Hague court ruling: a precedent to be used in Karabakh issue?
July 24-30 overview of political events
Hague court verdict on Kosovo independence is a moral and juridical
assessment of the situation which may have an influence on Karabakh
conflict settlement, according to Orinats Yerkir deputy chairman Mher
Shahgeldyan. As he told July 24 news conference in Yerevan, Kosovo
precedent consolidates juridical and diplomatic position of Armenian
side in peace talks for Karabakh conflict settlement. `The ICJ ruling
is legitimate and acceptable to international community. Kosovo
verdict gives de jure confirmation of de facto situation with
Karabakh, as well as other conflict zones.’
July 31, 2010
PanARMENIAN.Net –
Mher Shahgeldyan pointed out that the statement of the Heads of
Delegation of the OSCE Minsk Group Co-Chair countries once again
accentuated the three principles of international law for the Karabakh
conflict settlement: the people’s right to self-determination, non-use
of force and territorial integrity.
It is very important that the statement views these principles as
something single and interrelated, Shahgeldyan stressed.
According to him, Armenia hails this approach of the Heads of
Delegation of the OSCE Minsk Group Co-Chair countries.
Shahgeldyan noted that Armenia’s diplomatic positions have
strengthened in the Karabakh issue.
*
People’s diplomacy will help overcome the atmosphere of mistrust and
hostility between South Caucasus nations, Stepan Grigoryan, the head
of the Analytical Center on Globalization and Regional Cooperation
stated.
As he emphasized at July 26 news conference entitled Second Track
Diplomacy and Peace in the South Caucaus: Presentation of the
Rondine’s 14 Points for Peace, Rondine Cittadella della Pace Italian
association and Rondine University plan to establish cooperation with
Caucasus youth, offering a possibility of education at the university.
Rondine Cittadella della Pace association president Franco Vaccari, in
turn, pointed out that 14 Points for Peace document was drawn out by
Rondine University students.
*
Hague court ruling proves the prevalence of people’s right to
self-determination over territorial integrity principle, RA NA vice
speaker Samvel Nikoyan stated.
As he told July 26 news conference in Yerevan, the 2 principles do not
contradict each other, with territorial integrity principle to be
applied in case one UN state encroaches on another’s territory. `The
principle of people’s right to self-determination is to be applied in
case when to defense its rights an ethnic minority is separating
itself in accordance with international law to create its own state,’
the vice speaker stated.
As Samvel Nikoyan pointed out, Azeri president should draw inferences
from Kosovo precedent, with people’s right to self-determination given
priority over territorial integrity principle in international
practice. `Armenian parliament will use the ICJ ruling as a basis in a
struggle for international recognition of NKR independence,’ the vice
speaker noted.
According to Nikoyan, Armenia’s recognizing Karabakh independence
would be unreasonable at the moment, yet the possibility of
recognizing it in future should not be ruled out.
`Currently Karabakh conflict settlement process is conducted under
OSCE MG auspices, with Armenian side adhering to this position. Should
Azerbaijan bring negotiations into impasse, continuing with ceasefire
violations, Armenia may recognize NKR independence. This, in my
opinion, is one of the most probable steps of Armenian side,’ Nikoyan
stated.
Samvel Nikoyan also drew similarities between Kosovo and Karabakh issues.
`Difference between Kosovo and Karabakh issue is Kosovo’s being
situated in Europe and populated by Albanians,’ Nikoyan noted.
`NKR announced separation from Azerbaijan in accordance with USSR
legislation. Humanitarian catastrophe in Kosovo could only be curbed
through international forces interference, while Artsakh people had
only their own means to rely on.’
`However, from international law viewpoint, Kosovo and Karabakh issues
are virtually similar,’ RA NA vice speaker emphasized.
*
Vice-Chairman of the Russian Academy of Geopolitical Problems Araik
Sargsyan said that it is impossible to use the Kosovo precedent for
the international recognition of NKR’s independence, as Kosovo is a
program of the U.S. The Hague court’s ruling on Kosovo is conditioned
by pressure of the U.S, Sargsyan told July 27 press conference in
Yerevan.
According to him, the superpowers would have recognized NKR’s
independence long ago, if it were within their interests. `The
Karabakh conflict resolution is not within interests of the U.S.,
Great Britain and France, as the tense situation serves as a guarantee
of their presence in the region,’ Sargsyan said.
He added that the Albanian drug mafia spent $250mln for Kosovo’s
recognition by the international community. `The Armenian oligarchs
are not ready to spend as much for the international recognition of
NKR, as the Armenian leadership lacks relevant state policy and
political will,’ noted Sargsyan.
He added that NKR’s independence will be recognized only in two cases:
presence of relevant state policy and readiness to spend huge money,
as well as in case of a new war, after which the sides will sign a
peace agreement. `NKR will have the opportunity to be involved in
talks again only in case of a new war,’ said Sargsyan.
*
Chairman of European Integration NGO Karen Bekaryan said on July 27
that the Hague court’s ruling on lawfulness of Kosovo’s secession from
Serbia serves as a good reason for the Foreign Ministry of Artsakh to
initiate a certain process on NKR’s international recognition.
`The fact that Karabakh is not directly involved in the talks provides
Stepanakert with the opportunity to be less constrained in similar
initiatives,’ the expert stated.
Bekaryan added that the civil sector of NKR also should be involved in
the process of international recognition of NKR’s independence.
As for Armenia’s steps in this process, according to Bekaryan, it
should stir up the parliamentary diplomacy. `Through international
organizations and parliamentary friendship groups Armenia may initiate
steps for recognition of NKR’s independence by parliaments of friendly
countries. In its turn, the Armenian Diaspora should assist Armenia
and NKR in this process,’ noted Bekaryan.
The expert said that the Hague court’s ruling will definitely have an
impact on the negotiation process on Karabakh.
*
Member of Republican Party of Armenia parliamentary group Lernik
Alexanyan said that the ruling of the International Court of Justice
on Kosovo will definitely have a positive impact on the Karabakh
conflict resolution.
However, one should not expect it to have a considerable impact on the
international recognition of NKR’s independence, Alexanyan told July
28 news conference in Yerevan.
According to Alexanyan, though non-binding, the ruling was passed in
accordance with juridical logics. `The ruling is a good basis to
transfer the Karabakh problem from the political field into a legal
one. At last, the ruling will open the eyes of Azerbaijanis to the
fact that the Karabakh conflict may be resolved in the legal field,’
noted Alexanyan.
As for recognition of NKR’s independence by Armenia, he said that
Armenia should do it at a well-chosen moment. `Armenia should keep
this step as a trump card in its relations with Azerbaijan to use it
at the right moment,’ said Alexanyan.
According to him, Armenia can use this trump card in two cases: if
Azerbaijan resumes hostilities or favorable conditions are established
in international relations for recognition of NKR’s independence.
*
International Court of Justice ruling on Kosovo independence is
important to Armenia and NKR, confirming that acknowledgement of NKR
independence doesn’t run counter to international law, the head of
ARFD Hay Dat Bureau Kiro Manoyan stated on July 28.
As he pointed out at news conference in Yerevan, Artsakh independence
was declared in accordance with international law, as well as USSR
legislation.
Characterizing statements on Hague court ruling referring to Kosovo
case only as a flaw of judgment, Kiro Manoyan urged to undertake
specific steps towards international recognition of NKR independence.
*
Director of Sociometer center Aharon Adibekyan said that the Kosovo
precedent has divided the expert community’s opinion: a part of it
stands for the people’s right to self-determination, while the other
part – for territorial integrity. `All of them are right,’ Adibekyan
told a press conference in Yerevan.
According to Adibekyan, in this case all depends on force. `Armenia
has a force advantage in the Karabakh conflict settlement,’ the
Armenian sociologist said.
Presenting the results of sociological researches conducted by
Sociometer center during the parliamentary elections in NKR, Adibekyan
noted that 85% of NKR’s population stands for independence, while 15%
of it believes that a mutually acceptable solution should be achieved
among the sides to the conflict, and only 0.1% of NKR’s population
sees its future within Azerbaijan’s composition. `Possibly, these
people held senior posts during the Soviet era,’ said Adibekyan,
adding that the number of those who support reunification with Armenia
is decreasing in Karabakh with the lapse of time. `According to the
results of our researches, only 33% of population supports
reunification with Armenia, while 67% – independence,’ noted
Adibekyan.
At the same time, Adibekyan presented the results of recent
sociological researches by an American company in Azerbaijan.
According to them, less than half of the Azerbaijani population
believes that NKR will be within the composition of Azerbaijan. `It is
an obvious case of defeatist moods among the Azerbaijani population,
what has become a cold shower on hot heads of Azerbaijani leaders,’
concluded Aharonyan.
*
Political analyst Sergey Shakaryants said that superpowers are tired
of Baku’s destructive stance in negotiations on the Karabakh conflict
settlement.
According to him, statements of the OSCE Minsk Group’s Co-Chair
countries contain clear messages for the Azerbaijani leadership.
`Ilham Aliyev was clearly warned that Azerbaijan should reject
military resolution of the Karabakh conflict,’ Shakaryants told a
press conference in Yerevan.
Thus, Baku will refrain from new provocations on the contact line in
the near future, he said. Referring to the current situation around
the Karabakh conflict, the political analyst said that Armenia and NKR
have passed through this stage of negotiations without losses.
Commenting on the Hague court’s ruling, Shakaryants noted that it
recognizes the declaration of independence, but not Kosovo’s
independence as a state itself. He added that Kosovo cannot serve as a
precedent for the Karabakh problem, as these conflicts are not
similar.
*
July 30, RA National Assembly speaker Hovik Abrahamyan addressed a
letter to NATO Parliamentary Assembly President John Tanner, in
reference to possible discussion of Nagorno-Karabakh issue at the NATO
Parliamentary Assembly.
`I am surprised that such a step may have been taken without proper
consultations with the members of the Armenian Delegation to the NATO
Parliamentary Assembly.
As is known, currently the Nagorno-Karabakh peace process runs under
the auspices of the OSCE Minsk Group Co-Chairmen – USA, France and
Russia. It is our strong conviction that given the confidentiality,
specificity and delicacy of the negotiations, the initiatives held in
formats other than the Minsk Group Co-Chairmanship, even with a good
intent, preclude a great danger of jeopardizing the negotiation
process and undermining the mediation efforts. Therefore, any
initiative on the Nagorno-Karabakh conflict resolution requires prior
consultations with the Co-Chair States of the Minsk Group, having in
view that the USA and France are both NATO members.
The attempts of Azerbaijan to raise the Nagorno-Karabakh issue within
different international formats are aimed at advertising Azerbaijan’s
own perception of the conflict resolution with disregard of the
entirety of principles proclaimed by the Co-Chairs as the basis for
the conflict resolution. It is worth mentioning that the Co-Chair
countries voted against the resolution proposed by Azerbaijan at the
UN General Assembly session in March 2008, by stating that the
`resolution selectively propagates only certain of the principles [of
the conflict resolution] to the exclusion of others’.
Just a few days ago, exactly on July 17, Minister of Foreign Affairs
of the Russian Federation Sergei Lavrov, Minister of Foreign Affairs
of France Bernard Kouchner, and Deputy Secretary of State of the
United States of America James Steinberg issued a statement where they
reconfirmed the principles and elements of the conflict resolution
stated by the Presidents of the OSCE Minsk Group’s Co-Chair countries
at the G8 Summit convened on June 26, 2010 in Muskoka. They once more
stressed the point that the mentioned principles and elements have
been conceived as an integrated whole and that any attempt to give
preferences over other principles would make it impossible to achieve
a balanced solution.
With due respect to such an authoritative organization, as the NATO
Parliamentary Assembly, we consider it our duty to remind that not in
the distant past we had already experienced that the NATO PA report on
Nagorno-Karabakh had provoked selective references, unsubstantiated
interpretations, and wrong speculations. I believe that the report in
no way has contributed to the creation of a favorable environment for
the settlement process. I do not see any reason why this new
initiative may yield a different result. It was due to the clear
understanding of the sensitivity of the issue that the Secretary
General Rasmussen and other NATO high ranking officials voiced their
strong support for the efforts of the OSCE Minsk Group on different
occasions and stressed that NATO did not have direct involvement in
the issue nor did it play a role of its own in the mediation process.’
`Based on these concerns, I would like to strongly advise and suggest
that the NATO Parliamentary Assembly refrain from addressing the issue
on the Nagorno-Karabakh conflict,’ the letter concluded.
*
After NATO PA session in Riga, Azeri delegation announced that a
possibility to draft a report on Karabakh issue was discussed with
NATO Parliamentary Assembly President John Tanner. The head of
Armenian parliamentary delegation in NATO PA Karen Avagyan denied the
information at the time, Heritage party leader, member of RA
parliamentary delegation in NATO PA Stepan Safaryan stated on July 30.
As he pointed out in a conversation with PanARMENIAN.Net reporter,
`Discussion of Karabakh conflict in any other structure but OSCE MG is
unacceptable. In the present case, NATO PA has to realize, the Azeri
initiative aims at raising the issue in international structures
rather than promote its settlement.’
`Should NATO PA accept the suggestion, thus supporting destructive
position of Azerbaijan, Armenia might need to give a serious thought
as to unhealthy atmosphere within the Organisation,’ Safaryan stated.
*
On July 28, ANC political council hosted a sitting led by Congress
leader Levon Ter-Petrossian.
RA internal and foreign policy, as well as ANC’s further actions were
discussed at the council sitting.
ANC council also approved pension reform program project to be
submitted for social discussion, ANC press service reported.
The next ANC meeting was scheduled for September 17.
Arshaluys Mghdesyan / PanARMENIAN News
From: A. Papazian