Ana İçerik

This book brings together academic assessments of the Armenian question from the perspective of international law. Rather than approaching the subject primarily as a historical or political controversy, the volume examines it through the legal frameworks of state responsibility, state succession, the definition of genocide in international law, and freedom of expression. In this respect, the book addresses several interrelated legal dimensions of the Armenian question and considers how these issues have been treated in international and regional judicial practice.

The first part of the book focuses on succession to international responsibility. It discusses both the classical doctrine of non-succession and more recent approaches based on general principles of law. Particular attention is given to the distinction between a successor state and a continuing state, as well as to the possible legal implications of this distinction in relation to the Armenian question.

The second part examines the crime of genocide in light of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, the case law of international ad hoc criminal tribunals, and the jurisprudence of the International Court of Justice. It analyses the protected groups, the material and mental elements of the crime, and the conditions under which state responsibility for genocide may arise, including the existence of an internationally wrongful act and the attribution of conduct to the state.

The third part is devoted to the case law of the European Court of Human Rights on issues connected with genocide, with particular emphasis on Perinçek v. Switzerland. It considers the relationship between freedom of expression, hate speech, denial laws, the requirements of a democratic society, and the balancing of individual expression against the rights and interests of affected communities.

Taken as a whole, the book presents the Armenian question as a multifaceted issue of international law. It highlights the intersections between state responsibility, international criminal law, and human rights law, while maintaining a focus on judicial reasoning and doctrinal analysis.

Keywords: Armenian question; international responsibility; state succession; crime of genocide; International Court of Justice; European Court of Human Rights.