ECHR Retroactive Jurisdiction and the Possibility of Compensations for the Armenian Properties Confiscated during and after the Armenian Genocide: A Brief Analysis

Abstract

This article examines retroactive jurisdiction of the European Court of Human Rights (ECtHR) for the possibility to litigate compensations for the Armenian properties confiscated during and after the Armenian Genocide. The study considers ECtHR platform for the Armenian Genocide reparations, as ECtHR is the most effective human rights regional Court to compel Turkey to protect human rights and remedy for violations. The paper considers only European Convention on Human Rights (Convention) Article 1 Protocol 1 to avoid as much as possible politicizing this study. Considering the fact that a long time has passed since the confiscations, this study considers ratione temporis jurisdiction of the ECtHR. Acknowledgment This work was made possible by a research Grant (HU-hist-1289) from the Armenian National Science and Education Fund (ANSEF), based in New York, USA.

Keywords

• reparations
• compensations
• European Court of Human Rights (ECtHR)
• European Convention on Human Rights (Convention)
• confiscation
• abandoned property