While very few Americans (and Western Europeans for that matter) would be hard pressed to successfully locate the Republic of Abkhazia on a map (it’s the northwest corner sandwiched in between the Russian Federation and Georgia, its western shores lapped by the Black Sea), even fewer (de facto, no one) would be able to tell you that for the last month a very curious and potentially tense international situation has been brewing there over the holding of presidential elections. There has already been plenty of local and regional coverage over just how the first two rounds have gone for President of Abkhazia. In short, no one won a commanding victory in the first round, which automatically triggered a second round run-off between incumbent local leader Raul Khajimba and head of the opposition party, Alkhaz Kvitsiniya. In that second round, which just took place last week, Raul Khajimba was declared the winner in an extremely close race (39,793 votes for Khajimba vs. 38,766 for Kvitsiniya). Kvitsiniya has subsequently spent the past week declaring the illegitimacy of the election, even going so far as to take the decision to court with the Central Electoral Commission, which reviewed the complaint and ultimately decided unanimously to uphold election results. Kvitsiniya is still hoping to garner enough local, regional, and international support to nullify the elections, claiming illegitimacy basically on two principles:
Khajimba did not garner a 50% majority share of the votes in the second round run-off (his percentage was 47.39%).
The overall amount of ‘against all’ in the election was 3,155. This amount, combined with the amount of votes received by Kvitsiniya, exceeds the amount tallied by the declared winner and thus it is illegitimate that Khajimba should be President.
There are two immediate problems at the local level with this logic. Firstly, there does not seem to be a provision in Abkhazian electoral legal documents that demands a second round run-off winner has to receive more than 50% of the votes cast. It seems as if people who favor Kvitsiniya are taking the first round rules (in which any candidate that received more than 50% of the overall vote would have automatically won the presidency and no second round run-off would be necessary) and applying them arbitrarily to the second round. But again, it is not clear that Abkhazian electoral law stipulates this and there is some documentary evidence to show the opposite is true: in the second round, you simply need to win a simple majority against the main opponent. Secondly, the idea of combining the losing candidate’s votes together with the ‘against all’ tally is simply absurd and ludicrous. Those in support of Kvitsiniya seem to be very conveniently arguing that a vote ‘against all’ is obviously a vote against Khajimba. Even more conveniently, they are also forgetting that a vote ‘against all’ is without doubt a vote against Kvitsiniya as well. So, the idea that his supporters have an exclusive right to take the ‘against all’ vote for their own favor is ridiculous. After all, if you add the ‘against all’ votes on the same principle and give them to Khajimba, his overall total now becomes 42,948, which is actually 52.55% of the overall vote, which would make null and void Kvitsiniya’s first complaint of illegitimacy. Not surprisingly, supporters of Kvitsiniya strive to keep these numbers out of the media.
The idea of local elections, even at the ‘presidential’ level, across areas of the former Soviet Union being hotly contested, with claims of corruption, chicanery, and unfair double-dealing, is not exactly surprising. This type of controversy has happened all over the Post-Soviet space since the dissolution of the USSR in 1991. And there are plenty of extremely talented political analysts and electoral observers all over Russia and Georgia fully capable of covering this race. The race itself does not explain why I am so interested suddenly in Abkhazian affairs. What intrigues me most is how much foreign affairs, Russian-American relations, and global power competition are embedded within these elections while Western observers try to claim innocence and pretend that the current tense state between Russia and America does not play a role. Note that at the very beginning of this article I mentioned the declared winner of the Abkhazian Presidency was the local leader Khajimba. Most western media outlets are using the term ‘separatist’ to describe him but conveniently NOT explaining what this ‘separatism’ means. Khajimba is a local resident of Abkhazia who in the past has been a member of Parliament in Georgia and has previously participated in presdiential elections in Abkhazia in 2004, 2009, 2011, and 2014. This was all before there was ever any formal conflict or tension with Georgia and Russia. Khajimba simply believes the best future fate of his native region lies with more sovereignty and independent governance for Abkhazia by Abkhazia. For him the issue is not about whether Russia or Georgia should control Abkhazia at all. He has even put in his own case in court to push for this, but through the proper legal process and with respect to the rule of law. It has been the opposition opponent and his group that have tried to block, postpone, and delay this court petition, subverting the rule of law de facto. This subtlety is missed in the West and instead Khajimba is painted with the broad and negative brush, ‘separatist.’ That record should be corrected.
So when more than a dozen western countries come out against not just the election results but actually against the very holding of elections at all (calling them a ‘sham’ and ‘fake’), it is not so much about legal precedents as it is about America fearing the Russian bogeyman, seeing Abkhazia destined to go the way of Crimea – back into the territorial fold of the Russian Federation – regardless that Khajimba has never uttered any desire for that to happen. Russian readers can be forgiven if they do not know that since Crimea rejoined the Russian Federation, every single western media outlet, bar none, has addressed that event as the ‘annexation’ of Crimea. To date, I am the only Western scholar I know on record as using the term ‘secession’ instead. What’s in a word? Quite a bit, actually. The use of the term ‘annexation’ implies forced compliance and non-voluntary action. ‘Secession’, on the other hand, means the opposite. Since Western analysis of Russia today is incredibly biased in portraying Russian interests as always heavy-handed and manipulative, Crimea will always be ‘stolen’ rather than a willful vote of the majority of the local population to decide their own future political status. Abkhazia, to me, is very much in a similar position with the election of Khajimba as President. Perhaps more cynically, it is highly doubtful the United States really cares so intensely about the ‘territorial integrity’ of Georgia. It is also highly doubtful that it truly believes hard data and factual evidence shows that Abkhazia would be better off under Georgian rule rather than under its own management.
The only real reason the United States voices such staunch opposition is simply because it is an American cardinal interest to keep Russian dominance within its own regional neighborhood tamed. At the time, many in the West warned that Crimea was going to be a ‘stepping stone’ to Russia taking over other parts of Eastern Ukraine, and then Poland, and after that the Baltics. Of course, none of that has even come close to happening, with Russia not really showing that much interest in causing so much regional disruption. Not surprisingly, no one in the West has recanted those dire predictions and or admitted to being wrong about declaring the ‘rebirth of a violent new Russian empire.’ So people should be forgiven if they are not willing to listen now to similar American claims about how allowing Abkhazia to become closer in diplomatic and economic terms with Russia will signal a new cascade of annexations, where soon enough there will be no more Caucasus at all but a new Russian empire in its place. The American boy who cried about the Russian power wolf. Again.
The greater philosophical questions worth debating deal with power. Who has the right to secede? Who does not? What reasons are legitimate to change territorial allegiance or membership status in a given country? What reasons are illegitimate? Should such considerations be a strictly local issue, based on the true and fair political will of the local people expressed through elections? Or are these considerations at the mercy of greater international powers, rendering regions like Abkhazia nothing but pawns in a greater chess game taking place on the international stage? It is beyond the scope of this article to answer those questions. But this article does warn all readers from believing anyone who would give easy and trite answers to such complex, profoundly problematic questions, with Russia always conveniently being placed in the role of villain.
Ceasefire Violated, Civilians of Ganja, Azerbaijan Hit –Again
Authors: Julia Jakus and Anar Imanzade
Intensifying rocket and artillery fire exchanges between Armenia and Azerbaijan have driven military overtures from both sides as well as mutual accusations that civilians are being unlawfully targeted. The disputed region Nagorno-Karabakh has long been the catalyst of periodic clashes, but the situation dramatically deteriorated over the last several weeks. Why is Nagorno-Karabakh so ardently contested, and what are the implications of recent escalations in this conflict?
The Nagorno-Karabakh and seven surrounding districts were occupied by Armenian forces between 1988-1993 (Council on Foreign Relations, 2020). One year prior to the end of this occupation, Armenian forces massacred over 600 Azerbaijani civilians in Khojaly on February 26, 1992. Following the military occupation of the region as well as its seven surrounding districts, over 1.000.000 people were displaced – most of whom had immediate family members and relatives who were killed during the 5-year occupation.
Since 1992, the Armenian military has occupied upper Karabakh laying claim to the territory on the basis that the region harbors an ethnic majority of Armenians. However, no less than four UN Security Council resolutions (822,853, 874, and 884) recognize the Nagorno-Karabakh region as being a part of Azerbaijan and actively call for the immediate withdrawal of the Armed Forces of Armenia from occupied territories within Azerbaijan. Although a ceasefire was signed in 1994, the region has remained under Armenian occupation (Jeyhun Aliyev and Ruslan Rehimov, 2020).
From Border Clashes to Bombings
In July,the border clashes near Tavush of Armenia (Tovuz of Azerbaijan)resulted not only in 16 deaths (12 Azerbaijani, 4 Armenians) but also spiked these long-simmering tensions between the two countries. Azerbaijan responded by shelling military objects in Stepanakert (the capital of Nagorno-Karabakh). The most recent operations recommenced on the 27th of September when Azerbaijan took the city of Hadrut (which is geostrategically important because of its proximity to the heart of Karabakh). Since then, the Armed Forces of Azerbaijan have liberated some of its territories namely via targeting military components such as artillery batteries and other facilities. While Azerbaijan proclaims that they are liberating the region, Armenian officials decry that Azerbaijan and Turkey are conspiring to commit another genocide against the Armenian people.
Although memories of 1915 still burn painfully in the hearts and minds of Armenians, many might argue that mobilizing memories of the 1915 Genocide with reference to the Nagorno-Karabakh actively ignores the fact that geopolitical conditions have markedly changed over the last 100+ years. Because Armenia is a member of the CSTO, if Armenia is attacked, then Russia and other members of this organization bear an obligation for military interference on their behalf. Likewise, more than 100,000 ethnic Armenians live in Azerbaijan in relative peace while veryfew Azerbaijani live in Armenia which means that very little threat should emanate from within Armenia’s borders. From this angle, it certainly appears that the main aim of Azerbaijan remains exclusively the liberation of its occupied territories.
The last week of September and the first week of October were marked by particular ambiguity as both sides ardently claimed to have succeeded in gaining the upper hand. However, the dynamic changed significantly on the 9th of October when both the Azerbaijani and Armenian Foreign Minister were invited to Moscow. There, they each agreed to a humanitarian ceasefire and promised to exchange the bodies of fallen soldiers beginning on October 10th. However, on the 11th of October between 2:00 and 3:00 am, Armenian Forces launched another missile attack on Azerbaijan’s second-largest city Ganja (the first occurred on the 5th of October). In the second attack, a missile struck a civilian residential building and resulted in the deaths of 10 people, more than 35 injured. Children were among both the fatalities and casualties. By targeting residential areas in the city of Ganja immediately following a ceasefire agreement, this military overture not only violated the Geneva Conventions but also upended over 30 years of negotiations presided over by the Minsk Co-Chair Group of the OSCE.
The city of Ganja lies in the West of Azerbaijan, just North of the contested Nagorno-Karabakh region. It is seen as an energy corridor from the Caspian Sea to global markets, and for this reason, bears a strong geostrategic value. On the heels of 3-decades of diplomatic stagnancy, the Armenian Prime Minister NikolPashinyan has made provocative remarks that steer away from rather than toward conflict resolution such as, “Karabakh is Armenia…full stop” (Eurasia.net, 2019). The deaths of Azerbaijani civilians in recent attacks appear to have had the greatest unifying effect on the Republic of Azerbaijan since its independence from the Soviet Union in 1991. The Azerbaijani demand to end Armenian occupation has even garnered the support of opposition leaders for Ilham Aliyev, the president of the Republic of Azerbaijan.
As Armenian-Azerbaijani tensions escalate, both Russia and Iran have offered to broker peace talks. Macron and Trump have also publicly advocated for a ceasefire, in spite of powerful Armenian lobbies residing in both states. Azerbaijan has indicated that it is not willing to wait another 30 years without action. The ceasefire, to Azerbaijan, is tantamount to the permanent withdrawal of Armenian troops from the Nagorno-Karabakh region. To Armenia, stepping away is associated with abandoning ethnic Armenians living in the Azerbaijani territory—in spite of the international resolutions demanding them to.
External actors have also played a complicating role. For example, while Moscow publicly advocates for a ceasefire, Russia maintains a military pact with Armenia to the extent that they have continued to send military equipment to Armenia… while simultaneously bearing otherwise good politico-economic ties with Azerbaijan. This, in turn, raises Russia-Turkey tensions. Erdoğan recently pledged his allegiance with Baku on the basis both of historic alliances and existing economic ones. This is not surprising given the historic animosity between Yerevan and Ankara as well as the fact that vital oil and gas pipelines run from Baku to Turkey. Global responses have been mixed. All foreign powers watching the violence escalate have kept a keen eye on the pipelines, but some surmise that –until oil and gas are impacted – those same powers are likely to try to dismiss the issue as an internal clash. Still, other world leaders to UN Secretary-General António Guterres have been calling for a true ceasefire.
The dispute presents a situation riddled with competing narratives, but one thing is certain: as military overtures bleed beyond the traditionally contested region and into civilian cities of Azerbaijan, the prospects of fruitful diplomatic relations between Azerbaijan and Armenia over the disputed region of Nagorno-Karabakh recede.
A Chill in Georgia-China Relations
A sense of growing disenchantment is starting to dominate China-Georgia relations. Given China’s ambitious Belt and Road Initiative (BRI) and Georgia’s geographical importance to the realization of China’s plans, Georgian elites had high hopes for the future. Today, few people are as enthusiastic.
The relationship used to look promising. In 2017 China and Georgia signed a free trade agreement to remove customs barriers, in a move Georgian leaders hoped would boost exports and help develop the Georgian economy. The Georgian government also expected an increase in Chinese investments into Georgia’s infrastructure, specifically its Black Sea ports of Poti, Batumi, Anaklia, as well as east-west rail and road links. Several large-scale investment forums were held in Tbilisi for that purpose.
Fostering closer ties with China was also seen as a vital component of Georgia’s quest to balance Russia’s regional influence, and as a hedge against Russian military moves in occupied Abkhazia and South Ossetia.
The hopes for improvements in trade have not panned out. While there has been a steady increase in overall volume, statistics show that Georgia mostly exports raw materials to China, such as copper and various chemicals. A market for goods higher up the value chain has not materialized. Similarly, concerns over corrupt practices have increased, especially tied to how Chinese companies have been awarded contracts. One illustrative case concerns Powerchina’s subsidiary Sinohydro winning a €26.3 million tender for the reconstruction of a 42-kilometer section of the Khulo-Zarzma road. Sinohydro has a long record – both in Georgia and abroad – of corruption, environmental degradation, and of generally shoddy work. And yet it keeps winning new tenders.
Furthermore, it has become apparent to policymakers in Tbilisi that China will not go out of its way to harm increasingly important relations with Russia. For example, China has been generally unhelpful on key diplomatic issues critical to the Georgian side. It repeatedly failed to back Georgia’s UN vote on refugees forcefully expelled from Abkhazia and South Ossetia by separatists and Russian troops. It repeatedly failed to denounce de-facto presidential or parliamentary elections held in Georgia’s occupied territories. China has also stayed silent on Russian cyber-attacks against Georgia over the last few years, as well as on Russian “borderization” policies in South Ossetia. Its Ministry of Defense even announced that it would participate in the Russian-led “Kavkaz-2020” exercises, alongside troops from Abkhazia and South Ossetia.
China has also helped the Kremlin seed destabilizing disinformation in the country. On September 2, the Chinese state media outlet China Daily questioned the utility of the U.S.-funded Lugar Laboratory located near Georgia’s border with Russia and alleged that it both represented a biohazard risk to Georgia and that Georgian citizens were being unwittingly used as test subjects.
All this stands in striking contrast with Georgia’s Western partners, who continuously stand up for Georgia’s foreign policy priorities, as well as for its territorial integrity. Though increasingly disenchanted with China, Georgian leaders continue to walk a diplomatic tightrope, keen to not draw ire from China while preserving its ties to the West. But as America’s stance on China hardens, it will be more and more difficult to maintain this balance. In a series of public letters addressed to the Georgian government sent earlier this year, U.S. congressmen and senators have been explicit that Georgia needs to avoid deep entanglements with China and hew closely to Western standards and trade practices.
The balancing act is simply unsustainable. Georgia’s NATO and EU membership aspirations, the cornerstone of its geopolitical orientation, are an irreconcilable irritant for China, especially as the Alliance expands its scope to face down China’s growing military ambitions in the Indo-Pacific region. Georgia will be forced to pick sides eventually.
And the outcome is a foregone conclusion. At this point, criticizing China openly would cost Georgia a lot, which means that Tbilisi taking a firm stance on Taiwan or on human rights issues is not likely. But as tensions ratchet up between the West and China, expect Georgia to side more firmly with the West, not only politically, but also increasingly economically, by embracing Western 5G technologies as well as its trade and investment standards.
Author’s note: first published in cepa.org
How Pashinyan failed in the peacekeeping mission and complying with international law
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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