Author: Khoyetsian Rose

WASHINGTON, DC – Just a week after her participation in a historic Congressional delegation visit to Armenia led by US House Speaker Nancy Pelosi (D-CA), Congressional Armenian Caucus co-chair Jackie Speier (D-CA) has introduced legislation condemning Azerbaijan’s war crimes against Armenia and Artsakh, calling on the US to explore sanctions and petition international tribunals to carry out appropriate investigations, reported the Armenian National Committee of America (ANCA).

Rep. Speier shared her intention to introduce the legislation during Washington, DC meetings last week with Artsakh Foreign Minister David Babayan and Deputy Minister of Culture, Education, Sports and Science Lernik Hovanessian, following the ANCA’s Federal Policy Seminar. In addition to pursuing sanctions for war crimes, the resolution calls for an investigation into Azerbaijan’s ongoing illegal imprisonment of Armenian POWs, condemns the destruction of Armenian churches and historic sites, and reaffirms the territorial integrity of Armenia and Artsakh. Rep. Speier is joined by Congressional Armenian Caucus co-chair Frank Pallone (D-NJ), vice-chair Adam Schiff (D-CA) and fellow Armenian American Congresswoman Anna Eshoo (D-CA) in spearheading the measure.

“We welcome today’s introduction of Congresswoman Speier’s war-crimes resolution – alongside Congressman Schiff’s measure condemning Azerbaijan’s attacks,” said ANCA executive director Aram Hamparian. “Both are powerful, bipartisan expressions of Congressional support for the statutory measures required to enforce Section 907 and cut-off all US military aid to an oil-rich Azerbaijani government that is attacking Armenia and ethnically-cleansing Artsakh.”

“Congresswoman Speier is ending her service in the US Congress in the same spirit she entered this great house of democracy – as a courageous and caring voice for the Armenian people – in her House district, across America, living in our homeland and throughout the world,” said ANCA San Francisco Bay Area chair Matt Senekeremian, who resides in Rep. Speier’s district. “We stand shoulder to shoulder with her in seeking to hold Azerbaijan accountable for its war crimes.”

Rep. Speier’s measure follows the introduction earlier this month of H.Res.1351, spearheaded by Rep. Schiff and Congressional Armenian Caucus leaders, calling for an immediate end to US aid to Azerbaijan, and condemning President Aliyev’s unprovoked attack against Armenia and Artsakh. The measure currently has 44 cosponsors.

The ANCA is expanding its online advocacy portal to urge passage of both H.Res.1351 and Rep. Speier’s resolution. The portal also outlines all Congressional statements condemning Azerbaijan’s recent attacks against Armenia and Artsakh.

Representatives Jackie Speier (D-CA), Anna Eshoo (D-CA), and Brad Sherman (D-CA) discuss Azerbaijan’s ongoing aggression against Armenia and Artsakh during Washington DC meetings with Artsakh Foreign Minister David Babayan, Deputy Minister of Culture Lernik Hovanessian, and Artsakh Representative to the U.S. Robert Avetisyan. They were joined by an ANCA delegation led by Government Affairs Director Tereza Yerimyan.

The text of Rep. Speier’s resolution is provided below.

#####

Text of Rep. Speier Resolution Condemning Azerbaijani War Crimes

117TH CONGRESS 2D SESSION

RESOLUTION

Condemning atrocities and war crimes committed by the Republic of Azerbaijan.

Whereas the Universal Declaration of Human Rights Pre-amble states that ‘‘Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms’’;

Whereas Article 2 of the United Nations Charter directs all Member States to ‘‘refrain . . . from the threat or use of force against the territorial integrity or political independence of any state’’;

Whereas the Republic of Azerbaijan joined the United Nations on March 2, 1992, and thus has a duty to abide by the conditions of the United Nations Charter and pledges reflected in the Universal Declaration of Human Rights;

Whereas the Republic of Azerbaijan ratified the Geneva Conventions in 1993, which establish international legal standards on the treatment of civilians, prisoners of war (POWs), and soldiers who are otherwise rendered incapable of fighting;

Whereas Common Article 3 of the Geneva Conventions prohibits, among other violations, ‘‘mutilation, cruel treatment, and torture . . . [and] outrages upon personal dignity, in particular, humiliating and degrading treatment’’;

Whereas grave breaches of the 1949 Geneva Conventions constitute war crimes under both United States law and the Rome Statute, including willful killing and extrajudicial executions, torture, inhumane treatment, causing great suffering or serious injury to body or health, unlawful deportation or confinement, and hostage-taking;

Whereas, on September 13, 2022, the Republic of Azerbaijan launched an unprovoked and illegal attack against the sovereign territory of the Republic of Armenia;

Whereas this attack followed a large-scale, unprovoked invasion of the Nagorno-Karabakh region by Azerbaijan in October 2020;

Whereas, on September 28, 2020, Azerbaijani forces conducted a targeted attack on an Armenian military ambulance in which assailants shot and killed a military doctor;

Whereas, on October 14, 2020, Azerbaijani rocket artillery struck the Martakert Military Hospital in an ‘‘apparently deliberate’’ attack, according to Human Rights Watch, in which the nearest military target was over 1.5 kilometers away, and the rocket’s satellite guidance capability ensures accuracy within 10 meters;

Whereas, on October 28, 2020, an Azerbaijani artillery rocket struck the maternity ward of the Republican Medical Center, causing extensive damage;

Whereas the targeting of both military and civilian medical facilities and workers is a violation of international humanitarian law;

Whereas, in October 2020, video footage authenticated by nongovernmental organizations including Amnesty International showed Azerbaijani soldiers decapitating 2 civilians on 2 separate occasions while they were bound or pinned to the ground;

Whereas, in October 2020, Azerbaijan’s Armed Forces used white phosphorus munitions, prohibited under the Geneva Conventions, causing severe burns and the deaths of civilians;

Whereas firsthand accounts have confirmed the torture and extrajudicial killing of Armenian POWs and captured civilians held illegally under Azerbaijani detention;

Whereas, since October 2020, Azerbaijan has illegally detained over 100 POWs and captured civilians in violation of the November 9, 2020, tripartite agreement, in which Azerbaijan committed to repatriating all POWs and captured civilians;

Whereas, as of September 20, 2022, Azerbaijani forces have captured at least 20 additional servicemen and 3 civilian POWs;

Whereas Article 15 of the first Geneva Convention of 1949 directs parties to a conflict to ‘‘take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled’’;

Whereas, on September 16, 2022, Armenia’s Chief of Staff of the Army verified disturbing video footage showing the mutilation and desecration of a female servicemember’s body by Azerbaijani soldiers;

Whereas video footage recorded in September 2022 depicted a captured Armenian soldier receiving treatment for a shoulder wound, whose body was later returned to the Armenian Government, suggesting that he was killed in captivity;

Whereas Azerbaijan has directly targeted Armenian cultural sites as a means of further disenfranchising the Armenian people by eliminating their cultural existence;

Whereas Armenia and Azerbaijan are states parties to the Second Protocol of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, adopted in 1991, which reads, ‘‘The Parties to a conflict shall ensure the immunity of cultural property under enhanced protection by refraining from making such property the object of attack or from any use of the property or its immediate surroundings in support of military action’’;

Whereas Article 53 of Additional Protocol I to the Geneva Conventions prohibits committing any ‘‘acts of hostility directed against the historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples’’;

Whereas, on October 8, 2020, Azerbaijan’s forces twice shelled the 19th-century Ghazanchetsots (Holy Saviour) Cathedral in Shushi, a culturally and religiously significant building of the Armenian Apostolic Church, causing extensive damage;

Whereas a report issued by Human Rights Watch on December 16, 2020, found that the attack ‘‘appear[ed] to be a deliberate targeting in violation of the laws of war’’, and its analysis of weapon remnants found at the scene of the strike were ‘‘consistent with a munition capable of being accurately directed at a specific target’’;

Whereas a report issued on May 12, 2021, by the United States Commission on International Religious Freedom recommended placing Azerbaijan on the Department of State’s Special Watch List for engaging in or tolerating severe violations of religious freedom pursuant to the International Religious Freedom Act of 1998 (22 U.S.C. 6401 et seq.), in part due to ‘‘recent violations committed amid renewed conflict over Nagorno-Karabakh and sur-rounding territories’’, and raised serious concerns over the preservation of Armenian places of worship, cemeteries, and other religious and cultural heritage sites in the region;

Whereas, on September 16, 2021, the Republic of Armenia initiated proceedings before the International Court of Justice alleging violations of the International Convention on the Elimination of Racial Discrimination, to which both the Republic of Armenia and the Republic of Azerbaijan are party;

Whereas international humanitarian law requires parties to a conflict to distinguish between civilian and military objects, and violations of the laws of war committed with criminal intent, either intentionally or through reckless action, can constitute war crimes;

Whereas the United States serves as a co-chair of the Organization for Security and Co-operation in Europe Minsk Group, along with France and Russia, and is committed to sustainable, long-term peace in the region; and

Whereas both Azerbaijan and Armenia are North Atlantic Treaty Organization (NATO) Partnership for Peace countries, and have committed to increase stability, diminish threats to peace, and build strengthened security relationships among NATO and nonmember countries in the Euro-Atlantic area: Now, therefore, be it

Resolved, That the House of Representatives—

(1) condemns Azerbaijan’s destabilizing actions, including the commission of war crimes, which have severely undermined the international rule of law;

(2) encourages the United States Government and international community to petition the International Court of Justice, the European Court of Human Rights, or other appropriate international tribunals to take appropriate steps to investigate any and all war crimes committed by the Azerbaijani forces at the direction of President Ilham Aliyev;

(3) calls on Azerbaijan to immediately investigate all grave violations of the Geneva Conventions perpetrated by Azerbaijani service members against Armenian service members and civilians;

(4) condemns the intentional or reckless destruction, vandalization, or desecration of all Armenian cultural and religious heritage sites;

(5) reaffirms the United States strong support for Common Article 3 of the 1949 Geneva Convention, to which the United States is party, as well as the nontreaty-based law and longstanding norms outlined in the Geneva Protocol I and 1899 and 1907 Hague Conventions;

(6) encourages the Biden administration to explore the applicability of sanctions on Azerbaijan in response to its aggression and potential war crimes; and

(7) reaffirms its support of United States democratic partner Armenia’s sovereignty and territorial integrity, as well as that of the Republic of Artsakh, and against Azerbaijan’s military aggression and blatant violations of international laws and norms.

US House Speaker Nancy Pelosi and Armenian Prime Minister Nikol Pashinyan, September 18, 2022

It has been a volatile period of highs and lows in Armenia in the last week. What began as another horrific example of Azerbaijani barbarism with a unilateral attack on several eastern fronts ended with an American delegation led by Speaker of the House Nancy Pelosi visiting this past weekend. The group included long-time advocates on Armenian issues Congresswoman Anna Eshoo and Jackie Speier (of Armenian descent) and Armenian Caucus co-chair Frank Pallone. The official visit by Pelosi was the highest-ranking American government representative in the history of Armenia’s independence. In order to fully appreciate the significance of this itinerary, it is necessary for us to set aside our partisan American political views and our natural tendency toward cynicism. As Americans, we are living in an almost unprecedented political divide that has pre-judgment at an all-time high. Our opinions tend to line up with parties rather than the issues themselves. As a result, there are Armenian Americans who agree with the Speaker, and there are those who don’t. The vast majority of these opinions are based on internal domestic matters and are frankly irrelevant to the Speaker’s outreach to Armenia. As Armenians, we should be happy that a high-ranking American official took very definitive public positions in support of Armenia. We should focus on those values for Armenia. With years of disappointment by world powers, a cultural cynicism has emerged in our communities. We have almost purged the phrases “benefit of the doubt” or “good faith” from our thinking. Our expectations have been inflated with frustration so that in the absence of immediate quantum improvements, we lack faith. We must accept things at face value and judge actions on results. When the activity does not produce the desired results, we should double down with resolve rather than letting our cynicism create distance. I have heard community members say, “What can Pelosi do for Armenia?” or “She is just increasing her profile before the midterms.” Whether we refer to it as naivety or negativity, we should consider a more politically astute approach. Speaker Pelosi is the third most powerful politician in America after the President and Vice President. She has significant Constitutionally-based authority. Regardless of whether you support her or not, she is a very experienced and astute politician with important leverage.

Let’s keep one thing in mind. Speaker Pelosi did not have to go to Armenia. Armenia is important to us, but in the context of world issues, it is less significant. In our greedy world of self interest, Armenia has little to offer. Recently, Pelosi has increased her public profile on US foreign policy. Her courageous trip to Taiwan was an important message to China without creating excessive international drama. Her visit to Armenia continues work on the so-called “Biden doctrine,” which is focused on preserving democracies and human rights. It is naïve for us to think that Pelosi’s visit is without personal benefit. With the midterm elections approaching and the speaker’s continuity dependent on her party retaining a majority, focusing on foreign policy is a less divisive way to display leadership. That is okay. It’s called politics, and our interests should be in the benefit of Armenia. If the speaker gains additional advantages domestically from her foreign policy work, this is the power of incumbency in our system. It is why the parties work so diligently for control of the House or Senate. It enables control of the agenda and the narrative. Speaker Pelosi had a substantive and very public itinerary over her two-day visit. She was fully briefed on the Azeri crimes, met with civil society, addressed the country and received a firsthand view of the state of Armenian democracy in stark contrast to the rogue barbaric regime on the eastern border. The visit was unprecedented, but what follows is more important. Will this lead to a deeper involvement of the United States in the security of Armenia either directly or through the dormant OSCE Minsk process?

The geopolitical currents in the region are very dynamic. When the Armenians were attacked, they immediately applied to the Russian-led CSTO for military support based on the mutual defense pact. Instead of sending troops or equipment, the CSTO chose to send a fact-finding mission to collect information. The Secretary General of the CSTO Stanislav Zas is expected to arrive shortly with a delegation to gather information  and report back to the organization. Aside from grossly disappointing Armenia, it has contributed to a widening void with Russia’s preoccupation in Ukraine. Russia is the power behind any move by the CSTO. Putin either does not feel he can extend himself militarily with the war of attrition in the Ukraine, or he believes the instability serves his interests. Either way, it makes a mockery of the Mutual Defense Pact and will only further estrange Armenia from Russia. If your very survival is at risk and they fail to honor the defense agreement with a fact-finding tour, doubts enter the thinking of the victim nation. The Russian intransigence has created a void which may be an opportunity for Armenia. The United States senses this opening, and clearly Pelosi’s visit is connected to this opportunity. The Russians and Europeans seem to be competing for the leadership of negotiating the Azeri/Armenia “peace” treaty with both Russian and European sponsored meetings. France was the leader behind scheduling two UN Security Council meetings on the Azeri aggression. It was just reported that Secretary of State Antony Blinken met with the foreign ministers of Armenia and Azerbaijan in New York. The public results were modest. We should view these meetings as a chess move with the United States declaring its presence to both Russia and Azerbaijan. It is also a message to Turkey which is the control behind any move by Azerbaijan. The absence of Russian/Western relations due to the Ukrainian war has also complicated the situation with absence of the OSCE Minsk Group deliberations, but has also created new avenues for France and the United States. We should be cautiously encouraged by the assertion of the United States this past week. Armenia has responded positively to these parallel requests with enthusiasm, but it will be their responsibility to protect Armenia’s self interest and take advantage of these opportunities. This is no small task with an unpredictable wounded Russia.

The Russian attempt to unilaterally control the Armenia/Artsakh/Azeri process after the 2020 war by shutting out the other parties (France and US) has created an interesting new reality. The Pelosi visit should be viewed in the context of these overarching geo-political dynamics. It is in the interest of Armenia and Artsakh for Diasporan Armenians to understand these background maneuvers and put aside domestic partisan views. The flurry of activities in the aftermath of the current Azeri aggression is in stark contrast to the 2020 war when Armenia was isolated and completely dependent on Russia. Russia brokered a ceasefire during that time but also dictated the November agreement and allowed the war to continue until Shushi was captured. Defeat is one thing; humiliation is another. 

In the world of politics and global power competition, the smaller nations are always the vehicle for the manipulations. The war in Ukraine is a proxy war in that regard. For Armenia, as one door closes, another one opens. The next steps are the most critical. Will the United States presence in Armenia and the meeting in New York lead to cutting off aid to Azerbaijan under Section 907? This is the next logical step. The eyes of Armenians around the world, particularly in the United States, are focused on that decision. Sanctioning the criminal aggressor would be the next step in Armenia’s expectation. We would hope, in a best case scenario, that the active role of the western nations would motivate a more cooperative Russia. It is unlikely that the Azeri attacks could happen without some level of at least neutrality from Russia. Altering that position is essential to the security of Armenia. Iran has made it intimately clear to both Azerbaijan and Turkey that they will not tolerate any border or sovereignty violations within Armenia as it relates to Iran. These are all opportunities for Armenia. The world was ambivalent when Artsakh was brutally attacked because they could rationalize it given the unrecognized status of Artsakh. A poor excuse from a human rights and self-determination perspective, but nevertheless, was instrumental in their thinking. Russia refused to invoke the mutual defense pact because it covers Armenia and not Artsakh. There is a perception that Azerbaijan may have overextended itself diplomatically with the brazen attacks on the sovereignty of Armenia. The overt statements of support by France, the US and others are almost unprecedented. The diplomatic momentum that has been attained through Armenia’s misfortune must evolve into deterrent actions against Azerbaijan. This must be the immediate objective to protect Armenia’s security and improve our diplomatic position. Once again, we pray for the souls of our lost heroes and that they were not sacrificed in vain.