Author: Kalashian Nyrie

 16:17, 9 August 2023

YEREVAN, AUGUST 9, ARMENPRESS. Nagorno-Karabakh (Artsakh) President Arayik Harutyunyan has held a call-meeting with Luis Moreno Ocampo, the first prosecutor of the International Criminal Court and professor of Harvard and Yale universities. During the video call Ocampo presented the results of his legal research on the blockade of Nagorno-Karabakh. Other Nagorno-Karabakh officials also participated in the call.

The President expressed his gratitude to the distinguished international expert for pro bono undertaking the investigation of the blockade of Nagorno-Karabakh and providing a legal assessment of the situation, Harutyunyan’s office said in a press release.

Luis Moreno Ocampo emphasized that the results of the research and analysis are very clear: Azerbaijan is committing genocide against the local Armenian people of Nagorno-Karabakh and the international community is obliged to take urgent and effective measures to prevent its further course.

The main findings of the report are outlined below:

“There is an ongoing Genocide against 120,000 Armenians living in Nagorno-Karabakh, also known as Artsakh.

The blockade of the Lachin Corridor by the Azerbaijani security forces impeding access to any food, medical supplies, and other essentials should be considered a Genocide under Article II, (c) of the Genocide Convention: “Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.”

There are no crematories, and there are no machete attacks. Starvation is the invisible Genocide weapon. Without immediate dramatic change, this group of Armenians will be destroyed in a few weeks.

Starvation as a method to destroy people was neglected by the entire international community when it was used against Armenians in 1915, Jews and Poles in 1939, Russians in Leningrad (now Saint Petersburg) in 1941, and Cambodians in 1975/1976. Starvation was also neglected when used in Srebrenica in the winter of 1993/1994.

Analyzing the Srebrenica case, the International Court of Justice ruled that “deprivation of food, medical care, shelter or clothing” constitute Genocide within the meaning of Article II(c) of the Genocide Convention.

State parties of the Genocide Convention assumed the duty to prevent and punish Genocide. The International Court of Justice ruled that state parties should “not wait until the perpetration of Genocide commences,” and “The whole point of the obligation is to prevent or attempt to prevent the occurrence of the act.”

 This report analyzes:

1. The existence of an ongoing Genocide in Nagorno-Karabakh.
2. How to investigate those responsible for Genocide?
3. How to prevent the final destruction of the Armenian group?

1. Genocide in Nagorno-Karabakh in 2023

 There is a reasonable basis to believe that a Genocide is being committed against Armenians living in Nagorno-Karabakh in 2023.

The International Court of Justice, at the request of Armenia, has already analyzed the Lachin corridor’s blockade. The Court focused on State liability for alleged violations of the International Convention on the Elimination of All Forms of Racial Discrimination rather than individual criminal responsibility for the commission of Genocide.

Though predicated on a different set of State obligations, the Court confirmed the occurrence of the material elements of Genocide that are set out in Article II, (c) of the Genocide Convention: “Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.”

The Court’s preliminary findings considered “plausible” that the Lachin corridor blockade produced “a real and imminent risk” to the “health and life” of an ethnic group, “the Armenians living in Nagorno-Karabakh.”

The intention, a subjective element required by the crime of Genocide, should be deduced from the facts and statements from President Aliyev, who has supreme authority in Azerbaijan.

President Aliyev, in a fair trial, would have the opportunity to provide a different interpretation of the indicia. In the meantime, there is reasonable basis to believe that President Aliyev has Genocidal intentions: he has knowingly, willingly and voluntarily blockaded the Lachin Corridor even after having been placed on notice regarding the consequences of his actions by the ICJ’s provisional orders.

The facts are:

1. President Aliyev deliberately blocked the provision of life’s essentials to the Armenians living in Nagorno-Karabakh.
2. He openly disobeyed the specific orders of the International Court of Justice, “to ensure unimpeded movement of persons, vehicles, and cargo along the Lachin Corridor in both directions.”
3. The ICJ order put him on notice about the “real and imminent risk” created by the blockade to an Armenian group “health and life.” President Aliyev’s public statements affirming that the blockade was the consequence of people smuggling minerals and i-phones through the Lachin Corridor is a diversion.

Smuggling activities should be properly investigated but they are not an excuse to disobey a binding order of the International Court of Justice or a justification to commit a Genocide.

2. Could President Aliyev be investigated by the International Criminal Court?

Article IV of the Genocide Convention establishes that “[p]ersons committing genocide shall be punished,” even if “they are constitutionally responsible rulers.” But there is no independent criminal justice system ready to investigate the crime of Genocide allegedly committed by President Aliyev.

President Aliyev cannot be investigated by any foreign national authorities because he enjoys immunity as a head of state.

The International Criminal Court provides a jurisdiction where such immunity does not apply. There are three ways to start an ICC investigation for the commission of the crimes in Lachin Corridor and Nagorno-Karabakh:

• Azerbaijan becomes a state party (Article 12(1) of the Rome Statute);
• Azerbaijan accepts the jurisdiction of the Court on its territory (Article 12(3)

of the Rome Statute); or

• The UN Security Council refers the situation of the Lachin Corridor and Nagorno-Karabakh after December 2022 to the ICC (Article 13(b) of the Rome Statute).

But Azerbaijan is not a state party of the Rome Statute (Article 12(1)), the treaty creating the ICC and has not accepted the ICC’s jurisdiction (Article 12(3)). As a result, immediate state action is required to adopt a UN Security Council Resolution referring the situation in the Lachin Corridor and Nagorno-Karabakh to the ICC.

There are precedents. In March 2005, the UN Security Council adopted Resolution 1395, referring the Darfur, Sudan situation to the ICC. Five years later, President Omar Al Bashir was indicted for Genocide.

In February 2011, the UN Security Council referred the situation in Libya to the Court. In June 2011 the ICC issued an arrest warrant for Muammar Gaddafi for war crimes and crimes against humanity.

Obtaining a UN Security Council Resolution to provide ICC jurisdiction should be feasible. Under the Genocide Convention, state parties have an obligation to prevent and punish Genocide, and 14 of the current 15 members of the UN Security Council are also parties of that Convention, providing an overwhelming majority.

France proposed, as early as in 2013, that the five permanent members of the Council voluntarily and collectively suspend the use of the veto in case of Genocide and other mass atrocities.

3. How to Prevent the Final Destruction of the Armenian Group?

President Aliyev as well as the international community has the rare opportunity to prevent further casualties and the “physical destruction” of a group in this Genocide. Timely prevention requires the adoption of urgent political decisions,

1. a) to stop the blockade and reestablish the provision of essentials to Nagorno- Karabakh in one or two weeks, and
2. b) institutional solutions to the disputed territorial claims. It should be adopted before May 2025 because, at that moment, Azerbaijan can request the end of the Russian peacekeeper protection.

By design, there are no central authorities at the international level to adopt such urgent measures. A specific International Court of Justice ruling on Genocide, smart sanctions, and other classic diplomatic tools would not be quick and strong enough.

In the short term, which is crucial to stop the ongoing Genocide by starvation, the duty of prevention would be exclusively defined by the interest of the states involved in the conflict.

In April 1994, most of the UN Security Council members refused to call “Genocide” what was happening in Rwanda. During the debate the Czech Ambassador challenged the intense focus on a negotiation to achieve a new ceasefire, which he likened to asking the Jews to reach a truce with Hitler.

In “A Problem from Hell,” Samantha Power explains the crucial role of the citizen in transforming the national leaders’ interests in a Genocide abroad. The voice of the Armenians in the diaspora could reduce the failure by design created by the international legal architecture. They should be mobilized worldwide to reach national leaders and promote a pragmatic solutions.

Russia, responsible for peacekeeping in Nagorno-Karabakh, and the US, promoting current negotiations between Armenia and Azerbaijan, are state parties of the Genocide Convention, as are all the European Union members. They have a privileged position to prevent this Genocide. Their intense confrontation due to the Ukrainian conflict should not transform the Armenians into collateral victims.

Is it possible to assist European, Russian, and USA leaders to reach a joint position to stop the ongoing Armenian Genocide? If they could agree, the food will reach the Armenians within one day.

The conflict in Nagorno-Karabakh is an opportunity for the international community to develop an innovative and harmonious solution to prevent Genocide. Under Article 16 of the Rome Statute, a criminal investigation could eventually be suspended by the UN Security Council to find a final and fair solution.

President Aliyev asked: “Why Spain does not allow Catalunya to have a referendum? Why should we tolerate separatism?” The simple answer to complex issues of sovereignty involved in the question is that Spain is not committing genocide to control separatist efforts”.

 14:07, 31 July 2023

STEPANAKERT, JULY 31, ARMENPRESS/ARTSAKHPRESS: Luis Moreno Ocampo, a leading specialist in international law, former chief prosecutor of the International Criminal Court and lecturer at Harvard and Yale universities, responded to the letter of the President of the Republic of Artsakh (Nagorno-Karabakh), Arayik Harutyunyan, in which the President requested an expert opinion on whether the deepening blockade in Artsakh corresponds to the crime of genocide.

In an interview with Artsakhpress, Lusine Avanesyan, the press secretary of the Artsakh Republic said that Mr. Ocampo has sent a reply letter to the President, in which he specifically wrote:

”Dear President of the Artsakh Republic Arayik Harutyunyan

“Thank you very much for your request to provide my opinion regarding the current situation of Nagorno-Karabakh. It would be my honor to analyze the problem and provide you with my conclusion.

“I will prepare a comprehensive report analyzing the facts and the law. My assessment will be impartial and produced on a pro bono basis.

“To reach a conclusion regarding the commission of a genocide, I must analyze the Azerbaijan leaders’ intentions. Intention could be deduced from the facts, but to safeguard my accuracy and impartiality, I will write to the Azerbaijan President offering him the opportunity to clarify his position directly.

“Given the situation’s urgency and the risk of starvation for 120.000 Armenians, I plan to issue my report in 7 days.

“Please don’t hesitate to communicate any new circumstance that could affect the situation in analysis.

Yours,  Luis Moreno Ocampo”

Lachin Corridor, the only road connecting Nagorno Karabakh with Armenia and the rest of the world, has been blocked by Azerbaijan since late 2022. The Azerbaijani blockade constitutes a gross violation of the 2020 Nagorno Karabakh ceasefire agreement, which established that the 5km-wide Lachin Corridor shall be under the control of Russian peacekeepers. Furthermore, on February 22, 2023 the United Nations’ highest court – the International Court of Justice (ICJ) – ordered Azerbaijan to “take all steps at its disposal” to ensure unimpeded movement of persons, vehicles and cargo along the Lachin Corridor in both directions.  Azerbaijan has been ignoring the order ever since. Moreover, Azerbaijan then illegally installed a checkpoint on Lachin Corridor. The blockade has led to shortages of essential products such as food and medication. Azerbaijan has also cut off gas and power supply into Nagorno Karabakh, with officials warning that Baku seeks to commit ethnic cleansing against Armenians in Nagorno Karabakh. Hospitals have suspended normal operations.

 13:22, 4 August 2023

YEREVAN, AUGUST 4, ARMENPRESS. Deputy Minister of Foreign Affairs of Armenia Vahan Kostanyan has reacted to Azerbaijani President Ilham Aliyev’s recent Euronews interview where the latter said “to win the war was the mission of my life, of my political life.”

Kostanyan said that the international community should take “immediate action to prevent ethnic cleansing in Nagorno-Karabakh.”

“Statement of President of Azerbaijan that “winning war was mission of his life, of his political life…” clearly demonstrates how impunity gives green-light for new atrocity crimes. Intl community should take immediate action to prevent ethnic cleansing in Nagorno Karabakh,” the Deputy FM said in a post on social media platform X, formerly known as Twitter.

 12:34, 1 August 2023

YEREVAN, AUGUST 1, ARMENPRESS. At its meeting today, the Board of the Central Bank of Armenia decided to reduce the refinancing rate by 0.25 pp, setting it at 10.25%, the Central Bank said in a press release.

The Lombard repo facility rate is set at 11.75 %, and the Deposit facility rate is at 8.75 %.

 17:44,

YEREVAN, JULY 19, ARMENPRESS/BTA. President Rumen Radev doubts that what he considers “a parliament of low public approval and low legitimacy” should amend the Constitution. “Let us see what they are going to propose. There is a majority but there have been no proposals about amending the Constitution,” Radev said on Wednesday, taking a question from BTA about whether amending Bulgaria’s basic law is on the agenda.

He was also asked to comment on a remark by Hristo Ivanov of Continue the Change – Democratic Bulgaria, one of two coalitions which have worked out the formula of the present government. Ivanov said recently that Radev’s opinion that “Ukraine insists on waging the war” against Russia puts the Bulgarian President in the same league as the pro-Russian President of Belarus, Alexander Lukashenko, which Ivanov described as “irresponsible and dangerous for Bulgaria”.

Radev said: “Mr Ivanov is doing everything possible, using all possible cards to make us forget the lowly way in which he deceived his voters and betrayed his own principles and values. He had built his entire political image as a fighter against the mafia, which he identified with [GERB party leader Boyko] Borissov, and against backstage politics, which he identified with [businessman and MP Delyan] Peevski. And now, he is not just locked in an embrace with them, he is their running dog.”

Radev expects the government to defend Bulgaria’s interests and to follow the Bulgarian agenda, paying attention to the problems of the people. “This will determine my attitude to the incumbents,” he said.

(This information is being published according to an agreement between Armenpress and BTA.)

 19:25,

YEREVAN, JULY 18, ARMENPRESS. Armenian Foreign Minister Ararat Mirzoyan made a statement for journalists after meeting with Austrian Foreign Minister Alexander Schallenberg in Vienna, touching on the relations between the two countries, Armenia-EU partnership, cooperation on international platforms, including the UN, OSCE, regional security and stability.

As ARMENPRESS was informed from the Ministry of Foreign Affairs of Armenia, Mirzoyan noted that he presented to his colleague the security situation in the South Caucasus, Armenia’s vision of establishing peace, the process of normalization of relations between Armenia and Azerbaijan, and the efforts made by Armenia and the international community to achieve results. He noted that stable peace in the region is possible only in the case of proper addressing of the rights and security issues of the people of Nagorno Karabakh under the international mechanism, through the Stepanakert-Baku dialogue.

“Dear Minister,

Dear attendees,

First of all, I would like to thank my colleague, Mr. Schallenberg, for the invitation to Vienna and the warm welcome. The contacts between the two countries, between me and my counterpart, my dear friend, are quite intensive, and today as well, we had fruitful discussions on many issues of mutual interest.

We commended the high level of political dialogue between Armenia and Austria, touched upon the dynamically developing bilateral cooperation in recent years in areas of economy, trade, business ties, science, education, culture, people-to-people contacts and other spheres. In this context, we mentioned the role and activities of the Armenian-Austrian joint commission on trade-economic and scientific-technical cooperation as well as the prospects of effective use of the existing untapped potential in all mentioned areas.

Mr. Minister,

I am glad to mention the significant increase in bilateral trade turnover between our countries during the first half of this year. In this context I recall the Armenian-Austrian business forum that took place in Yerevan during your visit last year.

I give special importance also to the commitment of Austria to support the sustainable development efforts in Armenia. During your visit in 2022, the opening of the Austrian Development Agency coordination office in Yerevan, indeed, was a stimulus for the development of our relations.

Today we also exchanged views on our cooperation in various international platforms, including in the framework of the UN and the OSCE.

A wide range of issues related to the Armenia-EU partnership was on the agenda of our meeting. 

We touched upon the importance of the EU’s consistent assistance to democratic reforms and the development of institutional capacities in Armenia. We attached particular importance to the activities of the EU civilian monitoring mission operating in Armenia since February. It makes an important contribution to reducing tensions and preventing escalations at international border between Armenia and Azerbaijan. I expressed my gratitude to my colleague and the Government of Austria for the participation of the Austrian observers in this mission.

I would like to note that we also discussed the possibilities of the Armenia-EU cooperation in the field of security, taking into account the inaugural meeting of the Armenia-EU political and security dialogue held in January this year.

Dear attendees,

Our discussion today also focused on developments on regional security and stability. I briefed my colleague on the security situation in the South Caucasus, Armenia’s vision of establishing peace, the process of normalisation of relations between Armenia and Azerbaijan and the efforts made by Armenia and the international community to achieve results.

We are confident, and I believe that Armenia is not alone on this, that stable peace in the region is possible if the issues of the rights and security of the people of Nagorno-Karabakh are properly addressed within the framework of an international mechanism, through the Stepanakert-Baku dialogue. In this context, it is regrettable to state that instead of engaging in such a dialogue, Azerbaijan is currently pursuing a policy of ethnic cleansing in Nagorno-Karabakh. A clear manifestation of it is the blockade of Nagorno-Karabakh which has been going on for more than seven months now. Nagorno-Karabakh is now on the verge of a humanitarian catastrophe. This is happening in violation of international humanitarian norms and contrary to numerous appeals of international actors, resolutions and the legally binding Order of the International Court of Justice of February 22, which, by the way, the Court reaffirmed with its Order of July 6 this year. 

In the negotiation process with Azerbaijan, the key issue is to ensure maximum certainty regarding the interstate border. In this context, it should be emphasised that the borders of the former Soviet Republics, as recognized by the Alma-Ata Declaration, serve as the interstate border between Armenia and Azerbaijan. 

Armenia is also interested in unblocking the regional economic and transport infrastructure, which should be based on the sovereignty and jurisdiction of the countries and according to the principles of equality and reciprocity.

Of course, for reaching agreements to the mentioned issues, the general atmosphere is very important: the rejection of the use of force or threat of use of force as well as of hostile and aggressive rhetoric, the solution of urgent humanitarian issues, in particular, the release of all Armenian prisoners of war by Azerbaijan are important for creating an environment conducive for peace. 

In conclusion, I would like to note that in the above-mentioned issues and, as a priority, in lifting the blockade of the Lachin corridor, Armenia expects effective steps by international actors, especially by the members of the UN Security Council.

Mr. Minister, dear friend,

Thank you once again for the warm welcome and fruitful, comprehensive conversation. I am greatly interested in continuing this dialogue.

Thank you very much”, Mirzoyan said in his speech.