Dec 012004
 

«Highlights», ХII.2004
Vladimir KAZIMIROV

KARABAKH AND UN SECURITY COUNCIL RESOLUTIONS

The resolutions of UN Security Council are among the decisive documents in the modern international life. All the UN member-countries, of course, focus their attention on the complete and well-timed (and not postponed or selective) fulfillment of those documents. There are 4 resolutions on Karabakh conflict (822, 853, 874 and 884). All of them were adopted in the heat of Karabakh war, from April 30 to November 12, 1993.

In the recent years, the fulfillment of resolutions has been more frequently demanded by Baku but only concerning the part of immediate, complete and unconditional withdrawal of occupation forces from 7 regions of Azerbaijan occupied by Armenian-Karabakh troops and return of their refugees to those territories. Now Nagorno Karabakh itself is also more and more persistently enclosed by those demands; Heydar Aliyev was more moderate in this issue (too much formal logic hardly ever applicable in conflict situations is necessary in order to refer Nagorno Karabakh to occupied lands).

To put it differently, Azerbaijan, in essence, reduces the requirements of resolutions to the liberation of occupied territories. This country wants to draw attention to this grave consequence of an armed conflict, to the pain of the forced migrants. Meanwhile, Azerbaijan wants to push to the background, to delay the elimination of the major disputable problem and cause of the conflict, determination of Nagorno Karabakh’s status.

1. Adequate treatment of the UN Security Council resolutions is impossible without considering the hierarchy of their demands, without taking into account the fact that in the summer and in the fall of 1993 did the culmination of the war arrive. That’s why the priority and the most important demand was to cease fire, all the military and hostile activities. This demand passes through all the 4 resolutions as if it is their common pivot.
UN Security Council brought forward this demand as early as in the very first resolution N 822 adopted on April 30 1993, but a whole year and another 3 resolutions were not enough for its fulfillment.
It’s high time we specified which side violated this basic demand of all resolutions and bears special responsibility for the fact that its failure to solve this cardinal problem laid the foundation for the failure of almost all other demands, a complex non-fulfillment of the Security Council resolutions.
Of course, nobody is innocent here, but, no doubt, the “palm” belongs to the Azeri side. Even having lost the control over its territories Azerbaijan’s leaders both in the years of A. Elchibey and H. Aliyev were persistent in their attempts to achieve a sudden change on the front and solve the conflict by force as if they were unaware of their own responsibility for the occupation and its extension. In the years of Russia’s active mediation, a whole calendar of cases of cease-fire breaking by both sides, evasion from such agreements and other cases of underestimation of peace-making initiatives accumulated (resolution N 884 also speaks about this in Aesopian language). With all the four resolutions of UN Security Council, three times did Baku directly neglect (December 1993 and February 1994) the chances of putting an end to military operations.
Cease-fire was achieved with Russia’s assistance on May 12 1994 not so much on the basis of the UN Security Council resolutions, rather, on the basis of April 15 1994 statement of the Council of CIS country-heads, anyway, they had a common goal. This agreement was already different as compared with the previous ones, it wasn’t a temporary one or envisaged for several days only, but it was perpetual (by definition). i.e. actually permanent, and owing to the persistence of Moscow, it was not signed by two sides only as it was done before but by all the three sides of the conflict (not only Baku and Stepanakert, but also Yerevan).
2. …..
3. The demand on liberation of the occupied territories or immediate withdrawal of all the occupation forces also passes through all resolutions. Baku claims that all the resolutions demand unconditional withdrawal, but this only refers to July 29 resolution N 853. How did the word “unconditional” disappear from resolutions N874 and N884? Did it disappear by accident, because of absent-mindedness? What if it disappeared in consequence of regular non-fulfillment by one of the sides of the major requirement, i.e., to cease military operations. Who could have expected to withdraw the forces without ceasing the fights? And who didn’t want to cease them? The UN Security Council couldn’t have compensated for non-fulfillment of its resolutions. On this very background did the unconditional demand turn into a subject of negotiations between the sides. For many times this issue has been a subject of negotiations but it wasn’t solved because of the position of Armenians and because of the fact that Baku immediately insisted on the withdrawal from all the territories, even from Shushi and Lachin, without even showing any willingness to touch upon the Nagorno Karabakh status.
4. The UN Security Council resolutions contain a number of other demands and appeals that remained non-fulfilled:
a) “to restore economic, transport and energy communications in the region” (853); “to eliminate all the obstacles to communication and transport” (874). From the very start of the conflict, Azerbaijan made use of the total blockade of Nagorno Karabakh and Armenia meanwhile accusing Armenia of Nakhijevan’s blockade. To fulfill those demands he puts forward the liberation of the lands as a preliminary pre-condition.
Besides, Baku broke off its contacts in all the spheres with Armenia and the more so with Nagorno Karabakh;
b) a number of appeals were raised in the negotiation process. Since as early as on May 19 1992, Azerbaijan refused to participate in the Minsk conference unless the Armenians left Shusha and Lachin occupied by them and on April 6 1993 they left the consultations of the “Minsk Five” in Geneva, the UN Security Council resolutions proposed that “negotiations should be immediately resumed within the framework of the Minsk Group peace process” (822), persistently urged to refrain from any actions hampering the peaceful settlement of the conflict and to “continue the negotiations within the framework of the Minsk Group, as well as by means of direct contacts” (853), and to convene an urgent Minsk conference (874).
The negotiations within the framework of the Minsk Group continued in 1994, as for direct contacts with Nagorno Karabakh, Baku completely contracted them at the end of 1993 against resolutions N853, N874 and N884.
The resolutions call “the local Armenian forces” (822), “Armenians of the Nagorno Karabakh region of Azerbaijan” (853, 884) a side opposed to it. By saying direct contacts, the resolutions meant the ones between Baku and Stepanakert (also because the agreements on cease-fire reached with the assistance of Russia are mentioned there for many times and all these agreements were concluded with Stepanakert in 1993, but Yerevan was not a party).
One may sum up all this as follows:
AZERBAIJAN persistently wouldn’t fulfill the main demand of the UN Security Council resolutions, to cease the fire, military and hostile operations, which had a negative impact on the fulfillment of other demands. Azerbaijan doesn’t fulfill them at present, either as far as the following points are concerned: 1) restore the economic, transport and energy communications in the region, 2) use the direct contacts with Nagorno Karabakh, 3) convene a Minsk conference.
ARMENIA AND NAGORNO KARABAKH refuse to meet the demand of withdrawing the occupation forces from Azerbaijani regions beyond the boundaries of Nagorno Karabakh insisting on a package and all-embracing settlement.
ARMENIA didn’t completely meet the appeal to exert restraining influence on Nagorno Karabakh and at present by mistake substitutes for it in the negotiation process, which though differently but again distorts the real configuration of the conflict.

As a result, the truce that has lasted for more than 10 years now remains the main achievement. It’s impossible to consider the UN Security Council resolutions on Karabakh as fulfilled and the position of sides of the conflict as adequate to them. It’s significant that the UN Security Council didn’t adopt any other resolutions on this conflict as their non-fulfillment by the sides undermines its authority.
Of course, the resolutions adopted 11 years ago can hardly be considered free of mistakes and valid for all times. They were dictated by the realities of that time.
Now when for this or that purpose attempts to involve UN in the settlement of the Karabakh conflict are again made it’s important to sum up the activity of last 10 years. We shouldn’t shut our eyes to the past, we should learn our lesson from it.
We should demand from the leaders of all the sides, in all forms and from any tribune a rigid political will for settlement, serious efforts and energetic negotiations (instead of false gestures of maneuvering, information war and propaganda performances). So far, their efforts have proved to be obviously insufficient. They should coordinate the bases of a peaceful settlement, which would make it possible to adopt a new resolution of the UN Security Council in the future in order to support a historical reconciliation between Azeries and Armenians.
The international community should put a question before the sides, if they are able to recognize the Nagorno Karabakh status a disputable problem. It’s clear to the whole world but only not to the sides. No matter how hard it may seem, the authorities of all the sides still need to pass this test on practicability and capability of transition to a constructive search of settlement. If not, then what caused the conflict, why did we hold negotiations for so many years? If yes, then this would be the first step of deviation from the current ultimatum demands excluding any solution to the problem except the one in favor of them, the first step towards a more civilized solution to the dispute, elimination of vain but dangerous appeals to its forced solution as well as the grave consequences of the armed conflict.


Source: Vladimir Kazimirov’s personal website

Similar Russian article: Карабах и резолюции Совета Безопасности ООН

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)