The decision of U.S. Federal Court of Appeals will bring permanent results for the legal aspect of the issue of so called Armenian genocide. Although we could not handle this issue because of busy domestic agenda, this development is very important.
Before any other thing, this decision is a serious blow to Armenian diaspora in United States which seemingly forms an obstacle for rapprochement with Armenia. This could be thought as the second blow to Armenian diaspora, after Obama’s April 24th speech in which he did not use the term “genocide.”
Because the decision of U.S. Federal Court of Appeals prohibits heirs of Ottoman Armenians to sue foreign and American assurance companies for compensation.
But more than that, the decision settles the term of “Armenian genocide” into a legal framework.
A few years ago an assurance company, “New York Life” had paid $20 million to Armenians. As a result of another lawsuit, French assurance company AXA had paid $17 million to Armenians. There are another lawsuits that are waiting for decision.
These lawsuits are important for Turkey because they mean that the term of “Armenian genocide” were being recorded in American regulatory. But the Federal Court decided that the law of State of California that allows heirs of Ottoman Armenians to sue assurance companies for unpaid claims, is violating constitution.
According to the Federal Court, that law of State of California is violating the right of U.S. administration to follow a policy that is assured by constitution. Because U. S. government does not recognize so called Armenian genocide.
Because the decision is made by Federal Court, other states have to obey this decision too. Briefly speaking, as long as U.S. President does not say “genocide” with his own will or due to pressure from Congress, the term of “Armenian genocide” will not have legal basis. In fact, as long as the relations between Turkey and United States preserves its strategical importance.
Attorneys of Armenian lobby are searching for ways to cassation of U.S. Federal Court decision. But there is a problem awaiting for them. Federal Court has a general approach in this issue, i mean this is not only against Armenian genocide allegations.
Representative of Armenians, Attorney Brian S. Kabateck expressed the general concern of Armenians as, “The logical result of this decision is that 40 states which recognized genocide will have to step back.”
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