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The Price of Opportunism: Georgia’s Saakashvilli and the Lessons of History

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Modern diplomacy does not imply one should ignore the lessons of contemporary history. Nor should one sacrifice prudent long-term policies for the perception of short-term national gains. Both may have taken root in Mikhiel Saakashvilli’s reign in the Republic of Georgia. An observer might wonder why Georgia has put itself in positions that have reduced its sovereignty.

Sovereignty does not simply represent the relative extent to which the military and economic power of a state is measured, but rather it is the capacity of a state’s power and right to act. Clearly, sovereignty can be projected beyond the recognized physical bounds of a state.

In January 2004, Saakashvilli became the president of Georgia, riding the wave of the Rose Revolution, predicated on ridding the country of endemic corruption, removing Russian military bases from Georgian territory, and centering on European integration and NATO membership. While many of these goals might be laudable, what appears as an underlying assumption by Saakashvilli and others is by acting the part of a surrogate, the west will automatically embrace all that is in Georgia’s interest. The folly of such assumption was made clear in 2008 when events in South Ossetia degenerated into a short mini-war between Russia and Georgia. With Georgia on its own, it lost sovereignty over South Ossetia and Russia recognized the independent status of former Georgian regions of Abkhazia and South Ossetia.

During the Saakashvilli years, citizens of Turkey were given Georgian citizenship by claiming they were of Georgian ethnicity by, for example, speaking a few words in Georgian. [1] Many of these dual citizens set up shop in Batumi on the Georgian Black Sea coast where there is a clear Turkish flavor to Batumi today. Others opened businesses throughout Georgia, mainly in Tbilisi. In the short term this might not be an issue. However, Saakashvilli set up conditions in Batumi something akin to what took place in the region of Alexandretta, the once French-administered, mainly Arab populated Mediterranean coastal province of post-WWI Syria. Saakshvilli’s policies did not take two important items into account: the very dynamic nature of states in regional relations, and the existential expansionist tendency of Turkey. The latter is expressed today as neo-Ottomanism, which has always existed since the very early 1920s. In 2004, who would have thought the somewhat secular nature of Turkey would be transformed into a near-Islamic state within a decade? In any case, it should have been predicted. Part of national strategic planning is to understand the forces, sometimes hidden just under the surface, which could potentially end up working against state interests, decades in the future. In Georgia, such planning was firmly centered on NATO membership, uber alles. Saakashvilli’s strategic long-term planning was in fact short-term opportunism.

Turkish Policies

Since the 1920s, Turks have claimed lands as far apart as Bosnia, Bulgaria, Crimea, Georgia, Armenia, Azerbaijan, Iraq, Syria, and all of Cyprus. [2] This was based on what was known as Misak-ı Millî, or National Pact. See map. Only last year, Turkish President Erdogan questioned Greek sovereignty over the Dodecanese Islands and the mayor of Ankara added all of the Greek Aegean to Erdogan’s list. [3] All these claims could be dismissed as political rhetoric, but Turks have traditionally used such statements as trial balloons, gauging the degree of international response. Countries with transformational or expansionist agendas wait for opportunities to execute their plans, and Turkey has been rather successful with this strategic policy; its trail is briefly reviewed below.

turkmap1

The Republic of Turkeys borders according to the National Pact [4]

Alexandretta cum Hatay

During the lead-up to WWII, anti-fascist powers sought political allies, for much of the world was fracturing between fascist and non-fascist camps. With French officials looking the other way, a fraudulent referendum employing also Turkish soldiers and tens of thousands of imported Turkish citizens, a joint French- and Turkish-administered pseudo-republic of Hatay was “voted” into being in 1938. This pseudo-republic was formerly known as the Mediterranean coastal region of Alexandretta under the French Syrian Mandate. France relinquished control of this region solely to Turkey in late 1939. The pseudo-republic did not have a Turkish majority; rather, it was 60% non-Turk. In a quid pro quo with France, Turkey agreed not to enter WWII on the side of Nazi Germany. However, within two years, Turkey signed a friendship treaty (Türkisch-Deutscher Freundschaftsvertrag) with the Nazis. Subsequently, “neutral” Turkey supplied the majority of Germany’s chrome and other essential material aiding the Nazi war effort. Turkey exited WWII with a larger landmass and eventually joined NATO in 1952.

Cyprus

In 1974, Turkish armed forces invaded and eventually occupied about 40% of the Republic of Cyprus. Although not an outright annexation, the Turkish occupation continues to this day, backed by 40,000 soldiers. As with Alexandretta/Hatay in 1939, Cyprus was a right-time/right-place venue with prevailing conditions in favor of a Turkish invasion and subsequent occupation. After years of Greek-Turkish ethnic strife on this island subsequent to its 1960 independence from the UK, Turkey had its plans ready, only requiring the right conditions for their implementation. On July 20, 1974, Turkish troops invaded Cyprus, five days after a coup d’état in Nicosia, the Cypriot capital. The coup’s goal was Cyprus’ annexation with Greece. Great Britain was a guarantor of the island’s sovereignty. US Secretary of State Henry Kissinger strongly lobbied against a British military operation that would have preempted the second Turkish invasion while Article IV of the 1947 agreement between Turkey and the United States required Turkey to obtain US consent to use its military assistance for something other than it was furnished. [5] Clearly, the guarantor of Cyprus’ sovereignty had other plans as thousands of British troops stationed in Cyprus didn’t interfere with the Turkish invasion while the US spoke out of both sides of its mouth.

Within a couple of weeks, Greece’s ruling military junta collapsed and Turkey invaded the island again, expelling nearly 150,000 Greeks from the north of the island. Eventually, Turkey imported 150,000-160,000 settlers from mainland Turkey into the northern occupied zones, as well as absorbed ethnic Turks living south of the front lines. This enabled the 18% Turkish population of the island to grab almost 40% of its land mass. Since the formative days of the Turkish Republic, an undertone of Turkish designs on Cyprus existed. The north of the island is referred to as the Turkish Republic of Northern Cyprus, an internationally unrecognized entity.

Abkhazia

In September 2009, Unal Cevikoz, the Deputy Under Secretary for Political Affairs in the Turkish Foreign Ministry met with the Abkhazian Foreign Minister Sergey Shamba in Abkhazia. An offer of Turkish recognition of Abkhazia in exchange for Russian recognition of the Turkish Republic of Northern Cyprus was denied by Russia of any such quid pro quo. Turkey’s Abkhazian lobbies were pushing for recognition, making a striking parallel to events in Northern Cyprus. [6] Quoting  Today’s Zaman, September 17, 2009 [7],

“During a period in which Abkhazia’s independence process has begun to gain momentum, Cevikoz could not have gone to Sukhumi to engage in efforts to restart a peace process between Abkhazia and Georgia. Therefore, we can presume that, to prevent Abkhazia from unifying any further with the Russian Federation, Ankara may have asked Tbilisi to allow a controlled relationship with Abkhazia. To be more explicit, the door may be opened to preventing Georgia from intercepting ships on humanitarian missions or those involved in trade traveling between Turkey and Abkhazia using the Black Sea.”

Further it was argued

“…Ankara sees that a close relationship with Abkhazia would eventually produce a similar multi-dimensional relationship with Cypriot Turks in the eastern Mediterranean. Abkhazia in this case would become an accessible Black Sea coastline for Turkey.”

Turkey was attempting to preempt a closer Russian relationship with Abkhazia by offering its own close relationship.

Armenia

On two occasions, October 6 and 7 of 2015, Turkish military helicopters violated Armenian airspace. NATO ignored the incident, which was clearly designed to send a message to the Russians, whose interests in Syria – at the time – were not in line with those of Turkey. This culminated in the Turkish shoot-down of a Russian SU25 only six weeks later. The resulting war of words, Russian sanctions of Turkish products and services, as well as a break in relations changed when Russian and Turkish Syrian interests just happened to line up a year later.

Adjaria

Late last year, Turkey made it known that based on their Turkish National Pact and a parochial interpretation of 1921 Treaties of Kars and Moscow, the Autonomous Georgian Republic of Adjaria, with the major Georgian Black Sea port of Batumi, will revert to Turkish jurisdiction in 2021. [8] Various maps and interpretations exist regarding such claims. [9]

Erdogan, in a speech at Rize University in Turkey, said, [all parentheses mine]

“Our physical boundaries are different from the boundaries of our heart … and I am asking you Rize my dear bothers. Is it possible to separate Rize from Batumi? Or is it possible to think Edirne (far NW Turkey on the Greek border) apart from Thessaloniki (in Greece proper) or Kardzhali (in Bulgaria, just west of Edirne)?” [10]

It is unknown what prevailing regional conditions may exist in 2021. Perhaps Turkey will make no demands, or it will come to some agreement for even a stronger relationship with Adjaria. Will conditions deteriorate in Turkey where their irredentist reaction would be to protect “our Adjarian brothers and Turkish investment in Batumi?” Erdogan’s words may be dismissed but what cannot be dismissed is long-term Turkish planning.

The success Turkey has had in expanding its landmass and regional influence, combined with the vagaries of state interests coinciding makes one wonder what Saakashvilli was thinking when he basically opened Batumi for heavy Turkish investment. In the short term, it may have had a positive effect on the economy of Batumi. However, in the long term, Georgia has opened up the gate to an increased Turkish influence in Adjaria where, given the right conditions, a Turkish occupation would be agreed to by other regional powers. This is not out of the realm of possibility considering events over the past hundred years. A Turkish firm, TAV (Tepe-Akfen-Vie), has been awarded management control over Tbilisi and Batumi airports. [11] Are not Georgians able to run their own airports? [12] How much more of Georgia’s sovereignty is being bargained for short-term gain?

With east-west pipeline routes that crisscross Georgia, which clearly concern Azerbaijan and Turkey, one has to wonder why the May 23, 2017 meeting of Georgian, Azerbaijani, and Turkish defense ministers was allowed to take place in Batumi. The meeting resulted in closer military cooperation. What message was being interpreted by long-term Turkish planners? The Georgian track record includes Tbilisi having already acquiesced to both Azerbaijani and Turkish pressure on Georgian control over its section of the proposed Baku-Tbilisi-Kars railroad. [13]

Earlier this year, the Georgian government suspended the license of Batumi’s Refaiddin Shahin Friendship School. [14] This institution was part of the Gulen school system sponsored by Muslim cleric Fethullah Gulen, accused by Turkish President Erdogan of being behind the July 2016 attempted Turkish coup d’état. Georgia granted Turkey’s demand for the school to be shut down and replaced with a new school supervised by the Turkish Ministry of Education. [15] Note the venue. One might ask where the Georgian flag is; this being Batumi, after all.

On June 21, 2017, Kutaisi Street in Batumi was blocked off for a Turkish celebration with Turkish flags flying everywhere, and there were no Georgian flags to be seen. [16] There are repercussions, some irreversible, upon confusing long-term strategic planning with short-term tactical opportunistic decisions made a decade ago.

Marnueli

Both Iran [17] and Turkey are competing for influence in the Georgian Marnueli region of southern Georgia, which is demographically a Shia-Muslim Azerbaijani-speaking majority. While Iran has not engaged in expanding its borders for centuries, the Turkish army completed the modernization of Georgia’s Marneuli airfield. [18] Starting from March 2000, Turkish warplanes could use this Marnueli airbase in an agreement signed by Eduard Shevardnadze. [19] The question is not who will win influence in Marnueli, but how much Georgia may have already lost.

Georgian Public Reaction

The Georgians themselves have reacted to such encroachment. Last September, a riot-like rampage erupted on Aghmashenebeli Street in Tbilisi with clear anti-Turkish overtones. [20] This street has many Turkish-owned businesses and the rampage resulted in a lot of property damage.

Nerves got frayed in Batumi during April of 2016 [21] when a Turkish land owner was accused of destroying the wall of a church. Although details were not clear, such reaction was magnified by the efforts associated with the construction of a second mosque in Batumi, specifically of the Turkish-Ottoman style. This controversy has been brewing for over five years. Former Prime Ministers Bidzina Ivanishvili promised to build the second mosque in 2012 and his successor Irakli Garibashvili promised to look into this request.

Turkish Defeat at Didgori, Turkish Victory in the Georgian Parliament

On March 23, 2017, the Georgian Parliament approved the first hearing of the Didgori War Day, August 12, as “Great Victory Day”. [22] This celebrates the Georgian victory over Seljuk Turk invaders on August 12, 1121. However, at the request of the Turkish government, the Georgian parliament suspended discussions on making this Georgian victory a national holiday, claiming such a decision will result in “unpleasant relations”. Georgian PM, Nuktri Kantaria noted [in translation],

“Unfortunately, we are a small country, we do not have imperial intentions, and we do not try to put someone else under our influence. Thats why we have diplomacy, we have to tread carefully on the edge, so we will not lose anything and harm the countrys perspective. Turkey is our huge neighboring state, it has the capability to substantially increase tensions with us. Turkey does not recognize Abkhazia or Samachablo [South Ossetia] as independent countries, we are grateful for that, and has no pretensions on Adjara; however, the national perception document is clearly written that Adjara is its [Turkish] territory. The Kars Treaty has no time limit and this agreement clearly states that Georgia conceded land to Turkey in 1921. In other words, these lands were mine and were conceded to you, not that justice has been restored. There are a lot of things we need to use a little bit of intelligence for their resolution.”

This bill will come up for parliamentary discussion in July. Its outcome will be interesting, for the “Great Victory Day” defined the survival of the Georgian nation. The Georgian Parliament will have to decide what is more important for them, the celebration of national survival or serving Turkish whims. They are, in fact, mutually exclusive.

[1] „გაუგებარია, რატომ მისცეს თურქეთის მოქალაქეებს საქართველოს მოქალაქეობა

[2] Turkey’s New Maps Are Reclaiming the Ottoman Empire

[3] Ankara’s mayor claims all the Greek islands as Turkish property [Map]

[4] Deliogul at the English language Wikipedia, CC BY-SA 3.0

[5] Turkey’s Foreign Policy in Transition: 1950-1974, 1975, Kemal Karpat, page 33

[6] Turkey: Ankara Probing for Stronger Ties to Renegade Georgian Region of Abkhazia and Turkey and Georgia: Zero-Problems?, page 4

[7] Turkey Considers the Status of Abkhazia

[8] Erdoğan’ın sözünü ettiği Misak-ı Milli nedir?

[9] Turkey’s Misak-i Milli and Caucasus

[10] “We Are Present in the History of Mosul”

[11] Georgia Airport Profile

[12] New Airport Terminal Opened in Tbilisi

[13] The silk & steel road through the Caucasus

[14] Georgia: Gülen School Loses License

[15] Turkey opens first state school in Georgia’s Batumi

[16] Events in Batumi June 21, 2017

[17] Iran Builds Soft Power in Georgia to Foster Tighter Nexus With Russia

[18] Turkey and Georgia: Strategic Connections

[19] Turkish Foreign Policy in the Post-Cold War Period, Nasuh Uslu, Nova Publishers, 2004, page 72

[20] შსს – სამართალდამცველებმა „მარჯანიშვილზე“ არასანქცირებული, აგრესიული მსვლელობა დაშალეს და 11 პირი დააკავეს

[21] ბათუმში თურქმა ბიზნესმენმა ეკლესიის გალავანი დაანგრია

[22] თურქეთის საელჩოს თხოვნით პარლამენტმა დიდგორის დღის უქმედ გამოცხადებაზე კანონპროექტი შეაჩერა

David Davidian is a Lecturer at the American University of Armenia. He has spent over a decade in technical intelligence analysis at major high technology firms.

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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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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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