The Spirit of the Laws
The Plunder of Wealth in the Armenian Genocide
1st Edition
Published on 1. November 2017
Book
Paperback/Softback
220 pages
978-1-78533-755-0 (ISBN)
Description
Pertinent to contemporary demands for reparations from Turkey is the relationship between law and property in connection with the Armenian Genocide. This book examines the confiscation of Armenian properties during the genocide and subsequent attempts to retain seized Armenian wealth. Through the close analysis of laws and treaties, it reveals that decrees issued during the genocide constitute central pillars of the Turkish system of property rights, retaining their legal validity, and although Turkey has acceded through international agreements to return Armenian properties, it continues to refuse to do so. The book demonstrates that genocides do not depend on the abolition of the legal system and elimination of rights, but that, on the contrary, the perpetrators of genocide manipulate the legal system to facilitate their plans.
Reviews / Votes
"This book is a valuable addition to filling the gaps of our understanding of genocide and helps readers navigate complex terrain in the case study presented... I recommend this book as a case study to be included in graduate level courses. In addition to its thorough review of the questionable statecraft of genocidal states, it is a reminder of the merits of engaged scholarship. Akcam and Kurt, by sharing their research as an act of solidarity with citizens who continue to challenge state restraints and master narratives based on genocide, make a contribution to the ongoing process of crafting a just society." * Histoire Sociale/Social History"[This volume] will make an invaluable contribution to the field of genocide studies. It is meticulously researched and features superb attention to detail." * Deborah Mayersen, University of Wollongong
"Akcam and Kurt have written a fundamentally important book... We know that genocides are accompanied by the expropriation of the assets possessed by the targeted population... But nothing like that has been done for the Armenian Genocide-until now." * Eric Weitz, CUNY City College
More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Target group
College/higher education
Product notice
Paperback (trade)
Illustrations
Bibliography; Index
Dimensions
Height: 229 mm
Width: 152 mm
Thickness: 12 mm
Weight
326 gr
ISBN-13
978-1-78533-755-0 (9781785337550)
DOI
10.3167/9781782386230
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
E-Book
07/2015
Berghahn Books
€88.99
Available for download
E-Book
07/2015
1st Edition
Berghahn Books
€24.49
Available for download
Persons
Taner Akcam holds the Kaloosdian and Mugar Chair of Armenian Genocide Studies at Clark University. His best-known books are A Shameful Act: The Armenian Genocide and the Question of Turkish Responsibility (Metropolitan Books, 2006); Judgment at Istanbul: The Armenian Genocide Trials, with Vahakn Dadrian (Berghahn Books, 2011); and The Young Turks' Crime Against Humanity: The Armenian Genocide and Ethnic Cleansing in the Ottoman Empire, (Princeton University Press, 2012), which in 2013 received the Middle East Studies Association's Hourani Book Prize and was listed by Foreign Affairs as "Best International Relations Books of 2012."
Content
Introduction
Chapter 1. The Laws and Decrees of the Committee of Union and Progress Period
The Decrees and Regulations of 17, 30 and 31 May 1915
The Regulation of 10 June 1915
The Temporary Law of 26 September 1915 and the Regulation of 8 November 1915
A Brief Evaluation
Chapter 2. The Armistice Period and the Returning Armenians
The First Ones Returning from Deportation
12 January 1920: The Ittihadist Laws Are Annulled
A Brief Evaluation
The Treaty of Sevres of 10 August 1920
The Prohibition against the Return of Greeks and Armenians Staying Outside of Turkey
The Articles of Law Used to Prevent Their Return
Policies to Obstruct Repatriation
The Prohibition of Domestic Travel and Migration
A Brief Evaluation
Chapter 3. The Turkish Republic Prior to Lausanne
The First Laws and Regulations of the Turkish Grand National Assembly
The 20 April 1922 Abandoned Properties Law
The Regulations of November to December 1922
Regulations Relevant to Istanbul
The 14 September 1922 "Abrogation of the Property Regulation"
Why Was There a Return to the Ittihadist Laws of the Genocide?
The Plunder of Izmir and the Independence Tribunals
Return to the Ittihadist Mentality: The 15 April Law and 29 April Regulation of 1923
A Brief Evaluation
Abandoned Properties and National Tax Obligations (Tekalif-i Milliye)
Chapter 4. The Treaty of Lausanne: A Turning Point
The Abandoned Properties Question in the Negotiations and Treaty
Mass and Individual Repatriations and the Armenian Homeland
A Plan to Expel the Armenian Population
The Question of the Belongings Which Were Left Behind
The Amnesty: Draft Proposal and Final Form
The Lausanne Regulations: The Question of Nationality
The Lausanne Regulations: Property, Rights and Interests, or, The Issue of Compensation
A Brief Evaluation of Lausanne
Chapter 5. After Lausanne: The Armenians Remaining Outside of Turkey
The Treaties of Alexandrapol (Gyumri), Kars and Moscow
Turkey-France: A Pair of Treaties
The 25 October 1934 Turkey-US Compensation Treaty
An Interim Note on the US Compensation Treaty
The International Commission and Mixed Arbitral Tribunals
Chapter 6. Turkey after Lausanne: Virtually Raising a Wall around Its Borders Like a Fortress
Armerican Armenians Are Not Permitted to Enter Turkey
The Return of the Armenians: A Question of the Honor and Pride of the State
"To Allow Their Return...Means to Waste the Blood We Spilled"
The Legal Vacuum Created by Lausanne on Repatriation
The Travel Regulation: Bans on Entry into the Country and Domestic Travel
Prohibitions on Domestic Travel
Passport Laws
Chapter 7. Domestic Legal Regulations During the Republican Period
The First Adjustments
The 13 June 1926 Regulation
1928: The Distribution of Title Deeds and the Transfer of Revenue to the Treasury Begin
The 22 April 1963 Constitutional Court Decision
The Citizenship Laws of 1928 and 1964
Those Removed from Citizenship and the Liquidation of Their Properties
The Abandoned Properties Laws and the Present Situation
The 1983 and 2001 Circulars of the General Directorate of Land Registry and Cadaster
Profound Fear: Title Deed Registries
Conclusion
Bibliography
Index
Chapter 1. The Laws and Decrees of the Committee of Union and Progress Period
The Decrees and Regulations of 17, 30 and 31 May 1915
The Regulation of 10 June 1915
The Temporary Law of 26 September 1915 and the Regulation of 8 November 1915
A Brief Evaluation
Chapter 2. The Armistice Period and the Returning Armenians
The First Ones Returning from Deportation
12 January 1920: The Ittihadist Laws Are Annulled
A Brief Evaluation
The Treaty of Sevres of 10 August 1920
The Prohibition against the Return of Greeks and Armenians Staying Outside of Turkey
The Articles of Law Used to Prevent Their Return
Policies to Obstruct Repatriation
The Prohibition of Domestic Travel and Migration
A Brief Evaluation
Chapter 3. The Turkish Republic Prior to Lausanne
The First Laws and Regulations of the Turkish Grand National Assembly
The 20 April 1922 Abandoned Properties Law
The Regulations of November to December 1922
Regulations Relevant to Istanbul
The 14 September 1922 "Abrogation of the Property Regulation"
Why Was There a Return to the Ittihadist Laws of the Genocide?
The Plunder of Izmir and the Independence Tribunals
Return to the Ittihadist Mentality: The 15 April Law and 29 April Regulation of 1923
A Brief Evaluation
Abandoned Properties and National Tax Obligations (Tekalif-i Milliye)
Chapter 4. The Treaty of Lausanne: A Turning Point
The Abandoned Properties Question in the Negotiations and Treaty
Mass and Individual Repatriations and the Armenian Homeland
A Plan to Expel the Armenian Population
The Question of the Belongings Which Were Left Behind
The Amnesty: Draft Proposal and Final Form
The Lausanne Regulations: The Question of Nationality
The Lausanne Regulations: Property, Rights and Interests, or, The Issue of Compensation
A Brief Evaluation of Lausanne
Chapter 5. After Lausanne: The Armenians Remaining Outside of Turkey
The Treaties of Alexandrapol (Gyumri), Kars and Moscow
Turkey-France: A Pair of Treaties
The 25 October 1934 Turkey-US Compensation Treaty
An Interim Note on the US Compensation Treaty
The International Commission and Mixed Arbitral Tribunals
Chapter 6. Turkey after Lausanne: Virtually Raising a Wall around Its Borders Like a Fortress
Armerican Armenians Are Not Permitted to Enter Turkey
The Return of the Armenians: A Question of the Honor and Pride of the State
"To Allow Their Return...Means to Waste the Blood We Spilled"
The Legal Vacuum Created by Lausanne on Repatriation
The Travel Regulation: Bans on Entry into the Country and Domestic Travel
Prohibitions on Domestic Travel
Passport Laws
Chapter 7. Domestic Legal Regulations During the Republican Period
The First Adjustments
The 13 June 1926 Regulation
1928: The Distribution of Title Deeds and the Transfer of Revenue to the Treasury Begin
The 22 April 1963 Constitutional Court Decision
The Citizenship Laws of 1928 and 1964
Those Removed from Citizenship and the Liquidation of Their Properties
The Abandoned Properties Laws and the Present Situation
The 1983 and 2001 Circulars of the General Directorate of Land Registry and Cadaster
Profound Fear: Title Deed Registries
Conclusion
Bibliography
Index