A Legal Review of the 1915 Events in 100th Anniversary on the Basis of Historical Findings Editor Assist. Prof. Dr. Neslihan KARATAŞ DURMUŞ Editor Asistants Res. Assist. Yavuz Selim DEĞERLİ Res. Assist. Cansu KORKMAZ Res. Assist. Mert SİLAHŞÖR Res. Assist. Ömer ÜNLÜ ISBN: 978 – 605 – 4929 – 08 – 5 This study was supported within the scope of Scientific Research Projects (Bilimsel Araştırma Projeleri – BAP) of Ankara Yildirim Beyazit University. The authors are not responsible for any mistakes, errors, or omissions in the translations. In such case, please refer to the original texts. Printed in : Pozitif Matbaacılık Çamlıca Mah. 145. Sok. No:10/19 Yenimahalle/ANKARA Tel: 0312.397.00.31 - Faks: 0312.397.86.12 [email protected] - www.pozitifmatbaa.com Graphic Design : Safure ARSLAN Date of Publication : 2017 Contact Details : Ankara Yıldırım Beyazıt Üniversitesi Hukuk Fakültesi 15 Temmuz Şehitleri Binası Ayvalı Mah. Halil Sezai Erkut Cad. 150. Sok. Etlik/ANKARA Tel : +90 312 906 21 02/ 312 906 21 69 Fax : : +90 312 312 906 29 62 Website : www.ybu.edu.tr/hukuk/ PREFACE AYBU Faculty of Law is on the way to bring “new perspectives on higher education” in conformity with the establishment ground, mission and philosophy of University. In this context, while we are serving with the consciousness and awareness of our responsibilities, we must take thesocial values, mentality and expectations of this country into account. This study is very important to state the view, mission and vision of AYBU Faculty of Lawabout the ArmenianIssue. Transforming of Symposium presentation that are aimed to discuss the Armenian Issue within the concept of law into a published Book is also significantfor academicians and researchers who are interested in this subject. I would like to thank to all who give their best efforts to prepare this Symposium, including the teaching fellow of our Faculty Assist. Prof. Dr. Neslihan KARATAŞ DURMUŞ. Prof. Dr. M. Fatih UŞAN Vice-Rector Deputy Dean of Faculty of Law EDITORIAL This book is a compilation of papers presented and discussed in the “International Symposium of the Legal Review of the 1915 Events in 100th Anniversary on the Basis of Historical Findings” which was held on May 8, 2015 by the Faculty of Law of Ankara Yıldırım Beyazıt University with the Auspices of Presidency of Republic of Turkey. In this book, which also includes the opening speeches of the symposium, the works are in accordance with the order of presentation in the symposium. Today, as in the Middle East, Syria and Arakan, certain states in history have had the aim of ruling the world within their politics. In order to realize these aims, they tried to create chaos in the society by different methods such as prompt a revolt and breed bad blood between the Ottoman people. During World War I different countries attacked to our country with the aim of occupying our territory. Despite this, we saved our country by giving many martyrs. There are many local and foreign sources related to the First World War events on our territory. All of this information has been voiced by historians at different organizations and meetings and the issues has been tried to be clarified. The events of 1915, described as the Armenian issue, became a subject of frequent political action in the international area, especially in April and May each year. In fact, it is also known that the states closely interested in the Armenian issue do not examine their role in the events and do not fulfill their historical responsibilities. However, it is our basic duty to ensure that the matter is examined within the framework of the legal rules. Certain groups make big efforts to attain the legal consequences against the Republic of Turkey in the context of international law only with the support of the media(and lobby groups), although not based on any historical document. A correct social consciousness must be created by creating public opinion within the framework of today's technological possibilities, historical documents and universal legal rules. It is a political and historical responsibility of the states which are respectful for the law and the universal values. I’m most grateful to Prof. Dr. Yücel Acer, Dr. Jeremy Salt, Prof. Dr. Gül Akyılmaz, Dr. Bekir Tank, Maxime Gauin, Prof. Dr. İbrahim Ethem Atnur, Prof. Dr. İbrahim Kaya for their valuable contributions. I also thank to Mr. Jean Louis Mattei who participated in the symposium despite the very serious health problems before the symposium and present his communique especially in Turkish. The articles in this book also published in English, French and German other than Turkish. I would like to thank Fatma Sarıkaya, Oya Uslu Çetin, Rabia İlay Peerzada, Ömer Ünlü, Cansu Korkmaz, Ali Osman Arslan, Köroğlu Kaya, Belkıs Vural Çelenk, Biset Sena Güneş, for their help to translation and its control. Also, I thank to Yasin Poyraz, Ünsal Dönmez, Selma Öztürk Pınar, Yavuz Selim Değerli, Mert Silahşör,Tuğçe Nimet Yaşar, Figen Tabanlı, Maxime Gauin and Tuncay Çakmak for reading and correction of transla- tion. I owe a debt of gratitude to Scientific Research Projects Unit of Ankara Yıldırım Beyazıt University for their help in organization of symposium and publishing of this book. I would also like to thank Türk Tarih Kurumu (Turkish History Association) for providing financial support to the symposium. I hope the book will contribute to both national and international literature. Best regards. Assist. Prof. Dr. Neslihan KARATAŞ DURMUŞ Ankara, 2017 CONTENTS Editorial Preface Contents Opening Speeches Assist. Prof. Dr. Neslihan KARATAŞ DURMUŞ ............................................................ 287 Prof. Dr. M. Fatih UŞAN .................................................................................................... 291 Prof. Metin DOĞAN ........................................................................................................... 295 Prof. Dr. Numan KURTULMUŞ ....................................................................................... 301 The So-Called Armenian Genocide and the Jurisprudence Of International Court of Justice ..................................................................................................................................... 307 Prof. Dr. Yücel ACER Not A Matter For The Historians? Geoffrey Robertson and The ‘Armenian Question’ ............................................................................................................................... 323 Dr. Jeremy SALT Legal Status of Armenians ın the Ottoman State and the Initial Legal Arrangements Regarding the Goods They Left Behind ............................................................................ 335 Prof. Dr. Gül AKYILMAZ Reflections of the Conflicts Within the Major World Powers to the Armenian Question During World War – I ...................................................................................... 437 Dr. Bekir TANK From Insurgency To Scorched Earth Policy: Armenian Nationalist Policy Against The Ottoman Empire And Emerging Turkey, 1914-1923 ............................................. 497 Maxime GAUIN Armenians’ Return From the Deportation ....................................................................... 519 Prof. Dr. İbrahim Ethem ATNUR Armenian Genocide Claims: Facts Based On Evidence ................................................. 551 Jean-Louis MATTEI Possible Legal Implications Of Genocide Claims: Claıms For Compensation and Territory ................................................................................................................................ 573 Prof. Dr. İbrahim KAYA Opening Speeches My Very Valuable President, Esteemed Deputy to My Prime Minister, Dear President of My University, Dear Dean of My Faculty, My Valuable Teachers and Our Esteemed Guests, The Very Precious President of Our country, Esteemed Deputy to Our Prime Minister, Honorable President of Our University, Valuable Dean of Our Faculty, Our Academicians who are our Guiding Lights and Our Esteemed Guests, Welcome to the International Symposium, which is organized by the Faculty of Law of the Yıldırım Beyazıt University on ‘the Historic Approach to the Events of 1915 on their 100th Anniversary’; you have honored us. First of all, I would like to start with my special thanks and appreciation to our President esteemed Mr. Recep Tayyip Erdoğan for sponsoring this symposium that we organized. This is an honor for us. Glancing at the world history, we observe that the states have a common goal of guiding the world politics. Even though the states have such goals, the methods they use while achieving this goal is taken as the most important data for the establishment of their places in history. Providing a fair societal consciousness by establishing public opinion within the historical documents and universal legal rules using the technological opportunities of our day and age, is the political, historic and legal responsibility of those states that are adherent to law and universal values. No matter how much it is a subject that the historians and lawyers should discuss together, the so called Armenian genocide allegations have become a topic handled only with political concerns as it has become frequently used in international public opinion also. Political end results are being sought, | 287 | without accepting the subject’s investigation through historic documents and archives, in an approach unwilling to discuss the subject within legal framework. We are able to observe