Challenging Political Recognitions of a Crime of Genocide: a Legal Perspective on Perincek v. Switzerland Case
Challenging Political Recognitions of a Crime of Genocide: a Legal Perspective on Perincek v. Switzerland Case

Author(s): Kamal Makili-Aliyev
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, International Law, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: International criminal law; Human rights; Interpretation; Armenia; Turkey;
Summary/Abstract: This article examines the legal implications of the "Armenian genocide" concept and the consequences of pursuing political recognition rather then legal scrutiny. It focuses on the European Court of Human Rights' (ECtHR) ruling in Perincek v. Switzerland, discusses the legal reasoning behind the ruling, and explores its significance in challenging the political recognition of the "Armenian genocide". It also compares the "Armenian genocide" to another instance of contested genocide and highlights the need for legal review in such cases. The ECtHR's ruling in Perincek v. Switzerland emphasizes the importance of freedom of expression and the need for a legal consensus on the matter. The Court refrains from determining whether the 1915 events constitute genocide but underscore the necessity of legal scrutiny over political recognition. This article highlights the importance of legal review in recognizing historical events as genocide. The ECtHR's ruling in Perincek v. Switzerland serves as a significant precedent, emphasizing that political recognition cannot replace legal scrutiny in addressing sensitive legal matters such as genocide. The international community should relay on courts, rather than political bodies, to make determinations about genocide and other international crimes.

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