Ms. Najiba Mustafayeva, PhD candidate in International Law, Expert at the Center for Strategic Studies (SAM) under the President of the Republic of Azerbaijan, speaks exclusively to Modern Diplomacy and Dimitris Giannakopoulos, for the international security system and United Nations role on the protection of the global peace.
Ms. Mustafayeva speaks for the reform of the UNSC and how the United Nations could become more effective in order to encounter the global security challenges. Additionally she explains the contribution of Azerbaijan in the regional and global security.
Do you believe that UN need reforms in order to encounter the modern global security challenges?
Modern international relations after World War II have been characterized by the increasing role of international institutions acting as regulating mechanisms of international affairs. Being the most representative forum for discussions among the states on the issues of international concerns the United Nations not only occupies a central place in the system of international organizations, but also plays a crucial role in the contemporary international development and its Charter is a foundation of modern international law, a kind of universally accepted code of conduct of states and their relationships.
The world is changing, and with this reality the UN has faced with additional challenges, which demand the improvement of old and creating new work mechanisms. As former UN Secretary General Kofi Annan stated, the UN does not exist as a static monument to the aspirations of a bygone era, and being changing mechanism, imperfect, like all human creations, but is able to rebuild and improve”. These words reflect the main thrust of the reform process of the Organization necessary to bring its activities into compliance with the requirements of the time. In this respect, the adaptation of the UN to a dramatic shift in the international political landscape becomes demand of the time. The conceptual questions such as what should be the priorities of the Organization in modern era, of which its functions can be delegated to regional organizations or coalitions of states, what are the conditions and limits of the UN intervention in the internal affairs of sovereign states, as well as how to combine the principle of universality with a special status of the permanent members of the UN Security Council, etc. become relevant today. In other words, all these mean the need for dramatic reform of UN and its institutions.
The UNSC structure is outdated and a remnant of the Cold War. I would like your opinion.
International political commentators often use the word “relic” of the UN, laying in the use of this term has two main ideas: the first implies the absence of activity, the second – worship, despite the fact that the organization is more like a relic of the past. Although the UN’s role in a multipolar-world as the only global international organization capable of solving the problems of international security should be enhanced. The competence of the United Nations covers a wide range of problems. Moreover, currently, there is no real alternative to the UN, other organizations are only able to supplement its activities.
In light of recent events – aggravation of existing and the emergence of new international conflicts, the threat of international terrorism in the face of al-Qaeda and “Islamic state”, massive violations of human rights as a result of such activity update the necessity of the reform.
Obviously the main focus in the reforming process should be done on the reform of the UNSC, suggesting increase in membership of the board, the improvement of the working methods and the implementation of sanction mechanisms used by the Council in its activities. I think that one of the main reasons for the lack of effectiveness of the Council lies in its inability and unwillingness in some cases to ensure the implementation of its resolutions. A graphic example is the Armenian-Azerbaijan, Nagorno-Karabakh conflict.
In 1993 the UN Security Council adopted 4 resolutions (NN 822, 853, 874, 884) in connection with the armed seizure of the Azerbaijani territories. In these resolutions the appurtenance of Nagorno-Karabakh region to Azerbaijan was confirmed, sovereignty and territorial integrity of the Azerbaijan Republic, integrity of its international borders and inadmissibility of using force for the acquisition of territories were reconfirmed. The resolutions demanded immediate termination of all hostile actions, immediate and unconditional withdrawal of all occupying forces from all occupied regions of Azerbaijan Republic, in this context – call for restoration of economic, transport and energy connections in the region, return of refugees and IDPs to the places of permanent residence. Considering the aforesaid, it is obvious that the actions of the Armenia should be regarded as a violation of the fundamental principles of international law.
The resolutions of the UN Security Council are legally binding for all member states of the United Nations (articles 25, 48 of the UN Charter). They are final and cannot be appealed. However, until now the Armenian military forces has not adhered to the terms of these resolutions and continues occupying Azerbaijani territories.
Some analysts argue that the UN is a forum of dispute than a forum of cooperation due to the different national interests. Do you agree?
I believe that the main value of the UN for its activities is that it proves the importance of solving global problems through multilateral diplomacy. And this is quite natural, because the response to global challenges and threats can be joint. Only this approach, based on a solid foundation of international law can ensure the sustainability of the world development in the context of globalization. This implies strengthening the central role of the UN as a world organization in all spheres of international life.
But it must be took into account the fact that all proposals and projects for the expansion and improvement of UN mechanisms, including the use of veto by the permanent members of the UNSC, as well as discussions about possible models of “updated” the UN will not be effective until the world powers don`t show enough interest in this issue and abandon from the policy of double standards that prevail today in international relations. Otherwise, the significance of the UN would be reduced to the role of simple assistant, helplessly looking at how the leader-countries use the right of veto in the UNSC in order to promote their national interests and solve problems on a planetary scale based on their own benefits and considerations. In the case of such a scenario, the international community risks losing control over the levers of global governance, and the ability to confront new challenges and threats of XXI century.
Azerbaijan plays a vital role for the stability in Central Asia. How Azerbaijan contribute to the regional security and the global peace?
As you know, the past decade has seen significant development and changes in Azerbaijan, as well as the South Caucasus region as a whole. Until the mid 1990s, there was little global awareness about Azerbaijan or the surrounding region. It was mainly associated with oil, conflicts and collapse economies. However, starting with the presidency of the National Leader of Azerbaijan Heydar Aliyev, this situation changed. Over the course of Heydar Aliyev`s presidency, thanks to his colossal efforts and skilful policy, Azerbaijan was transformed from an unknown post-Soviet country with a ruined economy to a reliable and desired partner for regional and global powers. The internal political situation was stabilized; the rule of law was restored; social, political and economic modernization process were launched and strong foundations for future economic development were laid. In current period under the leadership of President Ilham Aliyev, who continued the strategy initiated by Heydar Aliyev, Azerbaijan witnessed rapid development and modernization across all spheres of public policy. The key components of this strategy have been development of a democratic polity and social-economic progress to ensure the welfare of the people of Azerbaijan, a balanced foreign police based on mutually beneficial and commitment to restoring the country`s territorial integrity.
Today, Azerbaijan is a modern, successful, democratic and tolerant state with the highest international authority, growing foreign power and influence in the region. Despite the impressive socio-economic development and foreign policy performance of Azerbaijan, it`s tough geographic neighborhood has posed certain challenges on the country. The major challenge dominating the politics of Azerbaijan has been and continues to be restoration of its territorial integrity. Armenia`s occupation of Nagorno-Karabakh and the seven adjacent regions – 20% of the internationally recognized territory of Azerbaijan – has created about one million Azerbaijani refugees and IDPs. The military occupation has continued during this period and Armenia constantly ignored all international documents, including abovementioned four UNSC resolutions, calling for withdrawal of occupation forces. Despite the military capability built in recent years in Azerbaijan that enables the country to unilaterally restore its territorial integrity, Azerbaijan still preserves its belief in a peaceful solution of the conflict and offers Armenian community of Nagorno-Karabakh the highest possible autonomy within the state borders of Azerbaijan.
Over the course of Heydar Aliyev`s presidency, thanks to his colossal efforts and skilful policy, Azerbaijan was transformed from an unknown post-Soviet country with a ruined economy to a reliable and desired partner for regional and global powers
So, Armenian aggression is the most serious threat to stability and safety in the South Caucasus, as the puppet regime generated by the self-proclaimed entity in Nagorno-Karabakh creates problems both for the further progressive development of Azerbaijan, the full realization of its economic, political and human potential, and fulfillment for Armenia, which has become a mono-ethnic state. In current conditions, Armenia remains a “trouble maker” for regional peace and security. Territorial claims by Armenians are not only limited to Azerbaijan, but also directed toward Turkey’s Anatolia and Georgia’s Javakheti areas. Although all three states would like to welcome Armenia to the integration processes within the region, the fact is that unless Yerevan is ready to a pursue constructive attitude toward relations with neighboring states, regional integration remains impossible. Armenia should recognize that it is impossible for any state to achieve prosperity while remaining in isolation.
There are some “frozen” conflicts in the world. Could the dispute of Nagorno-Karabakh be characterized “frozen” conflict?
Despite the fact that various international organizations referred Nagorno-Karabakh conflict as “a frozen one”, since the ceasefire agreement of 1994 from time to time this agreement has been brutally violated by Armenian occupation forces leading to casualties from both conflicting parties. In other words, although we do not observe active and regular military operations and occupation of new territories the conflict can hardly be characterized as “frozen”.
