Jan 012015
 

“Nagorno-Karabagh: Legal Aspects”

Legal-Aspects-CoverMIA Publishers, Fifth Edition, Moscow 2015
By Shahen Avakian
The study covers the legal aspects of Nagorno Karabagh problem. It examines the issues of Law as they affected the legal status of Nagorno Karabagh.

The author is an expert of International Law. He has graduated from the Paris Sorbonne University and is specialized in International Public Law and International Organizations law.

This study is the fi fth revised edition and contains additional information and updates. The publications of the earlier editions of this research are also availble in Armenian, French, Russian, Arabic, Greek and Spanish.

FILES:

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Mar 252005
 

«Azg» (Yerevan), 2005, March 25

PEACE TO KARABAKH

(to the structure of settlement)

Ву Vladimir Kazimirov

Instead of introduction

Dear visitor of this site,

Under this heading I placed my memoirs basically on the period when I was obliged to head Russia’s intermediary mission on Karabakh settlement, be representative of the President of Russian Federation on Nagorno Karabakh issue and also participant and co-chairman of the OSCE Minsk group from Russia (1992-96).

I would like to spur a serious study of history of peaceful and political settlement of Karabakh conflict. I shall be glad for critical remarks, corrections, even for refutations on separate episodes. I am ready to survey them, first of all, not from positions of author’s insulted vanity but from natural desire to attach more reliability to the description of events of recent past, which, unfortunately, already suffers both involuntary confusion and deliberate distortions. Moreover, I am ready to make corrections to my text or include alternative versions in view of remarks. I have turned to Azerbaijani and Armenian colleagues either involved in this process or closely watching it with an offer to draw the objective picture of Karabakh settlement history in this site.

I’ll post the sketches in the site bit by bit as they are ready. I shall begin with a number of important, at least as I see them, though inconsequent episodes: my appointment to “fire brigade” on Karabakh, first restrictions of military actions, Bishkek, ceasefire since May 12, 1994. I shall try to gradually fill in the gaps that divide them. In view of some disputes on separate events or episodes, I will probably have to attach documents of this process as appendices to these memoirs.

And now let me start looking forward to your arguments or criticism. Alexander Tvardovsky put it right indicating the truth: “Let it be thicker no matter how bitter it is”. Continue reading »

Oct 192001
 

“The Making of Nagorno-Karabagh:  From Secession to Republic”

Palgrave Publishers Ltd 2001
Edited by: 
Levon CHOBAJIAN

The first major territorial struggle in the late Soviet period involved Nagorno-Karabagh, an Armenian-inhabited territory that had been assigned to the Azerbaijan Soviet Socialist Republic in the early 1920s. Armenian protests calling for reunification with Armenia in 1988 led to Azerbaijani pogroms against Armenians and later to armed conflict that claimed over 20,000 lives. The struggle remains unresolved. A distinguished group of historians and social scientists analyze the Karabagh struggle in this unique volume, which covers one of the world’s strategic, oil-rich regions.

A striking feature of the Karabagh conflict is the failure of the many OSCE, UN, and regional power mediation efforts to find a solution to the crisis. One of the major contributions of this volume is to provide a cogent analysis of these failures, which have to do with the inability to satisfy the legitimate security needs of the parties to the conflict.

The papers in this collection were delivered at a conference, “The Karabagh Movement: Ten Years After,” held in Cambridge, Massachusetts in May 1998. This conference, sponsored by the Zoryan Institute for Contemporary Armenian Research and Documentation and the Zoryan Institute of Canada, assembled some of the leading analysts of the region to assess the Karabagh Question in the decade since the eruption of the historic protests that saw hundreds of thousands of Armenians march in support of Karabagh.

Chapter Available Online: Chapter 1. Introduction, by Levon CHOBAJIAN © Continue reading »

May 121994
 

Unofficial translation

P. S. Grachev
Minister of Defense of the Russian Federation

A. V. Kozyrev
Minister of Foreign Affairs of the Russian Federation

V. N. Kazimirov

Responding to the call for a cease-fire, as set out in the Bishkek Protocol of May 5, 1994, and based on the Protocol of 18 February 1994, the conflicting Parties agreed on the following:

  1. Ensure the full cease-fire and cessation of hostilities from 00 hours 01 minutes of May 12, 1994. Relevant orders to cease-fire will be given and communicated to the commanders of military units responsible for their implementation, not later than May 11, 1994. On May 12 until 23.00, the Parties shall exchange the texts of their cease-fire orders with a view to their possible mutual complementarities and further harmonization of substantive provisions of similar documents.
  2. Request the Minister of Defense of the Russian Federation to convene in Moscow no later than May 12 an urgent meeting of defense ministers of Azerbaijan, Armenia and Nagorno Karabakh army commander to agree on the lines of troops pullback and other urgent military-technical issues and prepare the deployment of an advance team of international observers.
  3. This agreement will be used to complete the negotiations in the next 10 days and conclude an Agreement on Cessation of the Armed Conflict no later than May 22 of this year.
  4. This agreement will take effect immediately after the Mediator notifies that he has received from the opposing forces completely identical documents signed by authorized representatives.

Minister of Defense of Azerbaijan

Minister of Defense of Armenia

Nagorno Karabakh Army Commander


Note: The text was signed respectively by M. Mamedov in Baku on May 9, S. Sargsyan in Yerevan on May 10, S. Babayan in Stepanakert on May 11, 1994.

Source: Ministry of Foreign Affairs of the Nagorno-Karabakh Republic

Original Documents in Russian: Faxe Documents of the Ceasefire Agreement (See V.Kazimirov “Mir Karabakhu”, Moscow 2009, pp. 396-398)

May 051994
 

Participants of the meeting held in May 4-5 in Bishkek on the initiative of the CIS Inter-Parliamentary Assembly, Parliament of the Kyrgyz Republic, Federal Congress and Ministry of Foreign Affairs of the Russian Federation:

-express determination to assist in all possible ways to the cessation of armed conflict in and around Nagorno Karabakh, which does not only cause irretrievable losses to Azerbaijani and Armenian people, but also significantly affects the interests of other countries in the region and seriously complicates the international situation;

-supporting the April 15, 1994 Statement by the CIS Council of heads of states, express readiness to fully support the efforts by heads and representatives of executive power on cessation of the armed conflict and liquidation of its consequences by reaching an appropriate agreement as soon as possible;

-advocate a naturally active role of the Commonwealth and Inter-Parliamentary Assembly in cessation of the conflict, in realization of thereupon principles, goals and the UN and OSCE certain decisions (first of all the UN Security Council resolutions 822, 853, 874, 884);

-call upon the conflicting sides to come to common senses: cease to fire at the midnight of May 8 to 9, guided by the February 18, 1994 Protocol (including the part on allocating observers), and work intensively to confirm this as soon as possible by signing a reliable, legally binding agreement envisaging a mechanism, ensuring the non-resumption of military and hostile activities, withdrawal of troops from occupied territories and restoration of communication, return of refugees;

-agree to suggest Parliaments of the CIS member-states to discuss the initiative by Chairman of Council of the Inter-Parliamentary Assembly V. Shumeyko and Head of the Assembly’s Peacemaking Group on Nagorno Karabakh M. Sherimkulov on creating a CIS peacemaking force;

-consider appropriate to continue such meetings for peaceful resolution of the armed conflict;

-express gratitude to the people and leadership of Kyrgyzstan for creating excellent working conditions, cordiality and hospitality

On behalf of the delegations:

A. Jalilov (signed by R. Guliyev)

K. Babouryan

B. Ararktsyan

V. Shumeyko

M. Sherimkulov

V. Kazimirov (Plenipotentiary Representative of the President of the Russian Federation, Head of the Russian Mediation Mission)

M. Krotov(Head of the Secretariat of the Council of the Inter-Parliamentary Assembly of CIS member-states)

Bishkek, 5 May 1994


Source: Ministry of Foreign Affairs of the Nagorno-Karabakh Republic

Original Document in Russian: Bishkek Protocol

Nov 121993
 

Resolution 884 (1993)

Adopted by the Security Council at its 3313th meeting, on 12 November 1993

The Security Council,

Reaffirming its resolutions 822 (1993) of 30 April 1993, 853 (1993) of 29 July 1993 and 874 (1993) of 14 October 1993,

Reaffirming its full support for the peace process being pursued within the framework of the Conference on Security and Cooperation in Europe (CSCE), and for the tireless efforts of the CSCE Minsk Group,

Taking note of the letter dated 9 November 1993 from the Chairman-in-Office of the Minsk Conference on Nagorny Karabakh addressed to the President of the Security Council and its enclosures (S/26718, annex),

Expressing its serious concern that a continuation of the conflict in and around the Nagorny Karabakh region of the Azerbaijani Republic, and of the tensions between the Republic of Armenia and the Azerbaijani Republic, would endanger peace and security in the region,

Noting with alarm the escalation in armed hostilities as consequence of the violations of the cease-fire and excesses in the use of force in response to those violations, in particular the occupation of the Zangelan district and the city of Goradiz in the Azerbaijani Republic,

Reaffirming the sovereignty and territorial integrity of the Azerbaijani Republic and of all other States in the region,

Reaffirming also the inviolability of international borders and the inadmissibility of the use of force for the acquisition of territory,

Expressing grave concern at the latest displacement of a large number of civilians and the humanitarian emergency in the Zangelan district and the city of Goradiz and on Azerbaijan’s southern frontier,

  1. Condemns the recent violations of the cease-fire established between the parties, which resulted in a resumption of hostilities, and particularly condemns the occupation of the Zangelan district and the city of Goradiz, attacks on civilians and bombardments of the territory of the Azerbaijani Republic;
  2. Calls upon the Government of Armenia to use its influence to achieve compliance by the Armenians of the Nagorny Karabakh region of the Azerbaijani Republic with resolutions 822 (1993) , 853 (1993) and 874 (1993) , and to ensure that the forces involved are not provided with the means to extend their military campaign further;
  3. Welcomes the Declaration of 4 November 1993 of the nine members of the CSCE Minsk Group (S/26718) and commends the proposals contained therein for unilateral cease-fire declarations;
  4. Demands from the parties concerned the immediate cessation of armed hostilities and hostile acts, the unilateral withdrawal of occupying forces from the Zangelan district and the city of Goradiz, and the withdrawal of occupying forces from other recently occupied areas of the Azerbaijani Republic in accordance with the Adjusted timetable of urgent steps to implement Security Council resolutions 822 (1993) and 853 (1993) (S/26522, appendix), as amended by the CSCE Minsk Group meeting in Vienna of 2 to 8 November 1993;
  5. Strongly urges the parties concerned to resume promptly and to make effective and permanent the cease-fire established as a result of the direct contacts undertaken with the assistance of the Government of the Russian Federation in support of the CSCE Minsk Group, and to continue to seek a negotiated settlement of the conflict within the context of the CSCE Minsk process and the Adjusted timetable, as amended by the CSCE Minsk Group meeting in Vienna of 2 to 8 November 1993;
  6. Urges again all States in the region to refrain from any hostile acts and from any interference or intervention, which would lead to the widening of the conflict and undermine peace and security in the region;
  7. Requests the Secretary-General and relevant international agencies to provide urgent humanitarian assistance to the affected civilian population, including that in the Zangelan district and the city of Goradiz and on Azerbaijan’s southern frontier, and to assist refugees and displaced persons to return to their homes in security and dignity;
  8. Reiterates its request that the Secretary-General, the Chairman-in-Office of the CSCE and the Chairman of the CSCE Minsk Conference continue to report to the Council on the progress of the Minsk process and on all aspects of the situation on the ground, in particular on the implementation of its relevant resolutions, and on present and future cooperation between the CSCE and the United Nations in this regard;
  9. Decides to remain actively seized of the matter.

Source: Security Council Resolutions 1993

Original Document: UN SC Res. 884 (1993)

Oct 141993
 

Resolution 874 (1993)

Adopted by the Security Council at its 3292nd meeting, on 14 October 1993

The Security Council,

Reaffirming its resolutions 822 (1993) of 30 April 1993 and 853 (1993) of 29 July 1993, and recalling the statement read by the President of the Council, on behalf of the Council, on 18 August 1993 (S/26326),

Having considered the letter dated 1 October 1993 from the Chairman of the Conference on Security and Cooperation in Europe (CSCE) Minsk Conference on Nagorny Karabakh addressed to the President of the Security Council (S/26522),

Expressing its serious concern that a continuation of the conflict in and around the Nagorny Karabakh region of the Azerbaijani Republic, and of the tensions between the Republic of Armenia and the Azerbaijani Republic, would endanger peace and security in the region,

Taking note of the high-level meetings which took place in Moscow on 8 October 1993 and expressing the hope that they will contribute to the improvement of the situation and the peaceful settlement of the conflict,

Reaffirming the sovereignty and territorial integrity of the Azerbaijani Republic and of all other States in the region,

Reaffirming also the inviolability of international borders and the inadmissibility of the use of force for the acquisition of territory,

Expressing once again its grave concern at the human suffering the conflict has caused and at the serious humanitarian emergency in the region and expressing in particular its grave concern at the displacement of large numbers of civilians in the Azerbaijani Republic,

1. Calls upon the parties concerned to make effective and permanent the cease-fire established as a result of the direct contacts undertaken with the assistance of the Government of the Russian Federation in support of the CSCE Minsk Group;

2. Reiterates again its full support for the peace process being pursued within the framework of the CSCE, and for the tireless efforts of the CSCE Minsk Group;

3. Welcomes and commends to the parties the Adjusted timetable of urgent steps to implement Security Council resolutions 822 (1993) and 853 (1993) set out on 28 September 1993 at the meeting of the CSCE Minsk Group and submitted to the parties concerned by the Chairman of the Group with the full support of nine other members of the Group, and calls on the parties to accept it;

4. Expresses the conviction that all other pending questions arising from the conflict and not directly addressed in the adjusted timetable should be settled expeditiously through peaceful negotiations in the context of the CSCE Minsk process;

5. Calls for the immediate implementation of the reciprocal and urgent steps provided for in the CSCE Minsk Group’s Adjusted timetable, including the withdrawal of forces from recently occupied territories and the removal of all obstacles to communications and transportation;

6. Calls also for an early convening of the CSCE Minsk Conference for the purpose of arriving at a negotiated settlement to the conflict as provided for in the timetable, in conformity with the 24 March 1992 mandate of the CSCE Council of Ministers;

7. Requests the Secretary-General to respond favourably to an invitation to send a representative to attend the CSCE Minsk Conference and to provide all possible assistance for the substantive negotiations that will follow the opening of the Conference;

8. Supports the monitoring mission developed by the CSCE;

9. Calls on all parties to refrain from all violations of international humanitarian law and renews its call in resolutions 822 (1993) and 853 (1993) for unimpeded access for international humanitarian relief efforts in all areas affected by the conflict;

10. Urges all States in the region to refrain from any hostile acts and from any interference or intervention which would lead to the widening of the conflict and undermine peace and security in the region;

11. Requests the Secretary-General and relevant international agencies to provide urgent humanitarian assistance to the affected civilian population and to assist refugees and displaced persons to return to their homes in security and dignity;

12. Requests also the Secretary-General, the Chairman-in-Office of the CSCE and the Chairman of the CSCE Minsk Conference to continue to report to the Council on the progress of the Minsk process and on all aspects of the situation on the ground, and on present and future cooperation between the CSCE and the United Nations in this regard;

13. Decides to remain actively seized of the matter.


Source: Security Council Resolutions 1993

Original Document: UN SC Res. 874 (1993)

Jul 291993
 

Resolution 853 (1993)

Adopted by the Security Council at its 3259th meeting, on 29 July 1993

The Security Council,

Reaffirming its resolution 822 (1993) of 30 April 1993,

Having considered the report issued on 27 July 1993 by the Chairman of the Mink Group of the Conference on Security and Cooperation in Europe (CSCE) (S/26184),

Expressing its serious concern at the deterioration of relations between the Republic of Armenia and the Azerbaijani Republic and at the tensions between them,

Welcoming acceptance by the parties concerned at the timetable of urgent steps to implement its resolution 822 (1993) ,

Noting with alarm the escalation in armed hostilities and, in particular, the seizure of the district of Agdam in the Azerbaijani Republic,

Concerned that this situation continues to endanger peace and security in the region,

Expressing once again its grave concern at the displacement of large numbers of civilians in the Azerbaijani Republic and at the serious humanitarian emergency in the region,

Reaffirming the sovereignty and territorial integrity of the Azerbaijani Republic and of all other States in the region,

Reaffirming also the inviolability of international borders and the inadmissability of the use of force for the acquisition of territory,

1. Condemns the seizure of the district of Agdam and of all other recently occupied areas of the Azerbaijani Republic;

2. Further condemns all hostile actions in the region, in particular attacks on civilians and bombardments of inhabited areas;

3. Demands the immediate cessation of all hostilities and the immediate complete and unconditional withdrawal of the occupying forces involved from the district of Agdam and all other recently occupied areas of the Azerbaijan Republic;

4. Calls on the parties concerned to reach and maintain durable cease-fire arrangements;

5. Reiterates in the context of paragraphs 3 and 4 above its earlier calls for the restoration of economic, transport and energy links in the region;

6. Endorses the continuing efforts by the Minsk Group of the CSCE to achieve a peaceful solution to the conflict, including efforts to implement resolution 822 (1993) , and expresses its grave concern at the disruptive effect that the escalation of armed hostilities has had on these efforts;

7. Welcomes the preparations for a CSCE monitor mission with a timetable for its deployment, as well as consideration within the CSCE of the proposal for a CSCE presence in the region;

8. Urges the parties concerned to refrain from any action that will obstruct a peaceful solution to the conflict, and to pursue negotiations within the Minsk Group of the CSCE, as well as through direct contacts between them, towards a final settlement;

9. Urges the Government of the Republic of Armenia to continue to exert its influence to achieve compliance by the Armenians of the Nagorny-Karabakh region of the Azerbaijani Republic with its resolution 822 (1993) and the present resolution, and the acceptance by this party of the proposals of the Minsk Group of the CSCE;

10. Urges States to refrain from the supply of any weapons and munitions which might lead to an intensification of the conflict or the continued occupation of territory;

11. Calls once again for unimpeded access for international humanitarian relief efforts in the region, in particular in all areas affected by the conflict, in order to alleviate the increased suffering of the civilian population and reaffirms that all parties are bound to comply with the principles and rules of international humanitarian law;

12. Requests the Secretary-General and relevant international agencies to provide urgent humanitarian assistance to the affected civilian population and to assist displaced persons to return to their homes;

13. Requests the Secretary-General, in consultation with the Chairman-in-Office of the CSCE as well as the Chairman of the Minsk Group, to continue to report to the Council on the situation;

14. Decides to remain actively seized of the matter.


Source: Security Council Resolutions 1993

Original Document: UN SC Res. 853 (1993)

Apr 301993
 

Resolution 822 (1993)

Adopted by the Security Council at its 3205th meeting, on 30 April 1993

The Security Council,

Recalling the statements of the President of the Security Council of 29 January 1993 (S/25199) and of 6 April 1993 (S/25539) concerning the Nagorno-Karabakh conflict,

Taking note of the report of the Secretary-General dated 14 April 1993 (S/25600),

Expressing its serious concern at the deterioration of the relations between the Republic of Armenia and the Republic of Azerbaijan,

Noting with alarm the escalation in armed hostilities and, in particular, the latest invasion of the Kelbadjar district of the Republic of Azerbaijan by local Armenian forces,

Concerned that this situation endangers peace and security in the region,

Expressing grave concern at the displacement of a large number of civilians and the humanitarian emergency in the region, in particular in the Kelbadjar district,

Reaffirming the respect for sovereignty and territorial integrity of all States in the region,

Reaffirming also the inviolability of international borders and the inadmissibility of the use of force for the acquisition of territory,

Expressing its support for the peace process being pursued within the framework of the Conference on Security and Cooperation in Europe and deeply concerned at the distruptive effect that the escalation in armed hostilities can have on that process,

1. Demands the immediate cessation of all hostilities and hostile acts with a view to establishing a durable cease-fire, as well as immediate withdrawal of all occupying forces from the Kelbadjar district and other recently occupied areas of Azerbaijan;

2. Urges the parties concerned immediately to resume negotiations for the resolution of the conflict within the framework of the peace process of the Minsk Group of the Conference on Security and Cooperation in Europe and refrain from any action that will obstruct a peaceful solution of the problem;

3. Calls for unimpeded access for international humanitarian relief efforts in the region, in particular in all areas affected by the conflict in order to alleviate the suffering of the civilian population and reaffirms that all parties are bound to comply with the principles and rules of international humanitarian law;

4. Requests the Secretary-General, in consultation with the Chairman-in-Office of the Conference on Security and Cooperation in Europe as well as the Chairman of the Minsk Group of the Conference to assess the situation in the region, in particular in the Kelbadjar district of Azerbaijan, and to submit a further report to the Council;

5. Decides to remain actively seized of the matter.


Source: Security Council Resolutions 1993

Original Document: UN SC Res. 822 (1993)

Jan 211993
 

The European Parliament,

  1. aware of the tragic situation of the 300 000 Armenian refugees who have fled the pogroms in Azerbaijan,
  2. whereas, four years after the earthquake which struck Armenia, living conditions in the disaster areas are perilous,
  3. whereas the CSCE is endeavouring to establish peace by creating the basis for a settlement negotiated between the Azerbaijan and Nagorno-Karabakh authorities,
  4. whereas the economic blockade imposed by Azerbaijan and the resulting energy crisis are designed to draw Armenia into a direct armed conflict,
  1. Gives its full backing to the CSCE peace process and calls for an immediate ceasefire between the parties to the conflict;
  2. Takes the view that the relentless blockade carried out by Azerbaijan constitutes a violation of international law and insists that the Azerbaijani Government lift it forthwith;
  3. Calls on the Commission to release appropriations for Armenia in order to support the democratization process (Tacis programme) and meet the population’s most pressing tangible needs (Echo programme);
  4. Instructs its President to forward this resolution to the Commission, the Council, European Political Cooperation, the CSCE Secretary-General and the Governments of Armenia and of Azerbaijan.

Source: Resolution B3-0049/93 [15.2.93 Official Journal of the European Communities No C42/165]

File: European Parliament Resolution B3-0049/93