Sévane Garibian has recently published ‘De la rupture du consensus. L’affaire Perinçek, le génocide arménien et le droit pénal international’ in Le génocide des Arméniens: Cent ans de recherche 1915-2015 with publisher Armand Colin.
2015 – the 100th anniversary of the Armenian genocide – is also the year of the (ongoing) revision by the Grand Chamber of the Doğu Perinçek v. Switzerland judgment rendered by the European Court of Human Rights (ECHR) on 17 December 2013. This paper focusses on one of the arguments set forth by the ECHR in 2013 in which Swiss criminal jurisdictions in this case of genocide denial are disfavoured: the problematic argument based around the absence of a “general consensus” on the 1915 genocide. This contribution aims to shed light on the paradoxes and consequences of such an argument that calls, notably, for a historical perspective – and demands, in particular, that we look back on the history of international criminal law.