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

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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.

Mr. Aliyar Azimov is Senior Specialist in the Institute of Caucasus Studies at Azerbaijan National Academy of Sciences. He is an honored graduate student of Pécs University. He got his Bachelor degree at Baku State University from International Relations and Economics programme. His main research fields concern on energy politics and security, international security and foreign policy issues, peace and conflictology, political economy, and internal/external affairs of South Caucasus. He is successful participator of Essay Contest, titled Russia’s actions against the Southern Gas Corridor and potential impacts in this direction, held by UNEC Research Foundation. He was honored as the best student of year in 2013 at Baku State University. Mr. Aliyar worked as a program manager at Hungarian NGO – Subjective Values Foundation. Currently, he is also External Relations Manager at Technote, which is the biggest tech media company in Azerbaijan.

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Eastern Europe

Unhappy Iran Battles for Lost Influence in South Caucasus

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Events that might not matter elsewhere in the world matter quite a lot in the South Caucasus. Given a recent history of conflict, with all the bad feelings that generates, plus outside powers playing geostrategic games, and its growing importance as an energy corridor between Europe and Central Asia, the region is vulnerable. 

This has been worsened by the two-year-long Western absence of engagement. In 2020, Europe and the U.S. were barely involved as the second Nagorno-Karabakh war broke out between Armenia and Azerbaijan, leaving about 7,000 dead. With tensions now on the rise between Azerbaijan and Iran, Western uninterest is again evident, even though this might have wider ramifications for future re-alignment in the South Caucasus. 

The drumbeat of Iranian activity against Azerbaijan has been consistent in recent months. Iran is getting increasingly edgy about Israel’s presence in the South Caucasus — hardly surprising given Israel’s painfully well-targeted assassination and computer hacking campaigns against nuclear staff and facilities — and especially its growing security and military ties with Azerbaijan, with whom Iran shares a 765km (430 mile) border. Iran has also voiced concern about the presence in the region of Turkish-backed Syrian mercenaries, who were used as Azeri assault troops last year.  

Much of the anger has been played out in military exercises. The Azeri military has been busy since its victory, exercising near the strategic Lachin corridor which connects the separatist region to Armenia, and in the Caspian Sea, where it has jointly exercised with Turkish personnel. Iran, in turn, sent units to the border region this month for drills of an unstated scale. 

This week, the Azeri and Iranian foreign ministers agreed to dial down the rhetoric amid much talk of mutual understanding. Whether that involved promises regarding the Israeli presence or a pledge by Iran to abandon a newly promised road to Armenia was not stated. 

Iran’s behavior is a recognition of the long-term strategic changes caused by the Armenian defeat last year. Iran has been sidelined. Its diplomatic initiatives have failed, and it has been unwelcome in post-conflict discussions. 

It is true that Iran was never a dominant power in the South Caucasus. Unlike Russia or Turkey, the traditional power brokers, it has not had a true ally. Iran was certainly part of the calculus for states in the region, but it was not feared, like Russia or Turkey. And yet, the South Caucasus represents an area of key influence, based on millennia of close political and cultural contacts. 

Seen in this light, it is unsurprising that Iran ratcheted up tensions with Azerbaijan. Firstly, this reasserted the involvement of the Islamic Republic in the geopolitics of the South Caucasus. It was also a thinly-veiled warning to Turkey that its growing ambitions and presence in the region are seen as a threat. In Iran’s view, Turkey’s key role as an enabler of Azeri irridentism is unmistakable. 

Turkish involvement has disrupted the foundations of the South Caucasian status quo established in the 1990s. To expect Turkey to become a major power there is an overstretch, but it nevertheless worries Iran. For example, the recent Caspian Sea exercises between Azerbaijan and Turkey appear to run counter to a 2018 agreement among the sea’s littoral states stipulating no external military involvement. 

The Caspian Sea has always been regarded by Iranians as an exclusive zone shared first with the Russian Empire, later the Soviets, and presently the Russian Federation. Other littoral states play a minor role. This makes Turkish moves in the basin and the recent improvement of ties between Azerbaijan and Turkmenistan an unpleasant development for Iran — fewer barriers to the Trans-Caspian Pipeline threatens the Islamic Republic’s ability to block the project.  

This is where Iranian views align almost squarely with the Kremlin’s. Both fear Turkish progress and new energy routes. The new Iranian leadership might now lean strongly toward Russia. With Russia’s backing, opposition to Turkey would become more serious; Iran’s foreign minister said this month that his country was seeking a “big jump” in relations with Russia. 

The fact is that the region is increasingly fractured and is being pulled in different directions by the greater powers around it. This state of affairs essentially dooms the prospects of pan-regional peace and cooperation initiatives. Take the latest effort by Russia and Turkey to introduce a 3+3 platform with Armenia, Azerbaijan, and Georgia, as well as Iran. Beyond excluding the West, disagreements will eventually preclude any meaningful progress. There is no unity of purpose between the six states and there are profound disagreements. 

Thus, trouble will at some point recur between Iran and Azerbaijan, and by extension Turkey. Given the current situation, and Iran’s visible discontent, it is likely it will take some kind of initiative lest it loses completely its position to Turkey and Russia. 

Author’s note: first published in cepa

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Eastern Europe

Right-wing extremist soldiers pose threat to Lithuania

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It is no secret that Lithuania has become a victim of German army’s radicalization. Could this country count on its partners further or foreign military criminals threaten locals?

It is well known that Germany is one of the largest provider of troops in NATO. There are about 600 German troops in Lithuania, leading a Nato battlegroup. According to Lithuanian authorities, Lithuania needs their support to train national military and to protect NATO’s Central and Northern European member states on NATO’s eastern flank.

Two sides of the same coin should be mentioned when we look at foreign troops in Lithuania.

Though Russian threat fortunately remains hypothetical, foreign soldiers deployed in the country cause serious trouble. Thus, the German defence minister admitted that reported this year cases of racist and sexual abuse in a German platoon based in Lithuania was unacceptable.

Members of the platoon allegedly filmed an incident of sexual assault against another soldier and sang anti-Semitic songs. Later more allegations emerged of sexual and racial abuse in the platoon, including soldiers singing a song to mark Adolf Hitler’s birthday on 20 April this year.

It turned out that German media report that far-right abuses among the Lithuania-based troops had already surfaced last year. In one case, a soldier allegedly racially abused a non-white fellow soldier. In another case, four German soldiers smoking outside a Lithuanian barracks made animal noises when a black soldier walked past.

Lithuania’s Defence Minister Arvydas Anušauskas said later that the investigation was carried out by Germany and that Lithuania was not privy to its details. The more so, Lithuania is not privy to its details even now. “We are not being informed about the details of the investigation. […] The Lithuanian military is not involved in the investigation, nor can it be,” Anušauskas told reporters, stressing that Germany was in charge of the matter.

Ms Kramp-Karrenbauer, German defence minister, said that these misdeeds would be severely prosecuted and punished. Time has passed, and the details are not still known.

It should be said Germany has for years struggled to modernize its military as it becomes more involved in Nato operations. Nevertheless problems existed and have not been solved yet. According to the annual report on the state of the Bundeswehr made in 2020 by Hans-Peter Bartel, then armed forces commissioner for the German Bundestag, Germany’s army “has too little materiel, too few personnel and too much bureaucracy despite a big budget increase.” Mr Bartels’ report made clear that the Bundeswehr continues to be plagued by deep-seated problems. Recruitment remains a key problem. Mr Bartels said 20,000 army posts remained unfilled, and last year the number of newly recruited soldiers stood at just over 20,000, 3,000 fewer than in 2017. The other problem is radicalization of the armed forces.

Apparently, moral requirements for those wishing to serve in the German army have been reduced. Federal Volunteer Military Service Candidate must be subjected to a thorough medical examination. Desirable to play sports, have a driver’s license and be able to eliminate minor malfunctions in the motor, to speak at least one foreign language, have experience of communicating with representatives of other nationalities, be initiative and independent. After the general the interview follows the establishment of the candidate’s suitability for service in certain types of armed forces, taking into account his wishes. Further candidate passes a test on a computer. He will be asked if he wants study a foreign language and attend courses, then serve in German French, German-Dutch formations or institutions NATO.

So, any strong and healthy person could be admitted, even though he or she could adhere to far-right views or even belong to neo-Nazi groups. Such persons served in Lithuania and, probably, serve now and pose a real threat to Lithuanian military, local population. Neo-Nazism leads to cultivating racial inequalities. The main goal of the neo-Nazis is to cause disorder and chaos in the country, as well as to take over the army and security organs. Lithuanian authorities should fully realize this threat and do not turn a blind eye to the criminal behaviour of foreign military in Lithuania. There is no room to excessive loyalty in this case.

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Eastern Europe

Lithuanian foreign policy: Image is everything

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It seems as if Lithuanian government takes care of its image in the eyes of EU and NATO partners much more than of its population. Over the past year Lithuania managed to quarrel with such important for its economy states like China and Belarus, condemned Hungary for the ban on the distribution of images of LGBT relationships among minors, Latvia and Estonia for refusing to completely cut energy from Belarus. Judging by the actions of the authorities, Lithuania has few tools to achieve its political goals. So, it failed to find a compromise and to maintain mutually beneficial relations with economic partners and neighbours. The authorities decided to achieve the desired results by demanding from EU and NATO member states various sanctions for those countries that, in their opinion, are misbehaving.

Calling for sanctions and demonstrating its “enduring political will”, Lithuania exposed the welfare of its own population. Thus, district heating prices will surge by around 30 percent on average across Lithuania.

The more so, prices for biofuels, which make up 70 percent of heat production on average, are now about 40 higher than last year, Taparauskas, a member of the National Energy Regulatory Council (VERT) said.

“Such a huge jump in prices at such a tense time could threaten a social crisis and an even greater increase in tensions in society. We believe that the state must take responsibility for managing rising prices, especially given the situation of the most vulnerable members of society and the potential consequences for them. All the more so as companies such as Ignitis or Vilnius heating networks “has not only financial resources, but also a certain duty again,” sums up Lukas Tamulynas, the chairman of the LSDP Momentum Vilnius movement.

It should be said, that according to the Lithuanian Department of Statistics, prices for consumer goods and services have been rising for the eighth month in a row. According to the latest figures, the annual inflation rate is five percent.

Earlier it became known that in 2020 every fifth inhabitant of Lithuania was below the poverty risk line.

Pensioners are considered one of the most vulnerable groups in Lithuania. In 2019, Lithuania was included in the top five EU anti-leaders in terms of poverty risk for pensioners. The share of people over 65 at risk of poverty was 18.7 percent.

In such situation sanctions imposed on neighbouring countries which tightly connected to Lithuanian economy and directly influence the welfare of people in Lithuania are at least damaging. The more so, according Vladimir Andreichenko, the speaker of the House of Representatives of the Belarus parliament, “the unification of the economic potentials of Minsk and Moscow would be a good response to sanctions.” It turned out that Lithuania itself makes its opponents stronger. Such counter-productiveness is obvious to everyone in Lithuania except for its authorities.

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