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The 1915−1916 Armenian Metz Yeghern

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On May 6th, 2016 appeared on Foreign Policy Journal’s website an article on the 1915−1916 Armenian Genocide (Metz Yeghern) in the Ottoman Empire written by Raffi K. Hovannisian, an independent Armenia’s first minister of foreign affairs, currently chairs the opposition Heritage Party and directs the Armenian Center for National and International Studies in Yerevan which once again launched the public debate on responsibility of those who did it and a compensation to the posteriority of those who perished in the genocide. It also rose the question of collective responsibility of the nation (the Turks and the Kurds) to which the perpetrators belonged as well as of the state that is a legal successor (Turkey) of that one in which the genocide (the Ottoman Empire) occured.

Nevertheless, we belive that many new facts and proves on this issue are going to reach the public audience soon as the Catholic church recently reveals unpublished Armenian Genocide documents from its secret Archives in Vatican. The 1915−1916 Armenian Metz Yeghern is a case of genocide that is requiring the implementation and futher development of the international norms on human and minority rights. Finally, we can not forget and the Great Catastrophy or the genocide of the Ottoman Greeks from 1914 to 1923 organized and committed by the same authority as the Armenian one.        

Introduction

A massive destruction of the Ottoman (Orthodox Christian) Armenian population in 1915−1916 is probably the greatest atrocity committed during the WWI and for sure a first 20th century case of the genocide as up to 1.500.000 ethnic Armenians were executed by the Ottoman authorities and their collaborators (the Kurds). As a consequence, the survivors are scattered across the globe. Today it is already a century old event, but the issue of the 1915−1916 Armenian Genocide is undoubtedly still alive and divisive political issue firstly between the Armenians and the Turks but also and among the western “liberal democracies” on the question of their responsibility in the genocide similarly to the question of the western indirect participation in the WWII Jewish holocaust.

The Ottoman Empire, as all other empires in the world history, was multiethnic, multiconfessional, multilingual and multicultural state. At the eve of the WWI it was being located at three continents (Asia, Africa and Europe) with approximately two million Christian Armenians who have been living in historical-ethnogeographic Armenia, Istanbul and other towns within the Ottoman Empire. The Ottoman (Turkish-Kurdish) committed genocide on the ethnic Christian Armenians, organized and realized a century ago, was one of the most comprehensive examples of ethnic cleansing ever happened and recorded. It started on April 24th, 1915 in the Ottoman capital Istanbul (a Greek Constantinople) and soon was spread over the whole empire when thousands of well-known and well-to-do Armenians were firstly arrested and detained and later tortured and murdered. The organized genocide was over in August 1916 when its second phase happened (March−August 1916) with a massive killings of the Armenians who were at that time deportees in the Syrian Desert, in or around Del el-Zor. It is today estimated that the genocide cost up to 1.500.000 Armenian lives what practically means that after the WWI left only a minority of the pre-war Armenian population (one quarter). In our days, as a direct consequence of the genocide from 1915−1916, for instance, it is very hard to find the Armenians living in the interior of Asia Minor (Anatolia, a word of the Greek origin that means the East).

Ideological background of the Armenian genocide

As all genocides, the 1915−1916 Arminian Genocide had its own ideological background. In principle, if the mass killing is not based on certain ideology it is considered to be “just” the mass killing but not either the ethnic cleansing or the genocide. Of course, every genocide ideology has its own historical background.

The rapid process of declination of the Ottoman Empire (Sultanate) started with the Serb (1804−1815) national revolution and the Greek War of Independence (1821−1829) against the Ottoman yoke. Prior to the WWI the Ottoman authorities lost almost all their European possessions followed by the establishing of the French, British and Italian protectorates (colonies) in the Ottoman North Africa from 1830 to 1912. What concerns the Armenians within the Ottoman Empire; they had very important economic and financial influence before 1915. The Ottoman government throughout the 19th century and the beginning of the 20th century was allowing to the Armenian financial and industrial elite to develop their businesses. The Armenians became even responsible for the Ottoman state’s mint, having in their hands cannon and shipbuilding industries and above all the Ottoman Armenians dominated trade in the country. Especially the Armenian businesses located in Istanbul were well known in Europe. Such economic prosperity of the Ottoman Armenian higher social strata gave a foundation for the Armenian national-cultural revival in the 19th century and at the beginning of the 20th century. The Armenian economic superiority can be seen the best perhaps from the very fact that there were 32 Armenian bankers out of total 37 throughout the Ottoman Empire. However, the Armenian elite did not possess any political power in the Ottoman Empire for the very common reason and rules as this area of activity was reserved exclusively for the Muslim believers regardless on their ethnolinguistic origin.

Nevertheless, a year of 1889 is one of the most important turning points in the history of the Late Ottoman Empire as it was established illegal the Committee of Union and Progress (the CUP) by a group of well-educated civil servants and military cadets with the ultimate political-national goal to stop further declination of the state which could bring the Ottoman Empire to the end of its existence. More immediate goal was to restore the 1878 Constitution which was proclaimed as a consequence of the 1877−1878 Russo-Ottoman War and the 1878 Berlin Congress. The establishers of the CUP were the Young Turks, the Turkish intellectuals imbued by the West European nationalistic theories, of whom majority have been living in Paris where they were spreading propaganda against the Ottoman sultan Abdul Hamid II (1876−1909). The CUP party’s leaders were Mehmed Talaat, Major Ismail Enver Pasha and Dr Bahaeddin Shakir – all three of them later became mostly responsible for the Armenian genocide in 1915−1916.

When the Young Turks took power in Istanbul in 1908 by the revolution their party’s ideology became more crystallized and threefold divided into the Ottomanism, Islamism and Turkism. The main ideological point developed by the CUP was that all Ottoman citizens have to accept the Turkish nationalism as the crucial ideological principle of the Ottoman state and society. Therefore, the policy of Turkification of the whole Ottoman Empire was unavoidable in the areas of language, confession, culture and ethics. However, as the Turks were the Muslims, a policy of Turkification in practice meant the Islamization of non-Muslim segments of the Ottoman society. Being already in power, the CUP government expressed open hostility towards non-Turkish and subsequently non-Muslim Ottoman population – a hostility that became the foundation of the Armenian genocide. A fact was that simultaneously with the declination of the state the party’s ideology, based on profoundly ethnic Turkish nationalism, was becoming more and more radicalized with, according to David Kushner, anti-Armenianism as one of the most radical issues.  

Three factors as the main causes of the Armenian genocide

There were three factors which mostly influenced the Turkish-Kurdish committed genocide of the Ottoman Armenians in 1915−1916:

1.The Ottoman loss of the First Balkan War and as a consequence the loss of almost all Ottoman land possessions in Europe in 1912−1913.

2.The putsch by the Young Turks of January 23rd, 1913 during the First Balkan War.

3.The beginning of the WWI.

1.The First Balkan War started in October 1912 with the war declaration to the Ottoman Empire by Montenegro, Serbia, Greece and Bulgaria (the Balkan Alliance) for the sake to expel the Ottoman state from the Balkans and to share its Balkan possessions between themselves. Regardless to the German help in the improvement of the Ottoman military under the Young Turks the Ottoman army was in general not enough prepared and ill-equipped to successfully fight especially after the exhausting Italo-Ottoman War, 1911−1912 over the province of Libya. The Treaty of London signed between the Balkan Orthodox Christian states and the Ottoman Empire on May 30th, 1913 left to the Ottoman state in Europe only a strip of land around Istanbul and as an aftermath it had a very deep traumatic impact on the Muslim segment of the Ottoman society. After the Balkan Wars of 1912−1913 the Armenians and Greeks became two largest Christian communities in the Ottoman Empire. As both the Orthodox Christians, it was only a question of time when both of them will experience the Muslim Ottoman revenge: the Armenians in 1915−1916 and the Anatolian Greeks in 1922−1923. After the Balkan Wars the Ottoman society, culture and even identity suffered a heavy blow that brought an idea of revenge including and an option of genocide as the most radical instrument of its realization. The CUP’s leadership well understood that after 1913 a project of the Ottoman identity was over as unrealistic and unacceptable by all non-Muslim subjects of the empire. However, the most important impact of the Balkan Wars to the Muslims of the Ottoman society, especially to its ethnic Turkish segment, was the creation of a mental schizophrenia of a “knife in the back” by the Christians of the Ottoman Empire. The CUP’s MPs openly were accusing in the parliament the Ottoman Bulgarians, Greeks and Armenians for the state’s treason during the Balkan Wars.

2.A new putsch by the Young Turks, who never have been elected to power, committed on January 23rd, 1913 was the second factor of the main causes of the 1915−1916 Armenian Genocide. After the 1913 Coup a CUP’s dictatorship (Talaat-Enver) was established (1913−1918) that was followed by the restriction of a free-speech in the Parliament and terrorizing the members of the opposition. The final result of the putsch was a complete concentration of power in the hands of the CUP which started a policy of transformation of the Ottoman multiethnic society into a homogenous national state of the ethnolinguistic Turks. Such policy required either assimilation or extermination of non-ethnic Turkish Ottoman population. In addition, the course of the Armenian genocide was strongly influenced by the internal rivalry within the CUP’s dictatorship between Enver Pasha as the Ottoman military commander and Mehmed Talaat who was the civil leader of the empire.

3.Nevertheless, the beginning of the WWI was the crucial factor of the causes of the Armenian genocide. From the very start of the WWI it was clear which side the Ottoman Empire is going to support as the Ottoman government signed an agreement with Germany on close bilateral cooperation on August 2nd, 1914 including and the issue of mobilization. The Ottoman army’s commander-in-chief Enver Pasha became directly responsible for the start of military operations against the Entente as he ordered to the Ottoman navy to bomb the Russian sea coast on October 29th, 1914 without official proclamation of war. That was reason for the Entente to declare war on the Ottoman Empire. Therefore, the Armenian position became very delicate as the Armenians were living on the very border with Russia and as such they were seen by the Young Turk’s regime as a potential collaborators with the Entente and even as a dangerous “fifth column” in the Ottoman Empire. Subsequently, from September 1914 the CUP’s government started with persecution of the Armenians by different means as, for instance, arbitrary war requisitions, arrests, closing the Armenian-language schools, banning Armenian political-national parties and societies, etc. The Ottoman Empire became officially at war with the Entente on November 11th, 1914. For the Young Turks’ government the Ottoman participation in the WWI was a good opportunity for both recovering the empire and implementation of radical solutions to the acute internal cluster of problems. One of the crucial motifs for the participation in the war was territorial expansion of the empire that was possible only in the East, i.e. at the expense of Russia. However, on the very border with Russia there were the Armenians who were in principle supporting the Russian Empire as a potential liberator of them from the Ottoman yoke. Nevertheless, the Ottoman army suffered heavy losses as a number of the Ottoman invasions finished with catastrophic results. But the crucial point was that Enver Pasha accused exactly the Armenians for these abortive military campaigns as a nation who betrayed the Ottoman national interest. The Turkish propaganda openly accused the Armenians of the Ottoman Empire of state’s treason, calling the Turks and other Muslims to boycott all Armenian businesses and even it was spreading stories about alleged crimes against the Turks committed by the Armenian nationals. As a consequence, Mehmed Talaat Pasha on December 26th, 1914 ordered the resignation of all government’s officers of the Armenian origin and arresting of all who defy these measures. From January 1915, more radical anti-Armenian policy was implemented as the Armenian-language newspapers are shut down and some of prominent Armenians, especially in Istanbul, have been arrested and later murdered.

A course of the Armenian genocide

The Armenian genocide was deliberate action of systematic destructions, executions, dispossessions, deportations, forced assimilation, induced famine, ethnic cleansing and annihilation of material signs of the Armenian culture and national existence on the territory of the Ottoman Empire. Originally, the genocide started with the massive killings of the economic, religious, political and intellectual elite of the Armenian society in Istanbul on April 24th, 1915, but it soon became a pattern for whole-range genocide on all segments of the Ottoman Armenian national elite throughout the empire who were arrested, imprisoned, terrorized and ultimately exterminated. The entire higher social and national strata of the Armenians became eliminated during only several weeks up to June 1915. The executions of the Armenian dignitaries have been organized even on the public squares of the towns according to preserved documentary material (photos) in Armenian National Institute and Armenian Genocide Museum Institute in Yerevan.

The next and real genocide’s phase started when Mehmed Talaat Pasha as a Minister of Internal Affairs issued on May 23rd, 1915 the official order for the ultimate deportation of all Armenian population. The CPU’s government of the Young Turks introduced new provisional Law of Deportation on May 29th, 1915 which gave a legal provision for the beginning of the mass deportation of the ethnic Armenians to very inhospitable Syrian Desert’s city of Der el-Zor and its vicinity. This law was followed on June 10th, 1915 by new law that was providing a legal ground for appropriation of the Armenian properties in business and trade. More precisely, it was a law on establishing of the Abandoned Property Commission with the only task to organize collection of the Armenian properties after their deportation or killings. That was a final blow to the Arminian economy as all Arminian property simply became legally transferred to the Ottoman government and put to its disposition. The administration for the deportation of the Armenians was given to the Directorate for the Settlement of Tribes and Immigrants that was under direct authority of the Ottoman army. It is known that a Minister of Internal Affairs was all the time well informed about the course of deportation by telegraph correspondence and other means. For the matter of illustration, for instance, there is a report by the German consul in Erzurum on deportation from Erzurum when around 40.000 Armenians living in the city were sent by force to Der el-Zor. According to the report, that was “an absolute extermination” of the Armenian city’s population. During the march the Armenians were tortured and killed and their bodies are thrown to the Euphrates River. Finally, only about 200 Armenians from Erzurum succeeded to reach a city of Der el-Zor. In the other words, a destruction rate was in this case almost 100 percent.    

Very quickly after the start of the “Final Solution” of the Armenian Question in the Ottoman Empire the Armenians were uprooted and bound for the Syrian Desert (by mid-July 1915). In many cases the Armenians had to travel around 1.000 km. throughout inhospitable territories during the hot summer time and constantly tortured by the Ottoman army who was escorting them to the final destination to which overwhelming majority never came. The essence of the whole issue is that the members of the Young Turks’ government in Istanbul knew very well that chances to survive on the road to the region of Der el-Zor are basically zero especially for the children, pregnant woman and elderly people. In fact, that was a “March of the Death”. Nevertheless, those survivors of the death march found simply nothing to be arranged for them. The bad living conditions in Der el-Zor caused a terrible famine at the beginning of 1916 to prolong a progress of genocide. Moreover, Talaat Pasha’s decision in the summer of 1916 was that too many Armenians survived the march to Der el-Zor, and consequently gave an order to the local city’s authorities to collect the Armenians into the surrounding caves and to exterminate them.  

The forced loss of authentic ethnolinguistic, cultural or confessional identity is a part of the genocide definition accepted by the contemporary post-1945 international law. That was exactly implied to the Armenians in 1915 and after by the Young Turks’ regime as a part of the “Final Solution”. More precisely, the Armenians, especially children and women, had to renounce their original Christian (Orthodox) religion and identity and to be converted into Islam. The Armenian orphan children were placed in the Muslim orphanages (like in Konya or Beirut) where they became converted into Islam, allowed to speak only Turkish language and changed their original names into the Turkish according to the Ottoman pattern of “devshirme” (“taxation in blood” of non-Muslim subjects) from the 14th to the mid-17th centuries. Therefore, many Armenian survivors of the march through the desert lost their collective national identity and original cultural-linguistic characteristics.

Material culture of the Armenians became destroyed or transformed into different purposes. The Armenian churches have been systematically destroyed and inscriptions in the Armenian language removed from the buildings. The purpose of such policy of genocide was clear and successful: to as much as eliminate cultural-national traces and roots of the Armenians in the Ottoman Empire. Knowing that, it is “understandable” why the Turks destroyed a number of Armenian medieval churches and monasteries. As the Armenians have been understood as the first nation to accept Christianity, a destruction of their medieval Christian shrines by the Muslim Turks and Kurds had the feature of the “Clash of Civilizations”. The destruction of Armenian material culture and private property, as in all similar cases of the genocide and ethnic cleansing, had at least a dual aim:

1.To make an impression that the Armenians as a nation never existed on certain territories.

2.To ensure that the Armenian survivors will never return back to their original places of living.

The cardinal perpetrators directly involved in the Armenian genocide have been the Turks and the Kurds (both Muslims) composed by almost all social strata. The main force taking open actions in the murdering of the Armenians were the Muslim bands of violent convicts who were at the beginning of the WWI released from the prisons to fight against the Russian troops. When the Armenian genocide started their new task has been to eliminate the Armenian population. The main engineer of the genocide was Mehmed Tallaat Pasha as a Minister of Internal Affairs who created a propaganda framework of it by accusing all Armenians as a collective national body of high treason, disloyalty and practical sabotage actions against the Ottoman army and state. It is clear from his conversations with the German consul that his government has to use the war situation to get rid of all internal enemies of the empire but on the first place of all indigenous Christians. More precisely, the Turkification of the Asia Minor by ethnic cleansing of all Armenians was a prime goal of such policy. However, Dr Bahaeddin Shakir, as one of the most prominent CPU’s members, had a crucial role in the process of practical implementation of the genocide which had its second stage in 1916 from March to August when were the massive killings of the Armenian deportees in Syrian Desert and in vicinity of Der el-Zor.

Consequences

The Armenian genocide is one of the most important and influential instances of ethnic cleansing, people’s transfer and economic dispossession in the history of modern times. As the first 20th century’s genocide, the Armenian genocide has to be, and is, taken into consideration as an example and pattern for subsequent genocides in the coming decades. As such, it is of cardinal historical significance, and it is critically important that today’s generations can properly understand this case study of inhumanity.        

Before the act of genocide, the Ottoman Armenian community possessed around 2.600 churches, 450 monasteries and 2.000 schools. However, after the WWI around 3.000 Armenian settlements were depopulated. Today, the Armenian population in Turkey can be practically found only in Istanbul. Present day Armenian community in Turkey has only six churches and no single school or monastery.  

The evidences and records of genocide are numerous but probably the most valuable archival material are gone forever when on November 2nd, 1918 the ultra right wing members of the CUP burned documents before the government’s top politicians and main organizers of the genocide escaped the country in a German submarine to Odessa. A new liberal government of the Ottoman Empire on February 5th, 1919 established a special tribunal in Istanbul for the war crimes which officially accused the previous Young Turks’ government of “deportation and massacre” but only after the British pressure. As a final result of a court procedure, the CUP’s government in April 1919 was sentenced to death and the court proclaimed that:

“The disaster visiting the Armenians was not a local or isolated event. It was the result of a premeditated decision taken by a central body… and the immolations and excesses which took place were based on oral and written orders issued by that central body”.        

However, probably and unfortunately, the cardinal consequence of the 1915−1916 Armenian Genocide is a fact that this unpunished crime became a pattern for the other genocides in the 20th century. It is clear at least in two cases:

1)The Jewish holocaust during the WWII committed by the Nazi Germany’s NSDAP regime in occupied Europe.

2)The Serb holocaust on the territory of the Independent State of Croatia, 1941−1945 committed by the Ustashi Croat regime.

Namely, in both of these holocaust cases, a cardinal motif for the genocide was the fact that exactly the Armenian genocide became absolutely forgotten, no spoken and unpunished by the international community. In the other words, if very soon after the genocide the world was not remembering the Armenians and not punishing the perpetrators of the genocide it can be very likely to be the same with the Jews and Serbs or with any other nation in the coming future.                      

Eastern Europe

How Pashinyan failed in the peacekeeping mission and complying with international law

Aliyar Azimov

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Nagorno-Karabakh is a landlocked region which is internationally recognized as part of Azerbaijan Republic. The major disagreements and clashes started at the end of the 1980s when Armenian SSR declared to annex the Nagorno Karabakh region into its territory. February 20, 1988, at the session of the NKAO (Nagorno-Karabakh Autonomous Oblast) Soviet of People’s Deputies, members of the region’s Armenian community adopted a scandal resolution to appeal to the Supreme Soviets of Azerbaijan SSR and Armenian SSR to annex NKAO to Armenian SSR. At that time, it was against the Constitution of the USSR, therefore in 1990 the USSR government rejected this resolution as an illegal act and gave back its autonomous status within Azerbaijan SSR.

Following the collapse of the USSR, August 30, 1991, the Supreme Soviet of Azerbaijan declared the restoration of state independence and adopted a Law “On the abolition of the Nagorno-Karabakh Autonomous Oblast of the Republic of Azerbaijan.”

Starting from 1992, Armenians began military activities against Azerbaijanis, especially in Nagorno-Karabakh region and surrounding seven districts. The collapse of the Soviet Union and political instability in Azerbaijan in early 90s caused by the internal standoff; as a result, Armenia began military operations in Nagorno-Karabakh with external military support. During 1992-1994, the active war continued in the region and Armenia occupied the whole Nagorno-Karabakh region and its surrounding territories. In 1994, the ceasefire was announced, and OSCE Minsk Group invited parties to the negotiations table.

Negotiations on the Nagorno-Karabakh conflict have not yielded any results for 25 years. The Minsk Group initially proposed three packages to resolve the conflict. However, these proposals were not accepted by the parties in terms of securing their interests. Finally, the Madrid Principles on the Nagorno-Karabakh conflict were adopted, and this document is the latest set of proposals on the current conflict.

In 2018, Nikol Pashinyan was elected as Prime Minister of Armenia by defeating Serzh Sargsyan in the elections. Pashinyan was active during his campaigns by proposing optimistic promises to both his country and region. His promises have seemed the sign of new formation of the political system in Armenia. Pashinyan also was accepted by official Baku with a mixture of optimism and skepticism due to flattering speeches towards the current issues. During Pashinyan’s campaigns, one of the promises towards region was to solve Nagorno-Karabakh conflict only peacefully and accelerate the process of peace talks with Azerbaijani government in frame of international laws in order to achieve significant steps in terms of regional integrity.

In his initial period, he showed great intention to change everything from zero. However, Pashinyan could not maintain the absolute power in his hands; he literally failed to democratize Armenia. Defeated by his rivals in internal strife, Pashinyan could not withstand the pressure and made a U-turn in his promises on Nagorno-Karabakh conflict. He started to provoke both sides and raise tension first by making a speech during his visit to Iran, stating “Karabakh is Armenia and that is it.”Right after this speech, he visited Shusha city to participate in the events in occupied territories; laterhe sent his son to the military service, who served in the occupied territories.

Pashinyan’s another failure in this conflict was the desire to change the format of the negotiation process. Starting from 2018, Pashinyan demanded to bring the separatist regime of Nagorno-Karabakh to the negotiations process. First, this issue contradicted the principles of the Minsk Group after the ceasefire signed in 1994, the format of negotiations and the peaceful settlement of the conflict. Secondly, since the Minsk Group last put forward the Madrid Principles for resolving the conflict, the negotiations continued around these principles. The Madrid Principles, last updated in 2009, are proposed peace settlements of the Nagorno-Karabakh conflict. As of 2020 OSCE Minsk Groupis the only internationally agreed body to mediate the negotiations for the peaceful resolution of the conflict. Senior Armenian and Azerbaijani officials have agreed on some of the proposed principles. However, they have made little or no progress towards the withdrawal of Armenian forces from occupied territories or towards the modalities of the decision on the future Nagorno-Karabakh status. Third, pressure on Pashinyan and his failed foreign policy attempts further heightened tensions in the aftermath, leading to serious clashes in Nagorno-Karabakh.

As a result, the attack of the Armenian army with heavy weapons on the Tovuz Rayon of Azerbaijan changed the stability in the region and caused the regional war scenarios to be brought to the agenda once again. During the clashes in July, both sides suffered serious losses, especially in the mutual attacks that resulted in casualties between 12 and 15 July. For the first time in the conflict history, Azerbaijan lost a general in the hot conflict. The outposts belonging to Armenia, where attacks were carried out on the Azerbaijani side, were destroyed by the counter-fire of Azerbaijan. Tovuz was far from the centre of the conflict and Pashinyan’s foreign policy strategy again contradicted with what he delivered to the world community in 56th annual Munich Security Conference. Because during the debate with Ilham Aliyev, the President of Azerbaijan, he noted: “I am first Armenian leader to say that any solution should be acceptable to Azerbaijani people as well.”For his part, Pashinyan also said that there cannot be a military solution to the conflict in the region. Indeed, he was right; he was the only Armenian leader that supported peace talks and peaceful settlement of the conflict in recent years. However, the attack on Tovuz Rayon of Azerbaijan from Armenian territories showed that Armenian government does not have any intention to solve conflict according to the international law norms and proposals by the OSCE Minsk Group.

The clashes since September 27, 2020 in the Nagorno-Karabakh region have resulted in the largest number of reported casualties between Azerbaijan and Armenia in the last four years. According to media reports, the death toll is already well into the hundreds, with relations between Armenia and Azerbaijan now in freefall. Despite the agreed humanitarian ceasefire, the Armenian army shelled Ganja, the second-largest city in Azerbaijan, three times and Mingachevir twice. Even Armenian army continued violate second agreed ceasefire by launching missile attacks to Barda, Terter, Aghjabadi, Ganja, Khizi, Mingachevir region and Absheron peninsula, which are far away from frontline. A new nightly SCUD ballistic missile attack by Armenian forces on residential area of Ganja, destroyed more than 20 houses, left more than 10 civilians killed and 40 wounded including children. This step by the Armenian leadership is aimed at expanding the geography of the war and the entry of third parties into the region. However, despite being a close ally, Russia also has called for an immediate ceasefire. Turkey, a long-standing ally of Azerbaijan, has demanded the withdrawal of Armenian forces from the line of contact, with President Erdogan underlining Turkey’s total solidarity with Azerbaijan, urging Armenia to end its occupation of Nagorno-Karabakh. Therefore, Armenia shifted the context of the conflict and accused Turkey of arming Azerbaijan. The Pashinyan government then sought to attract the attention and support of the West by turning the conflict into a religious context. Nevertheless, neither international organizations nor states responded to the issue that Armenia wanted to deliver.

Pashinyan also failed to understand and comply with the legal aspects of the Nagorno-Karabakh conflict. As it is stated above, he wanted to bring the separatist regime of so-called “Nagorno-Karabakh Republic” to the negotiations process. However, no member state of the United Nations, including even Armenia, recognizes the “NKR” as an independent entity. “NKR” also does not meet any of the four principles for the formation of an independent state enshrined in the 1933 Montevideo Convention. The recent rejection of the NKR’s appeal to the European Court of Human Rights is proof that the so-called body is illegitimate. Also, Armenia did not comply with four resolutions adopted on “Nagorno-Karabakh conflict” by UNSC, which recognize occupied territories as an integral part of Azerbaijan and emphasize the continuation of peace talks in this context. Commenting on the resolutions, Nikol Pashinyan tries to draw attention to the fact that the conflict is between local Armenians and Azerbaijan; however, all four resolutions start with the deterioration of relations between Armenia and Azerbaijan, and then the escalation of armed conflict. Besides, the Security Council provides a good understanding of who is involved in the conflict by stressing the sovereignty, territorial integrity and inviolability of international borders of all states in the region. Four resolutions passed by the UN Security Council (No. 822 – April 30, 1993; No. 853 – July 23, 1993; No. 874 – October 14, 1993; No. 884 – November 12, 1993) demand the immediate withdrawal of Armenian forces from therein.

It can be questioned why the UN Security Council did not mention that the conflict happened between Armenia and Azerbaijan? What is the reason for not calling Armenia as an occupier? If Armenia would have been recognized as an occupier, then new obligations would arise for the UNSC. In the meantime, Armenia had to be called as an aggressor and the resolutions adopted should have been demanded unconditionally. Due to several reasons, the UNSC did not do this but instead stressed who is responsible in this conflict. However, in a speech to the Armenian Parliament May 18, 2001, the then-Minister of Defence, former President Serzh Sargsyan, confessed: “There are lands we occupied. There is nothing to be ashamed of. We occupied those lands to ensure our security. We were saying this before 1992, and we are saying it again. My style might not be diplomatic, but that’s the reality”.

Despite all the accepted and approved international documents, the Armenian leadership wants Nagorno-Karabakh to be recognized as an independent entity because, in this way, it will be easier to control the territory in favour of Armenia. Moreover, the self-determination subject was often raised at the meetings of the OSCE Minsk Group. The deportation of Azerbaijanis living in Nagorno-Karabakh during the Soviet era had a serious impact on the ethnic composition of the population. Today, the Armenian diplomatic corps demands the status quo, taking into account only the ratio of 1988.However, this issue contradicts both international law and the Constitution of the Republic of Azerbaijan. Therefore, the right to self-determination cannot be extended to the Nagorno-Karabakh region. According to the principle of “Utipossidetis Juris” (the principle of respect for the existing borders of the state at the time of independence) even if the status of the state changes, the existing borders are preserved. Therefore, UNSC Resolutions 853 and 884 explicitly state Nagorno-Karabakh as the territory of Azerbaijan, which shows that Armenia has grossly violated and continues to violate “jus cogens” norm by demanding recognition of NKR as an independent entity. On the other hand, in 1991, Azerbaijan declared itself as a legal successor of the Azerbaijan Democratic Republic and kept the Constitution of 1978 and Soviet laws till 1995 in the post-independence period. Therefore, the restoration of independence did not contradict the sovereignty and territorial integrity of Azerbaijan and not aimed at changing national borders and state structure. 

The occupation and use of military force by the Armenians in the Nagorno-Karabakh conflict significantly weakens the arguments of Pashinyan about “self-determination.” Statuses acquired by a violation of the rules of “Jus ad Bellum” are not unequivocally accepted in the international arena in modern times. When evaluating the Nagorno-Karabakh issue, one shall regard principles due to their importance in that sequence: 1) “Utipossidetis Juris”; 2) territorial integrity; 3) the self-determination of peoples. Under customary international law, the self-determination right cannot be invoked if the territorial integrity and “Utipossidetis Juris” principles are breached. Thus, the two aspects of “self-determination” clearly examines the rights which nations and states can apply; internal self-determination – is the right of the people of a state to govern themselves without outside interference; external self-determination – is the right of peoples to determine their own political status and to be free of alien domination, including the formation of their own independent state. In international law, the right of self-determination that became recognized in the 1960s was interpreted as the right of all colonial territories to become independent or to adopt any other status they freely chose. Ethnic or other distinct groups within colonies did not have a right to separate themselves from the “people” of the territory as a whole. Armenian people have already exercised the self-determination right and established their state. Therefore, Armenians living in the territories of different countries, do not have a reason or right to create another Armenian state.

To put briefly, Armenians authorities’ non-compliance with international law also creates conditions for the proliferation of terrorist groups in the region. The settlement of the Nagorno-Karabakh conflict under international law will ensure the security of the region and the effectiveness of economic and humanitarian assistance. Considering the slowdown in peace talks in Nagorno-Karabakh conflict, the failure of the OSCE Minsk Group, the unfair treatment of the Western media on Nagorno-Karabakh conflict, repeatedly nurturing Azerbaijan’s territorial integrity with an unreasonable attitude by Armenia, makes the region more unstable and increases border clashes. As in the past, the region will not lead to multi-directional change.

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Eastern Europe

Azerbaijani civilians are under Armenian military attacks: Time to live up to ‘never again’

Dr. Najiba Mustafayeva

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2020 marks with the global celebration of the 75th anniversary of the United Nations and entering into force of its Charter on 24 October 1945, which was adopted on the ruins of the Second World War.

The major supranational universal platform of international cooperation was created in response to the mass atrocities committed by Nazis during the War. The victorious powers initiated the creation of this international institution in order to maintain international peace and security, achieve international cooperation in solving international problems, and respect the human rights.

The international crimes of Nazi regime urged international community vowed ‘never again’ to allow horrors of the Second World War to be repeated in the history of a mankind.

Three years later in 1948 the Universal Declaration of Human Rights was adopted by the UN General Assembly and inspired further legally binding international treaties such as the International Covenant on Civil and Political Rights, as well as the International Covenant on Economic, Social and Cultural Rights adopted in 1966 and altogether representing the International Bill of Rights. These landmark international treaties inaugurating the respect for human dignity embody generally accepted standard of accomplishment for all.

The Preamble of the Universal Declaration of Human Rights famously proclaimed that ‘recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world…’.  Undoubtedly, this provision is the result of the tragic experience of the Second World War with its barbarous acts which shocked the whole mankind.

Thus, it is not a coincidence that a year later in 1949 the Geneva Conventions were adopted in order to limit the barbarity of war. These Conventions and their Additional Protocols are the milestone international documents protecting people who do not take part in military actions (civilians, health and aid workers, as well as people who can no longer continue to fight).

Evidently, the international community learned the bitter lesson from the sad experience of the War and decided to unite its efforts to respond collectively to new threats to international peace and security.

However, the noble mission of the world nations crashes to smithereens with the barbarian terror acts committed by Armenia against Azerbaijani civil population.

Since the beginning of the recent escalation between Armenia and Azerbaijan over Nagorno-Karabakh, which was occupied along with the seven adjacent districts by the Armenian military forces, Armenian side intentionally targets civil population of Azerbaijan in rude violation of the norms and principles of international humanitarian law and international human rights law. 

Thus, the second largest city of Azerbaijan, Ganja had come under heavy rocket fires by the military forces of Armenia for the three times in the last two weeks that were resulted in killing of more than 25 and injuring more than 100 civilians. It is worth to mention the fact that the city of Ganja with the population of 500.000 people is located fully outside the battlefield. Armenian military forces used a SCUD / Elbrus ballistic missile and chose the night hours to attack the civil population in order to commit bloody atrocities against as many people as possible.

Armenia targeted civil population not only of the city of Ganja, but also Mingachevir, Goranboy, Tartar, Barda and Shamkir that are also situated outside of the war zone. These provocative and bloody acts were committed despite the announcement of humanitarian ceasefire, which was reached during the meeting of Azerbaijani and Armenian Foreign Ministers in Moscow with the mediation of the Russia.

Intentional killing of Azerbaijani civilians committed by Armenian political-military leadership is a war crime, representing the rude violation of the Hague Conventions of 1899 and 1907, which along with the Geneva Conventions of 1949 address the issues of conduct of warfare and war crimes.

Furthermore, taking into account the fact that targeting civil population is the traditional tactic of Armenian side, the recent bloody attacks are also legally assessed as crimes against humanity.

Noteworthy, the war crimes and crimes against humanity were the corpus delicti for the commission of which German Nazis and Japanese militarists were convicted by the Nurnberg and Tokyo international military tribunals after the Second World War.

Today, 75years later when the world community celebrates the victory over fascism Azerbaijani civilians are under attacks of the Armenian military forces which occupied Azerbaijani internationally recognized territories and committed ethnic cleansing for the last 30 years. These atrocities are committed in front of the world community which promisingly proclaimed a belief in human dignity after the nightmares of the War.

The world community which successfully achieved in a comparatively resent history a revolutionary shift from impunity to international accountability for international crimes should live up to its vow of ‘never again’ today, when innocent Azerbaijani people are suffering from the barbarian acts of the Armenian fascist political-military regime. In fact, the cost of impunity is the threat to international peace and security, which humanity seeks to achieve through the consideration of the tragic experience of the Second World War. 

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Eastern Europe

War in the Caucasus: One more effort to shape a new world order

Dr. James M. Dorsey

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Fighting in the Caucasus between Azerbaijan and Armenia is about much more than deep-seated ethnic divisions and territorial disputes. It’s the latest clash designed, at least in part, to shape a new world order.

The stakes for Azerbaijan, backed if not egged on by Turkey, are high as the Azeri capital’s Baku International Sea Trade Port seeks to solidify its head start in its competition with Russian, Iranian, Turkmen and Kazakh Caspian Sea harbours, to be a key node in competing Eurasian transport corridors. Baku is likely to emerge as the Caspian’s largest trading port.

An Azeri success in clawing back some Armenian-occupied areas of Azerbaijan, captured by Armenia in the early 1990s, would bolster Baku’s bid to be the Caspian’s premier port at the crossroads of Central Asia, the Middle East and Europe.

The Caspian is at the intersection of the Trans-Caspian International Transport Route (TITR) from China to Europe via Kazakhstan, Azerbaijan, Georgia and Turkey and the International North-South Transport Corridor (INSTC) that aims to connect India via Iran and Russia to Europe.

An Azeri military success would also cement Turkey’s claim to be a player in former Soviet lands that Russia views as its sphere of influence and bolster nationalist sentiment among Iranians of ethnic Azeri descent that account for up to 25 percent of the Islamic republic’s population, many of whom have risen to prominence in the Iranian power structure.

In an indication of passions that the conflict in the Caucasus evokes, Iranians in areas bordering Azerbaijan often stand on hilltops to watch the fighting in the distance.

Iranian security forces have recently clashed with ethnic Azeri demonstrators in various cities chanting “Karabakh is ours. It will remain ours.”

The demonstrators were referring to Nagorno-Karabakh, an Armenian enclave inside Azerbaijan that is at the core of the conflict in the Caucasus.

The demonstrations serve as a reminder of environmental protests in the Iranian province of East Azerbaijan at the time of the 2011 popular Arab revolts that often turned into manifestations of Azeri nationalism.

Baku port’s competitive position was bolstered on the eve of the eruption of fighting in the Caucasus with the launch of new railway routes from China to Europe that transit Azerbaijan and Turkey.

China last month inaugurated a new railway route from Jinhua in eastern China to Baku, which would reduce transport time by a third.

In June, China dispatched its second train from the central Chinese city of Xi’an to Istanbul via Baku from where it connects to a rail line to the Georgian capital of Tbilisi, the eastern Turkish city of Kars and onwards to Istanbul.

Azeri analysts charge that Armenian occupation of Azeri territory and demands for independence of Nagorno-Karabakh, threaten Baku’s position as a key node in Eurasian transport corridors.

“By continuing its occupation Armenia poses (a) threat not only to Azerbaijan’s territorial integrity but also to the regional stability and cooperation,” said Orkhan Baghirov, a senior researcher at the Baku-based Center of Analysis of International Relations, a think tank with close ties to the government.

Mr. Baghirov was referring to recent Russian, Iranian, Turkmen and Kazakh efforts to match Baku in upgrading their Caspian Sea ports in anticipation of the TITR and INSTC taking off.

Russia is redeveloping Lagan Port into the country’s first ice-free Caspian Sea harbour capable of handling transhipment of 12.5 million tonnes. The port is intended to boost trade with the Gulf as well as shipment from India via Iran.

Lagan would allow Russia to tap into the TITR that is part of China’s Belt and Road Initiative (BRI) via the Russian railway system as well as Kazakh, Turkmen, and Azeri ports.

It would also bolster Russian, Iranian and Indian efforts to get off the ground the INSTC that would hook up Caspian Sea ports to create a corridor from India to Russia via Iran, and in competition with the Suez Canal, to northern Europe.

The INSTC would initially link Jawaharlal Nehru Port, India’s largest container port east of Mumbai, through the Iranian deep-sea port of Chabahar on the Gulf of Oman, funded by India to bypass Pakistan, and its Caspian Sea port of Bandar-e-Anzali to Russia’s Volga River harbour of Astrakhan and onwards by rail to Europe.

Iranian and Indian officials suggest the route would significantly cut shipping time and costs from India to Europe. Senior Indian Commerce Ministry official B B Swain said the hook up would reduce travel distance by 40 and cost by 30 percent.

Iran is further investing in increased capacity and connectivity at its Amirabad port while at the same time emphasizing its naval capabilities in the Caspian.

For their part, Turkmenistan inaugurated in 2018 its US$1.5 billion Turkmenbashi Sea Port while Kazakhstan that same year unveiled its Kuryk port.

The fighting between Azerbaijan and Armenia with Turkey and Israel supporting the Azeris; Russia struggling to achieve a sustainable ceasefire; Iran seeking to walk a fine line in fighting just across its border; and Saudi Arabia and the United Arab Emirates attempting to stymie Iranian advances wherever they can, threatens to overlay port competition in the Caspian with aspects of the Middle East’s myriad conflicts.

Said Iran scholar Shireen T Hunter: “Largely because of the Iran factor, the Caucasus has become linked with Middle East issues. Israel and Saudi Arabia have tried to squeeze Iran through Azerbaijan… Thus, how the conflict evolves and ends could affect Middle East power calculations…. An expanded conflict would pose policy challenges for major international players.”

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