Turkish Forum

Category: Harut Sassounian

Harut Sassounian is the Publisher of The California Courier, founded in 1958. His weekly editorials, translated into several languages, are reprinted in scores of U.S. and overseas publications and posted on countless websites.<p>

He is the author of “The Armenian Genocide: The World Speaks Out, 1915-2005, Documents and Declarations.”

As President of the Armenia Artsakh Fund, he has administered the procurement and delivery of $970 million of humanitarian assistance to Armenia and Artsakh during the past 34 years. As Senior Vice President of Kirk Kerkorian’s Lincy Foundation, he oversaw $240 million of infrastructure projects in Armenia.

From 1978 to 1982, Mr. Sassounian worked as an international marketing executive for Procter & Gamble in Geneva, Switzerland. He was a human rights delegate at the United Nations for 10 years. He played a leading role in the recognition of the Armenian Genocide by the U.N. Sub-Commission on Prevention of Discrimination and Protection of Minorities in 1985.

Mr. Sassounian has a Master’s Degree in International Affairs from Columbia University, and a Master’s in Business Administration from Pepperdine University.

  • Sassounian’s column of Feb. 3, 2011

    Sassounian’s column of Feb. 3, 2011

    Turks and Germans:
    Partners in Crime and Allies in Court
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    Last month, when German life insurance companies requested a rehearing from a Federal Court of Appeals, contesting its decision in favor of Armenian claimants, the Republic of Turkey filed an “amicus curiae” (friend of the court) petition in support of the German defendants.
    This was an intriguing development. The heirs of now deceased Armenian policyholders were suing German insurance companies; and Turkey — not a party to the lawsuit — was shamelessly siding with the delinquent firms. No one was demanding payment from the Turkish government! Why would Turkey, a foreign country, interfere in a U.S. lawsuit against German companies?
    The Turkish petition is a 15-page-long propaganda piece that denies the facts of the Armenian Genocide. It describes the United States and Turkey as working “shoulder-to-shoulder,” adding that 120,000 Turks reside in the United States, and that 700,000 Americans visit Turkey every year. The Turkish brief does not explain, however, how any of these assertions have any relevance to the failure of German insurance companies to compensate the heirs of Armenian policyholders.
    The Turkish petition attacks the California law extending the statute of limitations on Armenian claims against insurance companies by heirs of genocide victims. It alleges that the California statute “offends Turkey’s sovereignty by legislating Turkish history and by declaring Turkey and its predecessor state guilty of the crime of genocide.” The petition goes on to state: “Turkey resents having any U.S. legislature or other official formulate its own definition of genocide specifically to declare that Turkey or its predecessor state is guilty of this crime.” Ironically, the Turkish government never expressed any resentment or complaint when 42 U.S. states and many American cities were recognizing the Armenian Genocide in recent decades. Ankara justified its inaction by claiming that its counterpart is the federal government, not individual states or cities.
    The Turkish petition lamely claims that foreign states can not “monitor and react to the individual actions of fifty state legislatures and governors. Rather, Turkey’s interlocutor with the fifty United States is the U.S. federal government.” It then quotes from Turkish Ambassador Nabi Sensoy’s letter to the Court of Appeals on December 4, 2008, stating that “Turkey has not as such protested state proclamations on this historic controversy because it conducts it (sic) foreign affairs directly with the U.S. Federal Government, primarily the Executive Branch. We do not have similar relations with the states.”
    The petition falsely refers to the Genocide as “mutual suffering of Ottoman Armenians and Turks” and “wartime misery.” It flippantly dismisses Pres. Reagan’s 1981 Proclamation acknowledging the Armenian Genocide, and omits any reference to the two Congressional resolutions of 1975 and 1984 recognizing the Genocide. Instead, the Turkish government proudly proclaims that no new resolutions were adopted on this subject during the Obama administration!
    The Turkish government drops a bombshell by revealing in its petition that Prime Minister Erdogan had written to Pres. Obama on December 19, 2010, complaining about the Federal Appeals Court’s decision that “the position of the US administration is not against the recognition of ‘genocide’ at the state or federal level.” This is yet another blatant attempt by a foreign leader to intervene in U.S. court proceedings. Interestingly, the petition discloses only a portion of Erdogan’s letter to Obama, claiming that “the balance of this letter constitutes a confidential diplomatic communication.”
    The appeals court should either reject the Turkish petition as unwarranted interference by a foreign power in American judicial proceedings or demand the release of the full text of Erdogan’s letter to verify the accuracy of the quoted portion and to confirm if it includes any other reference to the lawsuit. The Turkish government cannot hide behind “diplomatic confidentiality,” as it has waived the claim of “privileged communication” by selectively disclosing portions of the letter.
    In their petition, Turkish officials make the misleading suggestion that the Armenia-Turkey Protocols, signed over a year ago, “will seek to overcome all hurdles in their present relations, and jointly consider the historic controversy.” The authors of the disingenuous Turkish petition cleverly conceal from federal judges the fact that they have not ratified the Protocols and have no intention to do so. Ankara is attempting to exploit the now defunct Protocols to quash a legitimate lawsuit against German insurance companies.
    The Turkish government has attached two letters to its petition, one signed by its Ambassador to the U.S., and the other by the Chairman of the Turkish Parliament’s Foreign Affairs Committee. The Federal Appeals Court should promptly disregard both letters, along with the petition, as propaganda materials lacking any legal merit or standing.

  • German Insurance Companies Should Stop Cheating their Armenian Clients

    German Insurance Companies Should Stop Cheating their Armenian Clients

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    By Harut Sassounian

    Publisher, The California Courier

    German firms filed a petition for a rehearing by the full 9th Circuit Court of Appeals, after a panel of three judges of that court had ruled that heirs of Armenian Genocide victims could seek payment from life insurance companies operating in the Ottoman Empire.

    Rather than spending a fortune on high-powered lawyers, German insurance companies should promptly settle this case and pay the compensation owed to heirs of perished Armenian policy-holders. Many Armenian residents of the Ottoman Empire trusted these European companies and dutifully paid their premiums so that someday, when they passed away, their families would receive the proceeds of their policies.

    This lawsuit has nothing whatsoever to do with genocide recognition or rights of states vis-a-vis the federal government. These German companies have violated their contractual agreements and failed to live up to their promises to Armenian policy holders. Their heirs are entitled to receive the payments owed to them, regardless of whether their ancestors were killed by genocidal maniacs or drunk drivers! The only relevant issue here is that upon their deaths, the heirs should have been promptly paid in keeping with the terms of the life insurance policies.

    Instead, these German companies have avoided meeting their financial obligations for almost a century, and shamefully use Turkish denialist propaganda as their cover. Their lawyers even quote from revisionist materials posted on the Turkish Embassy’s website. If these companies had filed a similar motion denying the Jewish Holocaust and quoting from neo-Nazi websites, they would have been out of business within 24 hours!

    The lawyers argue that recognition of the Armenian Genocide by the U.S. government would “cause great harm to the nation’s foreign policy interests.” It is preposterous that German insurance companies are using such irrelevant arguments in order to continue enriching themselves. Safeguarding the interests of this nation is the responsibility of the U.S. government, not that of German companies.

    In their appeal, the lawyers for the German firms cleverly start their recitation of the record on U.S. recognition of the Armenian Genocide by citing only the last three American Presidents, because during their term in office the House of Representatives did not adopt new congressional resolutions on the Armenian Genocide.

    Fortunately, U.S. history does not start with the year 2000. The lawyers conveniently ignore the fact that the U.S. government first acknowledged the Armenian Genocide back in 1951 in a document it submitted to the International Court of Justice (World Court). Since then, the House of Representatives on two occasions — 1975 and 1984 — adopted resolutions commemorating the Armenian Genocide, and in 1981, Pres. Reagan issued a Presidential Proclamation mentioning the Armenian Genocide. Furthermore, 42 U.S. states and scores of American cities have acknowledged the Armenian Genocide during the past 50 years. The federal government has never objected to or expressed disagreement with any of those actions. If recognizing the Armenian Genocide is not in the best interest of the United States, as these lawyers contend, then Pres. Reagan, the U.S. Justice Department, hundreds of House members who voted for the Genocide Resolution, thousands of legislators in 42 states, and scores of Mayors and Governors must be anti-American!

    In fact, these historic affirmations are far more relevant to this case than the politically-motivated and morally bankrupt pronouncements of the last three U.S. Presidents. When California adopted a law in 2000 extending the statute of limitation on insurance claims by Armenian Genocide victims, it did so on the basis of the extensive record of U.S. recognition up to that time. Since then, no new resolutions were adopted and no votes cast contradicting this historical record. No U.S. official has ever denied the truthfulness of the Armenian Genocide. In reality, that record has been strengthened considerably by the fact that during the terms in office of the last three Presidents, successive House committees, on at least four occasions — 2000, 2003, 2007 and 2010 — have adopted resolutions acknowledging the Armenian Genocide.

    The most ridiculous aspect of the German companies’ appeal is their attempt to justify their irresponsible behavior by citing this writer as an “authority” and quoting from one of my articles in which I criticize Pres. Obama for referring to the Armenian Genocide as “Meds Yeghern.” Ken Hachikian, Chairman of the Armenian National Committee of America, is also listed as an “authority.” He too had complained about Obama’s use of that term. Pres. Obama’s choice of words has no relevance to the fact that these companies have cheated their Armenian clients and their heirs by not paying the payments owed to them.

    Rather than filing an appeal, it is high time for German life insurance companies to stop playing games with the legitimate claims of their perished clients, and promptly pay what they owe to their descendants.

  • Turkish Prime Minister Shoots Himself in the Foot Again

    Turkish Prime Minister Shoots Himself in the Foot Again

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    Prime Minister Erdogan embarrasses himself and his government just about every time he opens his mouth! His angry statements, often bewildering and insulting, give Turkey a black eye internationally and provide fresh ammunition to his domestic opponents.
    A year ago, the Prime Minister threatened to deport 100,000 Armenians from Turkey, thereby reminding everyone around the world that Ankara’s present leaders are not much different from their bloodthirsty forefathers who deported and killed 1.5 million Armenians during the Genocide of 1915-23. After he was roundly condemned at home and abroad, Erdogan explained that he had meant to deport only undocumented workers from Armenia. When told that the 100,000 figure included both native and foreign Armenians, the Prime Minister blamed his aides for giving him faulty population figures!
    Erdogan made another faux pas early this month during a visit to Kars, when he called for the demolition of a gigantic monument symbolizing “Armenia-Turkey Friendship.” The 100-foot, 1,500-ton unfinished statue was commissioned by the city’s former mayor who believed that reconciliation and open borders with Armenia would boost his city’s sluggish economy. The monument depicted the figure of a man sliced into two, extending a hand of friendship to his other half. Calling the statue “freakish” or “grotesque,” the Prime Minister urged the new mayor to have the $1.5 million monument torn down before his next visit.
    By calling the Kars monument an “ugly” work of art, Erdogan unleashed a torrent of criticism and triggered a chain of events that made him the laughing stock of the world:
    — Erdogan’s political opponents accused him of pandering to the city’s Azeri voters who vehemently oppose any reconciliation with Armenia. They attributed the Prime Minister’s demolition order to crass electoral motives rather than to his artistic taste.
    — Turkey’s Culture Minister tried to come to Erdogan’s rescue by claiming that the Prime Minister had called the surrounding shanty houses “freakish,” rather than the statue itself. Undeterred, Erdogan embarrassed his Minister by rebuking him and repeating his earlier statement. Next, Deputy Prime Minister Bulent Arinc jumped into the fray by wishing that “God would spare him from finding himself in the same awkward situation as the Culture Minister.”
    — Even Ahmet Davutoglu, Turkey’s much-touted Foreign Minister, got into the act, vainly trying to make his Prime Minister look good. Davutoglu claimed that the real problem with the monument was that it “fails to blend into the Seljuk, Ottoman and Russian character” of Kars. In a sarcastic retort, The Economist of London accused Davutoglu of conveniently erasing the city’s “Armenian legacy,” adding that “a long-abandoned tenth-century Armenian church recently reopened — as a mosque!”
    — Mehmet Aksoy, the well-known sculptor of the monument, compared Erdogan’s order to the Taliban’s demolition of ancient Buddha statues in Afghanistan. Aksoy warned that Turkey’s image would suffer terribly should the monument be blown up. He threatened to sue the Prime Minister for insulting his artwork.
    — The international media excoriated Erdogan by ridiculing his artistic taste and exposing his crass political motives. The Wall Street Journal, The Economist, the Associated Press, Radio Free Europe, Reuters, BBC, the Washington Post, Liberation, and hundreds of other media outlets, condemned Erdogan’s destructive directive.
    — Several Turkish journalists questioned the Prime Minister’s right and authority to have a statue removed and destroyed.
    — Armenia’s Foreign Minister reacted indignantly to Erdogan’s statement and urged him to build a new foundation for normalizing bilateral relations, rather than damaging them. Most commentators interpreted the Prime Minister’s detrimental words as the last nail in the coffin of the unconsummated Armenia-Turkey Protocols.
    Not surprisingly, Mubariz Gurbanli, a member of Azerbaijan’s Parliament, expressed his pleasure with Erdogan’s order to demolish the “Armenia-Turkey Friendship” statue. Gurbanli was correct in pointing out: “There is no need to erect a monument to the non-existent friendship with Armenia.”
    Of course, tearing down monuments is nothing new for Azeri and Turkish officials. A few years ago, Azerbaijan demolished thousands of historic Armenian khatchkars (cross-stones) at a cemetery near Julfa, Nakhichevan, seeking to emulate the Turkish government’s wholesale destruction of hundreds of Armenian churches and monuments ever since the Genocide. Indeed, Erdogan himself is continuing the age-old tradition of his predecessors in ordering the destruction of the Kars “friendship” statue.
    If Davutoglu and Erdogan are truly sincere in promoting Armenian-Turkish friendship, they should promptly demolish the monstrous “genocide monument” built in Igdir in 1997, consisting of five 130-foot swords thrust towards the sky, intended to perpetuate the great lie about Armenians killing Turks!

  • Sassounian’s column of Dec. 30, 2010

    Sassounian’s column of Dec. 30, 2010

    Resolute Response Required to Pelosi’s
    Failure on Genocide Resolution
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    Armenians worldwide are justifiably outraged by the refusal of Speaker Nancy Pelosi and House Democratic leadership to bring the Genocide Resolution to a vote.
    Cong. Pelosi had “the majority, the authority, and the opportunity” to schedule a vote on the Armenian Genocide Resolution, but failed to do so, the Armenian National Committee of America announced last week. Why didn’t she bring up the Resolution to a vote? It is important to note that contrary to their previous practice, neither the President nor the Secretary of State made any public statements against the Resolution. They did not have to; they had made a behind the scenes deal with Speaker Pelosi not to schedule a vote on the Resolution before Congress adjourned for the year, according to a knowledgeable Washington source. Under these circumstances, the self-serving claims of Turkey’s Ambassador and Turkish-American organizations that their belated actions blocked the vote were complete exaggerations, if not outright falsehoods, and inconsequential!
    The Armenian Genocide Resolution is neither the beginning nor the end of Armenian political demands. Here is why: this is a commemorative resolution with no force of law; similar Genocide Resolutions were adopted by the House of Representatives twice, in 1975 and 1984; and such resolutions are only a means to an end.
    What is the real objective of the Armenian Cause? Obtaining justice for Armenians from the descendants of those who not only butchered them, but occupied their homeland and confiscated their properties.
    Turkey’s Foreign Minister Ahmet Davutoglu stated last week that the Resolution was like “the sword of Damocles hanging above our heads.” He expressed the hope that such initiatives would not be brought up again in Congress as they wasted Turkey’s energy and time. The threat felt by Turkish leaders a century after their ancestors’ heinous crimes and the waste of their valuable resources to counter the Resolution are reason enough for Armenians to bring such initiatives to every legislative body in the world year after year. Moreover, each time Turkish leaders demand that a U.S. President block such a resolution, in return they are obligated to make costly political concessions to the American side.
    Armenian-American organizations, led by ANCA, must now make a dispassionate strategic assessment to consider their next moves:
    1. File lawsuits against Turkey and Turkish firms in U.S. federal courts, the European Court of Human Rights, and the World Court.
    2. Increase the number of “hanging swords” on Turkish leaders’ heads by submitting multiple congressional resolutions that go beyond genocide acknowledgment. Among other things, these could include restitution of confiscated Armenian properties and return of churches to the jurisdiction of the Armenian Patriarchate of Turkey.
    3. Capitalize on Turkish leaders’ anti-western policies and statements to generate support for Armenian issues among the new Republican majority in the House.
    Here are some preliminary thoughts on specific actions that could be considered by Armenian-American leaders in the coming weeks:
    1. Steps to be taken against Minority Leader Pelosi and House Democratic leaders as political payback for their obstructionism. It is now up to them to woo their disappointed Armenian supporters with a series of concrete actions, not promises, to undo the damage they have caused to their own credibility.
    2. Start planning for the 2012 elections to ensure that no Armenian-American would cast a vote or contribute a single dollar for Pres. Obama or any other member of Congress, Democrat or Republican, opposed to Armenian issues.
    3. Assess the inaction of leaders in Armenia and the Diaspora who did not lift a finger nor utter a word in support of the Genocide Resolution, while Turkey’s President, Prime Minister and Foreign Minister were pressuring Pres. Obama and Secretary of State Hillary Clinton to block the vote.
    4. Capitalize on the activism of the newly-energized Armenian-American community, especially the youth and celebrities such as Kim Kardashian and Serj Tankian, to engage them in creative ways of pursuing the Armenian Cause.
    5. Support Senators who have an interest in placing a new “hold” against Francis Ricciardone or his replacement as nominee for U.S. Ambassador to Turkey. There has been no U.S. Ambassador in Ankara for more than 6 months. Similarly, Azeri-American efforts in support of the Turkish campaign of genocide denial must be countered by placing a new “hold” on Matt Bryza or his replacement as nominee for U.S. Ambassador to Azerbaijan. There has been no U.S. Ambassador in Baku for more than 18 months.
    Instead of getting dejected by last week’s temporary setback, Armenians should strengthen their political resolve and escalate their demands from Turkey, using all legitimate means of redress to advance their just cause!

  • Armenians Sue Turkey Claiming U.S. Air Base Land

    Armenians Sue Turkey Claiming U.S. Air Base Land

    By Harut Sassounian
    Publisher, The California Courier-
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    Over the years, Armenians have gradually shifted their attention from the recognition of the Genocide to the pursuit of legal remedies for their massive losses suffered between 1915 and 1923.
    Several lawsuits have been filed recently in U.S. Federal Courts against Western insurance companies and banks. In July, Armenian-American attorneys sued the Republic of Turkey and its two major banks, seeking compensation for confiscated properties and loss of income.
    A new federal lawsuit was filed last week by attorneys Vartkes Yeghiayan, Kathryn Lee Boyd and David Schwarcz, along with international law expert Michael Bazyler, against the Republic of Turkey, the Central Bank, and Ziraat Bank for “unlawful expropriation and unjust enrichment.” The plaintiffs are Los Angeles-area residents Rita Mahdessian and Anais Haroutunian, and Alex Bakalian of Washington, D.C.
    The three Armenian-Americans, who have deeds proving ownership of properties stolen from their families during the Genocide, are seeking compensation for 122 acres of land in the Adana region. The strategic Incirlik U.S. Air Base is partly located on their property.
    During the Genocide, the Turkish government initially placed all properties belonging to Armenian victims under seal. Subsequently, it directed the Ziraat Bank to hold all proceeds from the sale of seized properties in trust and for safekeeping on behalf of the Armenian owners. These properties were then transferred to the Turkish Treasury and placed under the administration of the Central Bank. The lawsuit accuses the Republic of Turkey, the Central Bank and Ziraat Bank of unfairly benefiting from the plaintiffs’ seized assets.
    The three Turkish defendants are currently engaged in commercial activities in the United States which grants jurisdiction to U.S. courts. The Republic of Turkey operates several state-owned or controlled enterprises in the U.S., such as the Turkish Airlines and Tourism Information Office. Both the Central Bank and Ziraat Bank also have offices in the United States.
    In addition to seizing the Armenian plaintiffs’ property, the Turkish government has pocketed the rent paid by the United States for the Incirlik Air Base during the past 60 years. The base is operated by the Army and Air Force Exchange Service — a U.S. Department of Defense entity. Several major American corporations, such as Baskin Robbins, Taco Bell, Pizza Hut, Starbucks, and AT&T transact business and provide services on the base for U.S. troops. These companies have also been profiting from Armenian-owned lands for many years.
    The lawsuit claims that the plaintiffs “are suffering harm from the loss of use and proceeds from their property.” Turkey and its Central Bank’s “continued unlawful use of the property causes a direct effect in the United States because a U.S. commercial entity pays money” to Turkey to lease the Incirlik Air Base and “is engaged in a long-term business arrangement with defendants….”
    The lawsuit also states that the “plaintiffs’ action is additionally based upon their rights in property unlawfully expropriated by defendant Turkey in violation of international law, pursuant to a Turkish campaign of genocide…. International law prohibits the taking of property when it is done in a discriminatory way or pursuant to gross violations of human rights. Plaintiffs’ property was taken pursuant to the genocidal campaign of the Ottoman Turkish Empire to destroy, in whole or in part, Armenian Christians in Turkey.”
    The plaintiffs assert that after the Genocide, the Turkish government transferred Armenian-owned “businesses, factories, shops, farms, and all other economic enterprises into Turkish Muslim ownership,” Yet, the most shocking charge is the accusation that the Turkish authorities used “the proceeds derived from the sale of Armenian property to fund their deportation.” It is noteworthy that beyond depriving Armenians of their lives and property during the Genocide, Turkish authorities strictly forbade the survivors from reclaiming their properties, by stamping their passports “Return prohibited.”
    The Armenian-American plaintiffs estimate the current value of the property seized from their families to be $63.9 million, since their land constitutes 3.7% of the $1.7 billion “plant replacement value” of the Incirlik Air Base, according to the latest U.S. Defense Department data. The plaintiffs are demanding the current fair market value of their property as well as the accrued rental for the past 60 years, possibly totaling hundreds of millions of dollars. This lawsuit does not include the value of other Armenian properties in Incirlik, including a church and school.
    In the coming months, several other lawsuits are expected to be filed in U.S. courts against the Turkish government and other Turkish entities, including a claim for the Turkish Presidential Palace in Ankara, which is located on land owned by the Kassabian family.

  • Sassounian’s column of Dec. 16, 2010

    Sassounian’s column of Dec. 16, 2010


    US Court of Appeals Hands

    A Major Victory to Armenians

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    By Harut Sassounian

    Publisher, The California Courier

    In a stunning development, a federal appeals court handed Armenian-Americans a major legal and political victory last week. It reversed its earlier ruling and decided that a California law extending the deadline for lawsuits against life insurance companies WAS constitutional, after all!

    The new ruling did much more than assist heirs of Armenian Genocide victims to file lawsuits against insurance companies for unpaid claims. It also blocked possible legal action by Turkish organizations which could have undone decades of struggle for the recognition of the Armenian Genocide by local and state governments in the United States.

    In 2009, the U.S. 9th Circuit Court of Appeals decided that a law adopted by the California Legislature in 2000 — extending to December 31, 2010 the statute of limitations on insurance claims — was unconstitutional, because it included a reference to the Armenian Genocide. In a 2-1 decision, the court ruled that the State of California had infringed on the foreign affairs power reserved by the U.S. Constitution to the federal government. Two of the three federal judges asserted that the state had contravened the federal government’s policy of not acknowledging the Armenian Genocide.

    I pointed out in a column I wrote in response to the 2009 appeals court decision that Judges David Thomson and Dorothy Nelson were mistaken in claiming that Congress and states were prohibited from adopting resolutions on the Armenian Genocide. In their majority opinion, the two Judges selectively mentioned only those resolutions that were not approved by the House, ignoring that the U.S. House of Representatives twice adopted Armenian Genocide resolutions in 1975 and 1984, and Pres. Reagan issued a Presidential Proclamation in 1981, acknowledging the Armenian Genocide. I also wrote that the U.S. government did NOT have an official policy of denying the Armenian Genocide. I also wondered why the California Attorney General was not asked to file a friend of the court brief to defend the state from unwarranted accusations that it had adopted a statute that supposedly violated the U.S. Constitution.

    Given the serious consequences of the 2009 court ruling for their clients as well as the Armenian Cause, the Law offices of Geragos & Geragos; Kabatek, Brown, Kellner LLP; and Yeghiayan Law Firm engaged the services of attorneys David Balabanian, David Salmons, and Erin Conroy from Bingham McCutchen to seek a rehearing of the case. Friend of the court briefs in support of the rehearing were filed by the Armenian National Committee of America, Armenian Bar Association, Zoryan Institute, International Association of Genocide Scholars, EarthRights International, Center for Constitutional Rights, Cong. Adam Schiff, and California Attorney General Jerry Brown.

    On December 10, the same appeals court with the same judicial panel as last year’s ruled 2 to 1 that the California law referring to the Armenian Genocide did NOT conflict with U.S. foreign policy. Judge Nelson, switching sides, joined Judge Harry Pregerson in ruling in favor of the Armenian plaintiffs. “We conclude that there is no express federal policy forbidding states to use the term Armenian Genocide,” Judge Pregerson wrote for the majority. He quoted from “various statements from the federal executive and legislative branches in favor of genocide recognition.” He specifically cited the Armenian Genocide resolutions adopted by the House of Representatives in 1975 and 1984, and Pres. Reagan’s Presidential Proclamation of 1981. Judge Pregerson also stated that “the federal government has never expressed any opposition” to the recognition of the Armenian Genocide by any of the 43 states!

    Following this ruling, the lawsuit against the three German insurance companies can resume, opening the door for more lawsuits against other insurance companies, subject to a possible rehearing by a full 11-judge panel of the appeals court.

    In addition, Armenian-Americans can now use the appeals court’s ruling to persuade those members of Congress who may be reluctant to support a pending Genocide resolution out of an unfounded concern that it may contradict U.S. foreign policy. The court’s ruling makes it crystal clear that the federal government has never denied the Armenian Genocide and never objected to the plethora of U.S. cities, counties, and states recognizing it. The decision of the appeals court should be forwarded to all members of Congress, State Department officials, and the White House.

    Neil Soltman, attorney for the three German insurance companies being sued, stated that he was baffled by the appeals court’s decision. Gunay Evinch, President of the Assembly of Turkish American Associations, called the ruling “unprecedented,” “politically motivated” and “shameful.”

    It is noteworthy that Armenians are suing German insurance companies in California, and a Turkish lobbying group is squirming — for good reason!