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Jumping Hurdles Backwards: The Armenian Genocide and the International Criminal Court

Jumping Hurdles Backwards: The Armenian Genocide and the International Criminal Court This article discusses whether the International Criminal Court (ICC) could be considered as a possible avenue to address the Armenian Genocide. In light of the jurisdictional limits of the Court, it is argued that it is unlikely that it will ever be a suitable forum in this respect. Indeed, not only are the alleged perpetrators all deceased, but the ICC does not have retroactive jurisdiction. Moreover, it might be the case that some factual aspects of the events might make the crimes against humanity characterisation more adequate. The article concludes with a discussion of the necessity of accepting the limitations of law, notably criminal law, in addressing past events of such magnitude. Ignorance of these limitations makes the operation of trying to get the ICC to address the issue akin to the impossible task of jumping hurdles backwards. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

Jumping Hurdles Backwards: The Armenian Genocide and the International Criminal Court

International Criminal Law Review , Volume 14 (2): 274 – Mar 13, 2014

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Publisher
Brill
Copyright
© 2014 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
1567-536X
eISSN
1571-8123
DOI
10.1163/15718123-01401009
Publisher site
See Article on Publisher Site

Abstract

This article discusses whether the International Criminal Court (ICC) could be considered as a possible avenue to address the Armenian Genocide. In light of the jurisdictional limits of the Court, it is argued that it is unlikely that it will ever be a suitable forum in this respect. Indeed, not only are the alleged perpetrators all deceased, but the ICC does not have retroactive jurisdiction. Moreover, it might be the case that some factual aspects of the events might make the crimes against humanity characterisation more adequate. The article concludes with a discussion of the necessity of accepting the limitations of law, notably criminal law, in addressing past events of such magnitude. Ignorance of these limitations makes the operation of trying to get the ICC to address the issue akin to the impossible task of jumping hurdles backwards.

Journal

International Criminal Law ReviewBrill

Published: Mar 13, 2014

Keywords: International Criminal Court (ICC); Armenian Genocide; non-retroactivity; crimes against humanity; limitations of law

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