation of the or- Nations considered the problem of genocide. S. RES. 399 ganization known as Near East Relief, char- Not once, but twice, that body declared Resolved, tered by the Act of August 6, 1919, 66th Con- unanimously that the practice of genocide is SHORT TITLE gress (41 Stat. 273, chapter 32), which con- criminal under international law and that SEC. 1. This resolution may be cited as the tributed some $116,000,000 from 1915 to 1930 to States ought to take steps to prevent and ‘‘Affirmation of the United States Record on aid Armenian Genocide survivors, including punish genocide.’’. the Armenian Genocide Resolution’’. 132,000 orphans who became foster children of (21) House Joint Resolution 148, 94th Con- the American people. gress, adopted on April 8, 1975, resolved, FINDINGS (13) Senate Resolution 359, 66th Congress, ‘‘That April 24, 1975, is hereby designated as SEC. 2. The Senate finds the following: agreed to May 11, 1920, stated in part that ‘National Day of Remembrance of Man’s In- (1) The Armenian Genocide was conceived ‘‘the testimony adduced at the hearings con- humanity to Man’, and the President of the and carried out by the Ottoman Empire from ducted by the sub-committee of the Senate United States is authorized and requested to 1915 to 1923, resulting in the deportation of Committee on Foreign Relations have clear- issue a proclamation calling upon the people nearly 2,000,000 Armenians, of whom 1,500,000 ly established the truth of the reported mas- of the United States to observe such day as men, women, and children were killed, sacres and other atrocities from which the a day of remembrance for all the victims of 500,000 survivors were expelled from their Armenian people have suffered’’. genocide, especially those of Armenian an- homes, and the elimination of the over 2,500- (14) The resolution followed the April 13, cestry . .’’. year presence of Armenians in their historic 1920, report to the Senate of the American (22) President Ronald Reagan, in proclama- homeland. Military Mission to Armenia led by General tion number 4838, dated April 22, 1981 (95 (2) On May 24, 1915, the Allied Powers of James Harbord, that stated ‘‘[m]utilation, Stat. 1813), stated that, in part ‘‘[l]ike the England, France, and Russia, jointly issued a violation, torture, and death have left their genocide of the Armenians before it, and the statement explicitly charging for the first haunting memories in a hundred beautiful genocide of the Cambodians, which followed time ever another government of commit- Armenian valleys, and the traveler in that it—and like too many other persecutions of ting ‘‘a crime against humanity’’. region is seldom free from the evidence of too many other people—the lessons of the (3) This joint statement stated that ‘‘the this most colossal crime of all the ages’’. Holocaust must never be forgotten’’. Allied Governments announce publicly to (15) As displayed in the United States Hol- (23) House Joint Resolution 247, 98th Con- the Sublime Porte that they will hold per- ocaust Memorial Museum, Adolf Hitler, on gress, adopted on September 10, 1984, re- sonally responsible for these crimes all mem- ordering his military commanders to attack solved, ‘‘That April 24, 1985, is hereby des- bers of the Ottoman Government, as well as Poland without provocation in 1939, dis- ignated as ‘National Day of Remembrance of those of their agents who are implicated in missed objections by saying ‘‘[w]ho, after all, Man’s Inhumanity to Man’, and the Presi- such massacres’’. speaks today of the annihilation of the Ar- dent of the United States is authorized and (4) The post-World War I Turkish Govern- menians?’’ and thus set the stage for the Hol- requested to issue a proclamation calling ment indicted the top leaders involved in the ocaust. upon the people of the United States to ob- ‘‘organization and execution’’ of the Arme- (16) Raphael Lemkin, who coined the term serve such day as a day of remembrance for nian Genocide and in the ‘‘massacre and de- ‘‘genocide’’ in 1944, and who was the earliest all the victims of genocide, especially the struction of the Armenians’’. proponent of the United Nations Convention one and one-half million people of Armenian (5) In a series of courts-martial, officials of on the Prevention and Punishment of the ancestry . .’’. the Young Turk Regime were tried and con- Crime of Genocide, invoked the Armenian (24) In August 1985, after extensive study victed, as charged, for organizing and exe- case as a definitive example of genocide in and deliberation, the United Nations Sub- cuting massacres against the Armenian peo- the 20th century. Commission on Prevention of Discrimination ple. (17) The first resolution on genocide adopt- and Protection of Minorities voted 14 to 1 to (6) The chief organizers of the Armenian ed by the United Nations at Mr. Lemkin’s accept a report entitled ‘‘Study of the Ques- Genocide, Minister of War Enver, Minister of urging, the December 11, 1946, United Na- tion of the Prevention and Punishment of the Interior Talaat, and Minister of the Navy tions General Assembly Resolution 96(1), and the Crime of Genocide,’’ which stated that Jemal were all condemned to death for their the United Nations Convention on the Pre- ‘‘[t]he Nazi aberration has unfortunately not crimes, but, the verdicts of the courts were vention and Punishment of the Crime of been the only case of genocide in the 20th not enforced. Genocide recognized the Armenian Genocide century. Among other examples which can (7) The Armenian Genocide and these do- as the type of crime the United Nations in- be cited as qualifying are . the Ottoman mestic judicial failures are documented with tended to prevent and punish by codifying massacre of Armenians in 1915–1916’’. overwhelming evidence in the national ar- existing standards. (25) This report also explained that ‘‘[a]t chives of Austria, France, Germany, Great (18) In 1948, the United Nations War Crimes least 1,000,000, and possibly well over half of Britain, Russia, the United States, the Vati- Commission invoked the Armenian Geno- the Armenian population, are reliably esti- can and many other countries, and this vast cide, ‘‘precisely . one of the types of acts mated to have been killed or death marched body of evidence attests to the same facts, which the modern term ‘crimes against hu- by independent authorities and eye-wit- the same events, and the same consequences. manity’ is intended to cover,’’ as a precedent nesses. This is corroborated by reports in (8) The United States National Archives for the Nuremberg tribunals. United States, German and British archives and Record Administration holds extensive (19) The Commission stated that ‘‘[t]he and of contemporary diplomats in the Otto- and thorough documentation on the Arme- provisions of Article 230 of the Peace Treaty man Empire, including those of its ally Ger- nian Genocide, especially in its holdings of Sevres were obviously intended to cover, many’’.