23.05.23 - 16:48 Legal Commentary: Armenia as an Occupier and Aggressor. ​​​​​​​Ramil Gachayev. yenidən baxılması

Legal Commentary: Armenia as an Occupier and Aggressor.

Ramil Gachayev

Introduction.

In this legal commentary, we will analyse the evidence and arguments confirming Armenia's status as an occupier and aggressor. Official documents such as the Constitution of Armenia and the Declaration of Independence will be utilized for this purpose. We will also examine the Resolutions of the Supreme Council of the Armenian SSR and the National Council of Nagorno-Karabakh on December 1, 1989, regarding the "Reunification of the Armenian SSR and Nagorno-Karabakh," as well as the Statement of the President of the Republic of Azerbaijan, the Prime Minister of the Republic of Armenia, and the President of the Russian Federation dated November 10, 2020. This research will encompass an analysis of the legal aspects related to this issue.

Legal Status of Azerbaijan and Karabakh.

International treaties, resolutions, and statements recognize the territory of Azerbaijan within its historically recognized borders, with Karabakh being an integral part of this territory. In accordance with normative acts such as United Nations General Assembly Resolution 62/243 "The situation in the occupied territories of Azerbaijan" (2008) and United Nations Security Council resolutions, including Nos. 822 (1993), 853 (1993), 874 (1993), and 884 (1993), the territorial integrity of Azerbaijan is affirmed. Other important normative acts that confirm the territorial integrity of Azerbaijan include Parliamentary Assembly of the Council of Europe Resolution No. 1416 (2005), the Charter of the United Nations (1945), the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States (1970) (the "Hartley-Feld Declaration"), the Helsinki Final Act (1975), the Minsk Principles (2007), and the Statement of the President of the Russian Federation, the President of the Republic of Azerbaijan, and the Prime Minister of the Republic of Armenia dated November 10, 2020.

The Armenian Constitution and Declaration of Independence.

The preamble of the Armenian Constitution states:

The Armenian people — taking as a basis the fundamental principles of the Armenian Statehood and the nation-wide objectives enshrined in the Declaration on the Independence of Armenia, having fulfilled the sacred behest of its freedom-loving ancestors for the restoration of the sovereign state, committed to the strengthening and prosperity of the fatherland, with a view of ensuring the freedom of generations, general well-being and civic solidarity, assuring the allegiance to universal values — hereby adopt the Constitution of the Republic of Armenia.

Particular attention should be paid to the formulation, "The Armenian people — taking as a basis the fundamental principles of the Armenian Statehood and the nation-wide objectives enshrined in the Declaration on the Independence of Armenia."

Now let's turn to the preamble of this declaration:

The Supreme Council of the Armenian Soviet Socialist Republic

Expressing the united will of the Armenian people;

Aware of its historic responsibility for the destiny of the Armenian people engaged in the realization of the aspirations of all Armenians and the restoration of historical justice;

Proceeding from the principles of the Universal Declaration on Human Rights and the generally recognized norms of international law;

Exercising the right of nations to free self-determination;

Based on the December 1, 1989, joint decision of the Armenian SSR Supreme Council and the Artsakh National Council on the "Reunification of the Armenian SSR and the Mountainous Region of Karabakh;"

Developing the democratic traditions of the independent Republic of Armenia established on May 28, 1918;

Here we see a reference to the joint decision of the Armenian SSR Supreme Council and the Artsakh National Council on the "Reunification of the Armenian SSR and the Mountainous Region of Karabakh." Although this document is included in the Constitution of Armenia, it is not available on official resources. This raises a legitimate question: why is an act that presumably carries no negative connotations not accessible on official sources? The answer to this question is evident - such a decision is made because it confirms Armenia's aggressive policy and its desire to occupy territories of the neighbour country. The absence of official publication of this act emphasizes its questionable status and raises questions about its legitimacy. If this act is lawful and in line with the principles of international law, it should be objectively and transparently presented on official resources to substantiate its legal basis and legitimacy. However, the concealment of this act on official resources raises doubts and highlights its ambiguity. Armenia's behaviour regarding this act provides grounds to believe that its inclusion in the Constitution serves more as a means to justify aggressive actions rather than a commitment to legality and justice.

Armenia as an aggressor and occupier.

Let's take a close look at the first three paragraphs of this joint decision, which may be obtained via an unauthorised source.[1]

1. The Supreme Council of the Armenian SSR recognizes the fact of self-determination of the Nagorno-Karabakh Autonomous Oblast, confirmed by the decisions of the sessions of the regional Council of NKAO on February 20 and July 12, 1988, as well as the decisions of the Congress of People's Deputies of the region on August 16 and the session of the National Council on October 19, 1989.
2. The Supreme Council of the Armenian SSR recognizes the Congress of People's Deputies of Nagorno-Karabakh and its elected National Council as the sole legitimate authority currently operating in the region.
3. The Supreme Council of the Armenian SSR and the National Council of Nagorno-Karabakh declare the reunification of the Armenian SSR and Nagorno-Karabakh. The population of Nagorno-Karabakh is granted the rights of citizenship of the Armenian SSR.

These points indicate that the Supreme Council of the Armenian SSR, at an official level, is interfering in the sovereignty of a neighbouring country, promoting separatism in the territory of another state, and annexing part of Azerbaijan's territory from Armenia. Such actions contradict the principles of international law based on the territorial integrity of states. It should be acknowledged that this resolution was deemed unconstitutional according to the resolution of the Presidium of the Supreme Council of the USSR on January 10, 1990. And although this act is not recognized by the international community, its existence indicates Armenia's desire to consolidate the occupation of foreign territories at the constitutional level. Furthermore, it is important to note that besides Nagorno-Karabakh, Armenia has also occupied adjacent territories of Azerbaijan. As a result of this occupation, cities and villages were destroyed, and the residents of these areas were forced to leave their homeland. These facts are confirmed by the "Statement by the President of the Republic of Azerbaijan, the Prime Minister of the Republic of Armenia, and the President of the Russian Federation" dated November 10, 2020. In the statement dated November 10, 2020, it is stated that Armenia must return the districts of Agdam, Kalbajar, and Lachin to Azerbaijan. The return of previously annexed territories, which is a clear acknowledgment of Armenia's occupation, confirms its aggressive actions and participation in the occupation of a neighbouring country. However, despite clear evidence and international endorsement, international mechanisms for resolving this conflict do not always work effectively or with sufficient activity. This is regrettable and emphasizes the need for further efforts to attract attention and support from the international community in resolving this issue.

Conclusion.

The analysis of the legal aspects leads to an undeniable conclusion about Armenia's role as an occupier and aggressor. Of particular concern is the fact that Armenia, at the constitutional level, acknowledges the annexation of territories belonging to a neighbouring state. This is a clear violation of international principles and requires immediate action from the international community. Additionally, it is necessary to amend the Constitution of Armenia and related acts to eliminate any possibilities for attacks on Azerbaijan's sovereignty. The international community should draw the attention of Armenian society and its authorities to the inconsistency of such actions with civilized norms and principles of the international community.

List of References.

1. United Nations Security Council Resolution 822 (1993).
2. United Nations Security Council Resolution 853 (1993).
3. United Nations Security Council Resolution 874 (1993).
4. United Nations Security Council Resolution 884 (1993).
5. Parliamentary Assembly of the Council of Europe Resolution 1416 (2005).
6. Charter of the United Nations (1945).
7. Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States (1970) (Hart-Field Declaration).
8. Helsinki Final Act of the Conference on Security and Cooperation in Europe (1975).
9. Minsk Principles (2007).
10. United Nations General Assembly Resolution 62/243 "The situation in the occupied territories of Azerbaijan" (2008).
11. Joint Statement by the President of the Russian Federation, the President of the Republic of Azerbaijan, and the Prime Minister of the Republic of Armenia, November 10, 2020.
12. Constitution of Armenia.
13. Declaration of Independence of Armenia.
14. Resolutions of the Supreme Council of the Armenian SSR of December 1, 1989, "On the reunification of the Armenian SSR and Nagorno-Karabakh."
15. Resolution of the Presidium of the Supreme Soviet of the USSR of January 10, 1990, No. 1050-I, "On the inconsistency of the acts on Nagorno-Karabakh adopted by the Supreme Council of the Armenian SSR on December 1, 1989, and January 9, 1990, with the Constitution of the USSR."
16. Joint Statement by the President of the Republic of Azerbaijan, the Prime Minister of the Republic of Armenia, and the President of the Russian Federation, November 10, 2020.

, 'Постановления Верховного Совета Армянской ССР и Национального Совета Нагорного Карабаха о воссоединении Армянской ССР и Нагорного Карабаха' (http://www.press.karabakh.info/, 1989) <http://www.press.karabakh.info/%D0%9F%D0%BE%D1%81%D1%82%D0%B0%D0%BD%D0%BE%D0%B2%D0%BB%D0%B5%D0%BD%D0%B8%D1%8F_%D0%92%D0%A1_%D0%90%D1%80%D0%BC._%D0%A1%D0%A1%D0%A0_%D0%B8_%D0%9D%D0%B0%D1%86%D0%B8%D0%BE%D0%BD%D0%B0%D0%BB%D1%8C%D0%BD%D0%BE%D0%B3%D0%BE_%D0%A1%D0%BE%D0%B2%D0%B5%D1%82%D0%B0_%D0%9D%D0%B0%D0%B3%D0%BE%D1%80%D0%BD%D0%BE%D0%B3%D0%BE_%D0%9A%D0%B0%D1%80%D0%B0%D0%B1%D0%B0%D1%85%D0%B0_%D0%BE_%D0%B2%D0%BE%D1%81%D1%81%D0%BE%D0%B5%D0%B4%D0%B8%D0%BD%D0%B5%D0%BD%D0%B8%D0%B8_%D0%90%D1%80%D0%BC%D1%8F%D0%BD%D1%81%D0%BA%D0%BE%D0%B9_%D0%A1%D0%A1%D0%A0_%D0%B8_%D0%9D%D0%B0%D0%B3%D0%BE%D1%80%D0%BD%D0%BE%D0%B3%D0%BE_%D0%9A%D0%B0%D1%80%D0%B0%D0%B1%D0%B0%D1%85%D0%B0?fbclid=IwAR0ytlKvMRdcadj612nXJbAPeJlvSHzLr4cutCP6oUjefQp9B_PqJ4-R0KI> accessed 23/05/2023