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.
Crisis in Armenia Provides Fertile Ground for Russian Meddling
The immediate cause came on February 25, when Onik Gasparyan, Chief of General Staff of the Armenian Army, and other senior commanders released a statement calling for Prime Minister Nikol Pashinyan to step down. Pashinyan responded by firing Gasparyan.
Yet the real cause of the uproar is Armenia’s defeat in the Second Karabakh War last year, which has triggered a deeply troubled and long-drawn-out period of soul-searching and consequent instability.
Delving into the details over what are the real reasons and who is to blame may anyway be futile in the cloudy political world of all three South Caucasus states (including Georgia and its current woes). While many Armenians believe that the protests are more about internal democratic processes, there is an undeniable geopolitical context too. Perhaps what matters most is the international ramifications of the conflict, especially as the early phases of the Russian-brokered November 2020 ceasefire agreement between Armenia and Azerbaijan are now being implemented.
The political crisis in Armenia does not affect the implementation of the agreement on Nagorno-Karabakh, Kremlin spokesman Dmitry Peskov said on February 26. Other statements by the Russian leadership indicated that the Kremlin, which closely follows the internal development of its Collective Security Treaty Organization (CSTO) ally and the fellow member of the Eurasian Economic Union (EEU), is nevertheless remaining aloof for now.
Over the past year, Russia has confronted multiple crises along its border with some finesse, successfully managing near-simultaneous crises in Belarus, Kyrgyzstan, and Armenia-Azerbaijan.
In each case, the Kremlin has sought to extract geo-economic benefits. Take the current Armenian crisis. The opposition has some support, but not as much as the current leadership. Leaders from both sides have connections with senior Russian leaders, albeit the Kremlin was far more comfortable with the pre-Pashinyan Armenian political elite. They understood what Russia likes in the near-abroad – cautious leaders mindful of Russian sensitivities and unwilling to play the reformist and Western cards that Pahinyan has used since coming to power in 2018.
And yet however much illiberal Russia feels uncomfortable with the reformist Pashinyan government, it needs for now because his signature is on the November ceasefire agreement. With the early stages of the deal being implemented, Russia is keeping its eyes on the prize — most importantly, the agreement to reopen Soviet-era railways which potentially will reconnect Russia to Armenia via Azerbaijani territory. Chaos in Armenia can only jeopardize this key aim.
Russia also understands that Pashinyan is becoming increasingly dependent as time goes by and that it can exploit this vulnerability. Equally obviously, the opposition could prevail, and that would ultimately benefit Russia too.
In the long run, Russia has caught Armenia in a cycle. To stay in power, the government would need extensive Russian economic, diplomatic, and perhaps even military support. But any new government formed by the current opposition would likely demand even more weaponry from Russia to prepare for the next confrontation, however hypothetic, with Azerbaijan. In both cases, the price for more arms would likely be deeper integration of Armenia within the EEU. And whatever remained of Armenia’s policy efforts towards the West, already under grave pressure since the Karabakh defeat, would die.
Potentially, there is a yet-greater reward for Russia – persuading Azerbaijan to allow the Russian peacekeeping mission to remain on its soil beyond the end of 2025. In which case, an openly revanchist Armenian government formed by an opposition determined to build a battle-ready military capable of offensive operations would be a useful tool for the Kremlin to justify the continued presence of its units in Karabakh.
Author’s note: first published in cepa.org
Caspian: Status, Challenges, Prospects
An Analysis into the Legal Classification, Security and Environmental Concerns, Geopolitics and Energy Flow Impact of the Caspian Plateau
How has the world’s largest inland body of (salty) water escaped the economic and political notice for so long? And it is for a resource-rich area of a unique locality that connects Europe and Asia in more than just geography. Simply, the Caspian Basin is an underrated and underexplored topic with scarce literature on its geomorphology, mineral deposits and marine biota, its legal disputes, pipeline diplomacy,environmental concerns and overall geopolitical and geo-economic interplays.
As the former Minister of the Canadian government and Secretary General of the OECD – Honorable Donald J Johnston – states in the foreword, Caspian – Status, Challenges, Prospects“is a fitting title for a book that masterfully gives an objective, comprehensive overview of the region. The authors have compiled an analysis of Caspian’s legal classification, security and environmental concerns, geopolitical scenarios, and energy flow impacts as they affect the world’s largest continental landmass – Eurasia.”
From comprehensive but content intensive insights on Caspian littoral states Azerbaijan, Kazakhstan, Iran, Russiaand Turkmenistan, to external actors like Turkey, EU, China and the United States, readers are presented how separate actors and factors interact in this unique theater. The book elaborates on the legal classification of the Caspian plateau including the recent ‘Convention on Legal Status of the Caspian,’ to the numerous territorial and environmental security concerns.
Prof. Anis H. Bajrektarevic and his co-authors present Caspian as the most recent, fresh and novel way, in one stop-shop offering broad analysis on the Caspian region. It is a single volume book for which extensive information is exceptionally rare to find elsewhere. Following the read, authors are confident that a new expanse of scholarly conversation and actions of practitioners will unfold, not only focused on Caspian’s unique geography, but its overall socio-economic, politico-security and environmental scene.
Welcoming the book, following words of endorsements have been said:
The Caspian basin and adjacent Central Asian region (all being OSCE member states, apart from Iran) have, since the early Middle ages, acted as a crossroads between different civilizations and geopolitical spaces. In an increasingly interconnected world, growing geopolitical competition, economic interdependence and the emergence of new global challenges, particularly those related to water, energy and the climate emergency, have highlighted the relevance of this region, making it of increasing interest to researchers and academics. This book presents a thorough analytical compendium of historical factors, political dynamics, economic trends, legal frameworks and geopolitical interests which underpin, but also affect, the stability and development of this complex, diverse and strategically significant region.
Amb. Lamberto Zanier,Secretary-General, Organization for Security and Cooperation in Europe (2011-2017) OSCE High Commissioner on National Minorities (2017-2020)
A thoughtful, comprehensive and balanced analysis of the complex interplay between geopolitics and geo-economics in Central Eurasia, and pivotal energy plateau – that of Caspian. We finally have an all-in reader that was otherwise chronically missing in international literature, which will hopefully reverse the trend of underreporting on such a prime world’s spot.
Hence, this is a must-read book for those wondering about the future of one of the most dynamic and most promising regions of the world and what it could entail for both reginal and external players.
Andrey Kortunov Director General, Russian International Affairs Council
Although of pivotal geopolitical and geo-economic importance, Caspian energy plateau represents one of the most underreported subjects in the western literature. Interdisciplinary research on the topic is simply missing.
Therefore, this book of professor Bajrektarevic and his team – unbiased, multidisciplinary, accurate and timely – is a much-needed and long-awaited reader: A must read for scholars and practitioners, be it from Eurasia or beyond.
It is truly a remarkable piece of work!
Authors were able to tackle a challenging subject with a passion, knowledge and precision, and turn it into a compelling, comprehensive yet concise read which I highly recommend.
Former Minister of Foreign Affairs, Republic of Kazakhstan Erzhan Kazykhanov, Ambassador Embassy of Kazakhstan, Washington dc, USA
ARTNeT secretariat is pleased to see how our initial invitation to Prof. Anis H. Bajrektarevic to present at the ARTNeT Seminar Series in 2015 evolved. The talk was initially published as a working paper for ARTNeT (AWP 149). Now Prof. Bajrektarevic, in collaboration with another two co-authors, offers a comprehensive study on a nexus of legal, security, and environmental issues all emanating from and linked to energy cooperation (or lack thereof) in the subregion. This volume’s value extends beyond the education of readers on the Caspian Basin’s legal status (e.g., is it a sea or a lake?). It is just as relevant for those who want a more in-depth understanding of an interplay of economic, security, and political interest of players in the region and outside. With the global institutions increasingly less capable of dealing with rising geopolitics and geo-economic tensions, more clarity – even if only about some aspects of those problematic issues – should be appreciated. This volume offers such clarity.
Mia Mikic, Director UN Economic and Social Commission for Asia and the Pacific (UN ESCAP) ARTNeT coordinator
It is my honor to reflect on this work on Caspian. Comprehensive and content rich, this book of professor Anis H. Bajrektarevic and his co-authors brings up comprehensively all the useful information on Caspian, with the geographical and historical background and cultural, economic as well as security aspects related to it.
Authors’ novel and unbiased approach shall certainly help decision makers in their bettered understanding of the region that has centuries-long history of peace and cordial neighbourly relations. Long needed and timely coming, I warmly recommend this reader to those who want to know, but more importantly to all those who want to understand, this pivotal region of the world.
Ali Asghar Soltanieh Former Ambassador of Islamic Republic of Iran to United Nations and other International Organizations in Geneva & Vienna
The book by Professor Bajrektarevic and his co-authors embodies a wide-ranging overview of the intertwined interests pursued by the young democracies of the Caspian basin, battling with inherited land and water disputes, and their interplay with regional and global powers. Apparently, supporting political independence of the formers and promoting their integration into the latter’s markets requires adequate analyses, timely outreach policies and consistent engagement. In this sense the publication serves as one of the scarce handbooks to understand diverse interests of stakeholders, dynamically changing security architecture of the region and emerging opportunities of cooperation around the Caspian Sea.
Ambassador GalibIsrafilov Permanent Representative to the UN Vienna and to the OSCE Embassy of Azerbaijan to Austria
An Analysis into the Legal Classification, Security and Environmental Concerns, Geopolitics and Energy Flow Impact of the Caspian Plateau
As Georgians Fight Each Other, Russia Gleefully Looks On
Earlier today, the leader of Georgia’s major opposition party – United National Movement (UNM) – was detained at his party headquarters by government security forces, the most recent escalation in a drawn-out political crisis. This could well be the beginning of a new troubled period in the country’s internal dynamics, with repercussions for the country’s foreign policy.
The optics favor the opposition. Images of armed and armored police storming UNM’s headquarters was damaging to the ruling party, Georgian Dream (GD). Western diplomats expressed grave concern over the events and their repercussions. Protests have been called, and will likely be covered closely in Western media.
What comes next, however, is not clear.
Much will depend on what long-term vision for the country the opposition can articulate in the aftermath of the most recent events. It was not that long ago that UNM was declining as a political force in Georgian politics. There is a real opportunity here. But the burden is on the opposition to make a play for the loyalty of voters beyond its circle of already-convinced supporters.
Appealing to ordinary Georgian voters is ultimately the key to resolving the crisis. Beyond the intra-party clashes about the legitimacy of the most recent elections, there is a growing chasm between political elites and the challenges faced by people in their daily lives. And tackling these challenges successfully will not be easy.
Both the ruling party and the opposition have been facing declining support from the public at large. Long-term economic problems, which have been greatly exacerbated by the pandemic, have not been credibly addressed by either side. Instead of solutions, both sides have engaged in political theatrics. For many voters, the current crisis is more about a struggle for political power, rather than about democracy and the economic development of the country. No wonder that most people consider their social and economic human rights to have been violated for decades no matter which party is in power. These attitudes help explain high abstention rates during the most recent election. Despite remarkable successes in the early years after the Rose Revolution, Georgia has lacked a long-term policy for reimagining its fragile economy since its independence and the disastrous conflicts of the 1990s.
None of this, however, should minimize the threats to Georgian struggling democracy. Today’s arrests reinforce a longstanding trend in Georgian politics: the belief that the ruling party always stands above the law. This was the case with Eduard Shevardnadze, Mikheil Saakashvili, and is now the case with the current government. For less politically engaged citizens, plus ça change: Georgian political elites for the last 30 years have all ended up behaving the same way, they say. That kind of cynicism is especially toxic to the establishment of healthy democratic norms.
The crisis also has a broader, regional dimension. The South Caucasus features two small and extremely fragile democracies – Armenia and Georgia. The former took a major hit last year, with its dependence on Moscow growing following Yerevan’s defeat in the Second Karabakh War. Today, Russia is much better positioned to roll back any reformist agenda Armenians may want to enact. Armenia’s current Prime Minister Nikol Pashinyan has been weakened, and easily staged protests are an easy way to keep him in line.
Georgia faces similar challenges. At a time when Washington and Brussels are patching things up after four years of Trump, and the Biden administration vigorously reiterates its support for NATO, Georgia’s woes are a boon for Moscow. Chaos at the top weakens Georgia’s international standing and undermines its hopes for NATO and EU membership. And internal deadlock not only makes Georgia seem like a basket-case but also makes a breakthrough on economic matters ever more unlikely. Without a serious course correction, international attention will inevitably drift away.
At the end of the day, democracy is about a lot more than finding an intra-party consensus or even securing a modus vivendi in a deeply polarized society. It is about moving beyond the push-and-pull of everyday politics and addressing the everyday needs of the people. No party has risen to the occasion yet. Georgia’s NATO and EU aspirations remain a touchstone for Georgian voters, and both parties lay claim to fully representing those aspirations. But only through credibly addressing Georgia’s internal economic problems can these aspirations ever be fully realized. The party that manages to articulate this fact would triumph.
Author’s note: first published in cepa.org
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