THE CONGRESS HAS TO AFFIRM THE FACT OF VIOLATION OF INTERNATIONAL LAW BY TURKEY
Recently the issue of the recognition of the Armenian Genocide by the United States of America has been extensively illustrated by the Armenian and international mass media. Turkey as ever, is trying to argue the right of foreign states to interfere its history and inner affairs.
In this state of things a rather important thing has slipped away from our attention - USA's Constitutional right of interfering international affairs, judging international law violations and punishing the guilty side. Article 1, Section 8, paragraph 10 of the US Constitution says: þþThe Congress shall have power ... to define and punish ...offenses against the law of nations."
Therefore, each member of the Congress may raise such a question: is not Turkey's refusal to fulfill the Arbitral Award on the Turkish-Armenian Border by Woodrow Wilson (22 November, 1922) a violation f international law? If so, why do not the United States take measures to bring the lawbreaker to responsibility?
The Congress has to affirm the fact of violation of international law by Turkey for two main reasons.
First, the principle of precedents, adopted by the Senate.
Already in 1927 the Senate expressed a firm and certain position on the Wilson's Arbitral Award. Thus on January 18 the Senate refused to endorse the American-Turkish agreement (signed August 6, 1923 ) and to accept the present Turkish republic [1]. Therefore the USA-Turkey relations remain uncertain by now [2]. Three reasons of declining the agreement were brought by the Senate, of which the first was the following: "Turkey failed to provide for the fulfillment of the Wilson award to Armenia" [3]. The agreement remained pending at the Senate until 1934, when called back to the President's cabinet by the request of Franklin Roosevelt [4]. Turkey also never completed the process of endorsement of that agreement [5].
Second, the terms of the Democrat Party Platform.
1924-1928 party platform stated the necessity of "Fulfillment of President Wilson's arbitral award respecting Armenia". The 1928-32 platform said: "We favor the most earnest efforts on the part of the United States to secure the fulfillment of the promises and engagements made during and following the World War by the United States and the allied powers to Armenia and her people" [6].
Taking into consideration that in the both cambers of the US Congress the majority at present belongs to Democrats, it seems quite possible that the Senate, according to the US Constitution will define Turkey's offences against the law of nations, neglecting the arbitral award and urge the executive branch to take measures of punishment. 1. Unperfected Treaties of the United States of America, 1776-1976, edited and annotated by Christian L. Wiktor, Volume 6, 1919-1925, New York, 1984, p. 421. Leland J. Gordon, Turkish-American Political Relations, The American Political Science Review, Vol. 22, No. 3 (Aug., 1928), p. 721. 2. Roger R. Trask, The United States Response to Turkish Nationalism and Reform 1914-1939, The University of Minnesota Press, Minneapolis, 1971, p. 36) 3. Lausanne Treaty is Defeated, the Davenport Democrat, January 19, 1927, p. 4. Roger R. Trask, The United States Response to Turkish Nationalism and Reform 1914-1939, The University of Minnesota Press, Minneapolis, 1971, p. 48) 5. Unperfected Treaties of the United States of America, 1776-1976, edited and annotated by Christian L. Wiktor, Volume 6, 1919-1925, New York, 1984, p. 421. 6. National Party Platforms, 1840-1968, (completed by Kirk Porter and Donald Johnson), Urbana, Chicago, London, 1972, p. 277.
- By Ara Papian
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