Javid Rahimli, LL.M.’s Post

Transitioning from history and melancholy to law and science: After more than a century without significant progress in recognizing and resolving the Armenian Genocide, it is urgent to adopt a more academic and evidence-based approach to address its legal aspects. This shift is crucial to finally achieve recognition and compensation. The majority of our efforts are focused on the past, on the history of the genocide, not its future, and not on the SCIENTIFIC and LEGAL ways to resolve the "Armenian cause". Let’s be honest: Armenians, both in Armenia and the Diaspora, have not been proactive enough. Much of our focus remains on the historical aspect of the Armenian Genocide rather than its future implications. There is a notable lack of concerted efforts to utilize scientific, legal avenues, and international organizations to advance our “Cause”. Many important legal questions remain unanswered and neglected, with few actively seeking viable solutions. We live in a constant state of melancholia! This prevailing sense of melancholy and sentimental attachment hinders our progress and undermines collective efforts. #armeniangenocide #genocide #armenia #armenian #humanrights #criminaljustice #internationalhumanitarianlaw #internationalcriminallaw #criminallaw #law #diaspora #justice

BRICS member South Africa takes Zionism to court by: Pepe Escobar: JAN 10, 2024 Pretoria's genocide case against Israel is crucial, not just to stop Tel Aviv's carnage in Gaza, but to plant the first flag of multipolarism in the globe's courtrooms: this is the first case of many that will seek to halt western impunity and restore international law as envisioned in the UN Charter. Pretoria's genocide case against Israel is crucial, not just to stop Tel Aviv's carnage in Gaza, but to plant the first flag of multipolarism in the globe's courtrooms: this is the first case of many that will seek to halt western impunity and restore international law as envisioned in the UN Charter. It took an African nation, not an Arab or Muslim nation, but significantly a BRICS member, to try to break the iron chains deployed by Zionism via fear, financial might, and non-stop threats, enslaving not only Palestine but substantial swathes of the planet. By a twist of historical poetic justice, South Africa, a nation that knows one or two things about apartheid, had to take the moral high ground and be the first to file a suit against apartheid Israel at the International Court of Justice (ICJ). The 84-page lawsuit, exhaustively argued, fully documented, and filed on 29 December 2023, details all the ongoing horrors perpetrated in the occupied Gaza Strip and followed by everyone with a smartphone around the planet. South Africa asks the ICJ – a UN mechanism – something quite straightforward: Declare that the state of Israel has breached all its responsibilities under international law since 7 October. And that, crucially, includes a violation of the 1948 Genocide Convention, according to which genocide consists of “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.” South Africa is supported by Jordan, Bolivia, Turkiye, Malaysia, and significantly the Organization of Islamic Cooperation (OIC), which combines the lands of Islam, and constitutes 57 member states, 48 of these harboring a Muslim majority. It’s as if these nations were representing the overwhelming majority of the Global South. Whatever happens at The Hague could go way beyond a possible condemnation of Israeli for genocide. Both Pretoria and Tel Aviv are members of the ICJ – so the rulings are binding. The ICJ, in theory, carries more weight than the UN Security Council, where the US vetoes any hard facts that tarnish Israel’s carefully constructed self-image. The only problem is that the ICJ does not have enforcement power. What South Africa, in practical terms, is aiming to achieve is to have the ICJ impose on Israel an order to stop the invasion – and the genocide – right away. That should be the first priority. https://lnkd.in/d53XuKZq

CIVILNET: "Can Artsakh Armenians reclaim their homeland?,” 9/19/2024, https://lnkd.in/eKWsAxmY "In this episode of Insights, we commemorate the one-year anniversary of the September 19 aggression that led to the ethnic cleansing of Artsakh Armenians, an event some legal experts consider the start of a genocide. The discussion delves deep into the critical issue of the right of return for Artsakh Armenians to their ancestral lands, exploring its historical context, legal ramifications, and the complex political landscape surrounding this fundamental human right.” Eric Hacopian: “In the harrowing days of late September of 2023, over 100,000 Armenians were forced to flee Nagorno-Karabakh, leaving behind their homes, their history, and the graves of their loved ones. In the midst of chaos and despair, some even exumed the bodies of their recently buried young sons or husbands to carry them to Armenia. Within less than a week, no Armenians remained in Nagorno-Karabakh, except for a handful of 5 to 10 people. The region inhabited by Armenians for millennia was emptied in a matter of days. ... "This notion where you can have peace built on criminality that we saw last last year is quite naive. ... "What everyone must understand is for peace to be durable and long-standing it needs to be just, it cannot be separated from justice. Peace is not simply the absence of war. True peace comes from justice being served and in this case it's people returning to their homes to live peacefully, under legal protections that are guaranteed by the international community. "In conclusion, the return of the Armenians of Nagorno-Karabakh to their ancestral home under international protection is not just a matter of law, it's a matter of dignity, identity, and most importantly the only path to long sustainable peace."

𝐈𝐂𝐉 𝐑𝐮𝐥𝐞𝐬 𝐈𝐬𝐫𝐚𝐞𝐥'𝐬 𝐎𝐜𝐜𝐮𝐩𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐏𝐚𝐥𝐞𝐬𝐭𝐢𝐧𝐢𝐚𝐧 𝐓𝐞𝐫𝐫𝐢𝐭𝐨𝐫𝐢𝐞𝐬 𝐈𝐬 𝐔𝐧𝐥𝐚𝐰𝐟𝐮𝐥 The International Court of Justice (ICJ) has determined that Israel's ongoing presence in the occupied Palestinian territories is unlawful and must conclude “as swiftly as possible.” The court stated that Israel lacks sovereignty over these regions and is violating international laws that prohibit acquiring territory by force. This ruling underscores the urgent need for constructive dialogue and efforts toward achieving peace and justice in the region, highlighting the importance of upholding international law. #ICJ #InternationalLaw #Peace #Palestine #Justice #HumanRights #Gaza #Victory #Islam #StopGenocide

Beyond the ongoing #hybrid #warfare, #diplomatic debates, emotions and politics, I recommend the well-balanced and sober #legal arguments by Dr. Christian Walter, professor for Public International Law, at Ludwig-Maximilians-Universität München, how #Germany should position itself in the International Court of Justice (ICJ) case of #SouthAfrica accusations of #genocide against #Israel. At the end of his article he puts also he attention to the "Unfortunate focus on the accusation of genocide", a turn which may surprise many readers. "However, it must not be overlooked that the scope of the ICJ’s jurisdiction depends on prior consent by the parties to the dispute. Under the Genocide Convention, the contracting parties declared their consent to the jurisdiction of the ICJ as early as 1948. Unfortunately, however, this does not apply to most of the other rules applicable to the conflict between Israel and Palestine. Therefore, the ICJ lacks jurisdiction with regard to international humanitarian law, international human rights guarantees and, above all, the UN Charter and the right of self-defense. This limitation leads to a very unfortunate focus of public attention on the accusation of genocide and, at the same time, limits the ICJ’s options regarding its decisions." Völkerrechtsblog Auswärtiges Amt (Federal Foreign Office) Germany Manuel Grubenbecher LL.M. Joachim Krause Jan Techau Harvard Law School The Program on Negotiation Public International Law & Policy Group Read the full article published Januar 12th at Verfassungsblog https://lnkd.in/evnbu3fJ

Keti Koti (also Keti-Koti or ketikoti) means "broken chains" in the Surinamese language Sranan Tongo, marking the abolition of slavery in Suriname and the Dutch Caribbean on July 1, 1863. Today, we honour the resilience and strength of those who fought for freedom and justice in the past, helping us to reimagine our future ✊🏽 #ketikoti #racialjustice #antiracism #socialjustice

Many of you have asked me about the key points and conclusions of my book on the 1915 Armenian Genocide. The aim of my work was to find a solution for the “Armenian cause”, based on international law, with objectivity, and impartiality. It was like a mission to find a remedy for a long-standing issue. In the book, I addressed the genocidal nature of the crime committed against the Armenians in 1915, the retroactivity of the 1948 Convention, the responsibility of modern Turkey, the parties who could seek legal action, the competent judicial authority to settle the “Armenian cause” or to submit any claim, and the possible pathways for resolving it. I also examined whether it’s still possible to resolve the “Armenian cause” legally, or if it’s now only a matter of history, leaving political settlement as the only option. The book was the culmination of years of research, and I hope it offers new insights and potential solutions to this historical issue. Thank you for your continued interest and support. Feel free to reach out with any questions or thoughts! You can find my book at the following link: https://lnkd.in/enPMmV2y #armeniangenocide #genocide #armenia #armenian #humanrights #criminaljustice #internationalhumanitarianlaw #internationalcriminallaw #criminallaw #book #newbook #justice

#politics At the International Court of Justice (ICJ) in The Hague, The Netherlands, Israel responded to South Africa’s allegation that the Zionist state is committing genocide against the Palestinians in Gaza. Israel’s defense is that it is at war with Gaza in self-defense in response to the attacks by Hamas which was governing Gaza on October 07, 2023. The country could have been sassy and more aggressive by arguing that “Israel is a diverse country even though the state religion is Judaism, has been founded by Zionism after the Holocaust, language is Hebrew, and we have many Palestinians and Arab speakers who are Israeli citizens, with no recognition of a separate Palestinian state yet by Israel in diplomatic reciprocation to non-recognition of the Israeli state by Hamas and its explicitly stated purpose to destroy the state of Israel which is evidence of Hamas’ intent on 10/07. We did not kill Palestinians who are Israeli citizens within Israeli borders which renders the charge of genocide moot.” Hamas said it and did it. As much as there is great diplomatic opportunity in Israel making the above argument for a permanent settlement of the Palestinian question and peace, and as much as Hamas is culpable, so is Israel for taking matters into its own hands rather than itself going to The Hague against Palestine without waging the ongoing highly destructive war. The world order of the United Nations and its institutions and the rule of law is no different from the rule of law in any country of the world. When there is either a civil or criminal infraction of any law, the victim goes to law enforcement and court, not shoot taking matters into his own hands. This same process is applicable to all member countries of the United Nations. Conflict resolution between countries when there is violence by one country on another should be a law enforcement matter under international law, not a cause of war.

In its Advisory Opinion published on Friday, July 19, 2024, the International Court of Justice #ICJ concludes that Israel’s ongoing presence in the “Occupied Palestinian Territory”, including East Jerusalem, violates the Palestinian right to self-determination and is illegal. The Court’s findings and conclusions were supported by 11 of the fifteen judges. Three of the judges differed on certain aspects. One judge – Vice-President Sebutinde – rejected the Opinion and issued a Dissenting Opinion. Andrew Tucker, Director of The Hague Initiative for International Cooperation (thinc.). said “Judge Sebutinde’s Dissent shows how the Opinion completely lacks historical context. The Court assumes that the Jewish people have no connection with these so-called “occupied” territories. It does not even inquire into the history of this territory or conflict. According to the court, “occupation consists of the exercise by a state of effective control over foreign territory”. Yet the Court, by its own admission, makes no inquiry into the question whether Jerusalem, Judea and Samaria are “foreign territory”. In fact, the Court provides no factual evidence or legal reasoning to support the conclusion that these territories are “Palestinian”. At what point in time did they become Palestinian? The Court provides no answer. #internationallaw #thinc #hague #israel #palestinians #court #icj #unitednations Image credit: Peace Palace, UN.org

Historical examples, such as the support for the Shah of Iran's authoritarian regime or the backing of certain Arab dictatorships in the Middle East, despite their records of human rights violations, illustrate this pattern of selective morality. Similarly, ongoing conflicts in regions like Kashmir and Gaza, where human rights abuses occur amid complex geopolitical dynamics, often receive less attention or condemnation from Western powers compared to other issues. The perception of double standards in Western approaches to human rights can undermine the credibility and effectiveness of international efforts to promote human rights and hold violators accountable. It erodes trust in Western leadership and fosters skepticism about the sincerity of human rights advocacy when political expediency appears to take precedence over ethical principles. #double standards