99 - all you should know about the Genocide April, 2014 | Page 113
has this demand been regularly upheld in different
periods of time? It is very important to see whether
the state, which has laid these claims against
another state, has ever rescinded these demands, or
continues to insist upon them. If the state continues
to insist upon these claims, one cannot speak of the
expiry of a statute of limitations.
From a legal point of view, it is difficult to explain
why this focus on the 100 th anniversary is so
important. Psychologically, of course, the centennial
milestone has some significance. It is difficult to
imagine a situation when two states have not been
able to regulate their relationship for 100 years or
to see a claim to its rightful end. Take Cambodia,
for example, where the Extraordinary Chambers
were set up in the 2000s. This was an international
court, an international structure, which was set up
to examine the crimes committed by the Khmer
Rouge regime from 1975 to 1979.
Any international transgression must lead to
the relevant undesirable consequences for the
subjects who had committed that transgression.
In other words, the relevant subjects must be held
responsible. This should be done in at least two
ways – there should be steps taken to end the
illegal activity, and there should be steps taken to
reverse its consequences. International law does
not assume the punishment of one state, it is built
on the following principle – any transgressions lead
to a violation of a certain situation. So the steps
taken should not be punitive in nature. They should
aim to reinstate the situation that existed before
the transgression occurred.
ARMENIANS FELL VICTIM TO THE MASSACRE
AT ADANA, CARRIED OUT BY THE YOUNG
TURKS IN ADANA IN 1909
THESE WERE THE ARTICLES THAT MARKED
THE BEGINNING OF THE DIPLOMATIC
HISTORY OF THE ARMENIAN QUESTION, IN
THE TREATIES OF SAN STEFANO AND BERLIN
RESPECTIVELY
THE CONVENTION ON THE PREVENTION AND
PUNISHMENT OF THE CRIME OF GENOCIDE
WAS ADOPTED BY THE UNITED NATIONS
GENERAL ASSEMBLY, THE RESULT OF YEARS
OF WORK BY L AWYER RAPHAEL LEMKIN,
WHO GAVE THE LEGAL DEFINITION OF
GENOCIDE