From The Hague to Geneva: The protection of civilians and refugees in the perspective of legal history, 1899-1951

The presentation proposed here shall focus on international (and as far as possible some cases of national) legal protection of civilians and refugees between the first Hague Convention of 1899 and the Geneva Convention for the Protection of Refugees in 1951. An analysis of international legal texts as well as, if possible, some exemplary national constitutions will form the core of the presentation, which will try to find out, to what extent not only the civilian population remaining close to front-line fighting, but also under occupation was supposed to be protected by legal norms, but also to what extent the issue of forcing civilian to leave their homes became part of the international legal discourse as well as of international legal norms.

Kriegsverbrechen – Verbrechen gegen die Menschlichkeit – Völkermord? Zeitgenössische Völkerrechtler und die Deportation der christlichen Minderheiten in Anatolien während des Ersten Weltkrieges

This presentation concentrates on the role that the deportation of Christian minorities in Anatolia during the First World War played in the context of the history of law. Terminologies and the use of legal notions by contemporaries will be a special focus, because this is still helpful in the context of present-day discussions. Therefore a contextualisation as precise as possible is important, when the topic of deportation and genocide is addressed. At the same time it is important not to confuse historical and legal appraisals. In this presentation the general discussion as to the prospects and potential of a judicial punishment of violations of international legal norms before as well as during the First World War will therefore be included as much as the attitude of jurists in regard to the position of the Ottoman Empire within the international community of law abiding states. Finally this presentation will also focus on discussions at the end of the war around the trials in Istanbul and the purpose of the Paris Peace Conference. In this context and following ideas of Mahmood Mamdani the discourse on law can be shown to have served not only as a way of giving victims a voice, but also as a language of power already at the beginning of the 20th century.