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

International Criminal Law Review 14 (2014) 274-290

Grotius Centre Working Paper 2014/032-ICL

24 Pages Posted: 31 Oct 2014

See all articles by Dov Jacobs

Dov Jacobs

Leiden University - Grotius Centre for International Legal Studies; Legal Assistant at the International Criminal Court

Date Written: October 29, 2014

Abstract

This article discusses whether the 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 on the necessity to accept 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.

Keywords: Genocide, Armenia, ICC, legality

Suggested Citation

Jacobs, Dov, Jumping Hurdles Backwards: The Armenian Genocide and the International Criminal Court (October 29, 2014). International Criminal Law Review 14 (2014) 274-290; Grotius Centre Working Paper 2014/032-ICL. Available at SSRN: https://ssrn.com/abstract=2516438

Dov Jacobs (Contact Author)

Leiden University - Grotius Centre for International Legal Studies ( email )

Leiden University Law Faculty
P.O. Box 9520
Leiden, 2300 RA
Netherlands

Legal Assistant at the International Criminal Court ( email )

The Hague
Netherlands

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