Jewish News Syndicate By Eran Lerman Oct. 21, 2021 [The implications of Iranian pressure on Baku extend well beyond the southern Caucasus, but Israel must tread carefully in this complex region.] October 21, 2021 / Jerusalem Institute for Strategy and Security) The extensive Iranian military maneuvers near Azerbaijan’s borders at the end of September were designed to intimidate the leadership in Baku, to deter it from curbing Iran’s illegal trade with Armenia and to force Azerbaijan to downgrade the country’s strategic relationship with Israel. In response, Israel should be careful not to make any commitments that cannot be fulfilled. However, Israel should alert Russia and others of the consequences to Iran of such threatening behavior. The roots of Azeri-Iranian tensions Iran’s hostility towards Azerbaijan began long before the latest crisis erupted. The tensions go back to the latter’s emergence as an independent nation (after the disintegration of the Soviet Union in 1991) and the fear in Tehran that this might revive Azeri nationalism within Iran’s borders. This fear was (and to some extent still is) fed by memories of the period during and immediately after World War Two, when Iran was carved into British and Soviet occupation zones. The Soviets turned Iran’s northern regions into two autonomous Marxist national republics—one Azeri and the other Kurdish. The Soviet Union hoped to enshrine their independence (as Soviet dependencies) even after the war ended. It was only when the Truman administration sternly warned Stalin (backed by its nuclear monopoly, at the time) of the consequences that Stalin backed down and retreated from Iran. A significant part of Iran’s population (often estimated at above 20 percent) has Azeri roots (as does Iranian Supreme Leader Ali Khamenei). In northwestern Iran there are still occasional expressions of separatist sentiment, salient enough to warrant close surveillance and repression by the Iranian authorities. Moreover, in the first round of the war over the Nagorno Karabakh province (or Artzach, as the Armenians call it), Tehran supported Armenian Christian forces against the Azeris. The latter are Muslims, and indeed some 60 percent or more of them are Shi’ites. However, their tolerant and liberal interpretation of Islam does not sit well with that of the mullah-based regime in Iran. The Azeris lost a significant part of their territory in the first Nagorno-Karabakh war against Armenia. This was a war for control of a province largely populated by Armenians but annexed in the Soviet era to Azerbaijan. The struggle began even before the Soviet collapse and escalated into full-scale confrontation in 1993-1994. Following their defeat, Azeri leadership under Gaidar Aliev (father of the current president) turned to Israel for help. This resulted in a well-established relationship (although Azerbaijan has yet to open an embassy in Israel). After the second Nagorno-Karabakh War in 2020, in which the tables were turned, much was made of Israel’s role (alongside that of Turkey) in changing the balance of power. This, in turn, fed Iranian suspicion and resentment, which also is based on Iran’s interpretation of the Israeli operational intelligence presence in Azerbaijan in recent years. Iran’s campaign of intimidation The Iranian military’s large-scale exercise last month near the border with Azerbaijan was perceived in Baku as an act of intimidation, and this was confirmed by the statements coming out of Iran. Tehran cast doubt on Aliyev’s political maturity (as compared with his late, highly experienced father); muttered darkly about “foreign influences” in Baku; and openly threatened to attack if such “influences” (i.e., the Israeli presence in Azerbaijan) persist. Adding to the sense of crisis was the recent decision by Azerbaijan to end the smuggling of oil from Iran to Armenia in falsely identified vehicles, activity which violates Western sanctions against Iran. This may well have been interpreted in Tehran as a provocation, possibly instigated by “external influences”—and thus as one more reason to bring pressure to bear on Baku. However, this alone is insufficient reason for such dramatic measures by Iran. The overt flexing of Iran’s muscles is indeed part of a broader pattern. Iran engages widely in violence by proxy, via the Houthis in Yemen, Hezbollah in Lebanon and Palestinian Islamic Jihad in Gaza. Occasionally it also acts directly, as in this case. As tensions rise over Iran’s nuclear program, Tehran apparently hopes to intimidate countries in the region and warn them against offering any assistance to Israel and other forces aligned against the Iranian regime. Ultimately, Iran seeks to frustrate what they suspect to be Israel’s plans and to deter Israeli leadership from acting against Iran. Thus, the implications of Iranian pressure on Azerbaijan extend well beyond the confines of the southern Caucasus. It adds to a growing list of points of friction where the Iranian regime is overtly seeking to test the limits of international, Western and ultimately Israeli (and Arab) responses. What can be done? Israel must tread carefully in this complex region, where ancient hatreds often dominate. Overt statements should be avoided. While the existing understandings with the Azeri government should be upheld and discreet intelligence sharing should continue, it would be unwise for Israel to make any commitments that cannot be realized, and which may exacerbate regional tensions. At the same time, at the diplomatic level and as part of a broader discussion on Iran’s intentions and actions, Israel cannot ignore the Iranian pattern of intimidation. This should be one of the focal points in Israel’s ongoing effort to alert the U.S. administration and its Western allies to the escalating danger inherent in leaving Iranian actions unanswered. Moreover, the West is not the only relevant interlocutor. Russia, with which Israel has open and effective channels of communication, may have its own issues with the Azeri leadership. Russia is not likely to view with equanimity a foreign power threatening military action against any part of what the Russians refer to as the “near abroad” (meaning, the former Soviet space). Nor will Turkey, which offered Azerbaijan active support in the war of 2020, accept Iranian aggressive behavior. With all necessary caution, this is a point to be raised in the context of Turkey’s attempt to patch up relations with key Arab players who share Israel’s concerns about Iran. Ultimately, Iran is unlikely to risk a confrontation with a well-armed neighbor, in difficult terrain and with unforeseeable consequences. But the way Tehran now uses military intimidation, as well as terror by proxy and other means of threatening regional players, must become a factor in the formulation of Western policy towards Iran in this decisive period. * IDF Col. (res) Eram Lerman is vice president of the Jerusalem Institute for Strategic Studies. He was deputy director for foreign policy and international affairs at the National Security Council in the Israeli Prime Minister’s Office. He held senior posts in IDF Military Intelligence for more than 20 years and teaches in the Middle East Studies program at Shalem College in Jerusalem. This article was first published by the Jerusalem Institute for Strategic Studies.
Category: 2021
Why is the road to The Hague accessible to Armenia/Azerbaijan but not to Cyprus/Turkey?
Oct 24 2021
In practice, some of the main roads to justice pass through The Hague.
On the one hand, The Hague is synonymous with key instruments of international humanitarian law. These include the 1899 Hague Conventions with Respect to the Laws and Customs of War, the 1907 Hague Regulations annexed to the 1899 Conventions and the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict.
On the other hand, The Hague is where the International Court of Justice (ICJ) was established in 1945, where the onetime International Criminal Tribunal for the former Yugoslavia (ICTY) was established in 1993 and where the International Criminal Court (ICC) was established in 2002.
To my frustration, however, the 1899 Hague Conventions, the 1907 Hague Regulations and the 1954 Convention have all been flouted in Turkish-occupied Famagusta and in so many other parts of Cyprus. Just as frustratingly, Turkey, the main perpetrator of injustice in Cyprus, has tried to block the road to justice via The Hague.
Unlike Cyprus and 72 other states, Turkey has failed to make any declaration recognizing the compulsory jurisdiction of the International Court of Justice (ICJ) established in The Hague in 1945.
Furthermore, unlike Cyprus and 122 other states, Turkey has not become a state party to the 1998 Rome Statute which established the International Criminal Court (ICC) in The Hague in 2002; Turkey has not even signed the Statute.
As for the UN Security Council, despite establishing the ICTY in The Hague, it has failed to create any similar international criminal tribunal in either The Hague or elsewhere to deal with the countless unpunished international crimes committed in Cyprus.
It was in this climate of impunity that I have undertaken voluntary work to repatriate some of the thousands of icons, frescoes and other cultural artefacts which have been looted and illegally exported from the occupied area of Cyprus before being “sold” on the international market. This work has exposed me to a timeless truth: if law enforcement officers have the will to enforce the law through the courts, it is possible to provide a measure of justice to my homeland, even if this is limited to the retrieval and return of stolen artefacts.
During his tenure, Chrysostomos I, the late Archbishop of the autocephalous Greek Orthodox Christian Church of Cyprus, trusted me enough to supply me with the very best lawyers worldwide to work as advisors. Together, we ensured that the repatriation of cultural artefacts followed civil litigation, criminal proceedings or an appropriate method of alternative dispute resolution but NEVER through the purchase of looted items.
An example of a successful outcome is the one brought about by the protracted Lans case in the Netherlands. The case eventually resulted in the Dutch authorities recovering four 16th Century icons taken from the wooden iconostasis of the Monastery of Antiphonitis in Turkish-occupied Kyrenia District. The four icons were duly returned to Cyprus with the happy news announced during an international conference organized in September 2013 by Walk of Truth, the not-for-profit foundation instituted by me in The Hague. As a gesture of respect for my work, the Peace Palace in The Hague was made available for this purpose.
For me, this was a bitter-sweet moment. I was, of course, honored to have my work recognized by a conference held in the Peace Palace. In the words of the Carnegie Foundation, its custodian, the Peace Palace is not only “the worldwide icon” of the notion of “Peace through Law”. The Peace Palace is also a “temple of peace” which houses the Permanent Court of Arbitration and the ICJ. Nevertheless, despite the recovery of four icons, my home country of Cyprus and birthplace of Famagusta continued – and continues – to face ongoing injustice. Indeed, in 2014, just a few months after the conference held in The Hague, the injustice deepened when Prime Minister Erdogan transformed himself into President Erdogan and, in that way, tightened his authoritarian hold over Turkey and the Turkish-occupied north of Cyprus. Since 2014, the cruelties inflicted by the Erdogan regime have worsened and the injustice has deepened even more.
Unsurprisingly, Turkey has gone to great lengths to obstruct almost every road to justice in The Hague. On 30 September 2021, I was given a fresh reminder of this when the ICJ in The Hague issued a press release confirming that the ICJ, “the principal judicial organ of the United Nations”, would “hold public hearings in the case concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Azerbaijan v. Armenia) on Monday 18 and Tuesday 19 October 2021, at the Peace Palace in The Hague, the seat of the Court.”
The International Criminal Court building in The Hague, Netherlands
At the heart of this new case is the 1965 International Convention on the Elimination of All Forms of Racial Discrimination (CERD), to which Azerbaijan and Armenia are state parties. Article 1.1 of the CERD defines “racial discrimination” as “any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.”
Under Article 2.1(a) of the CERD, every state party “undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation”.
When, in 1974, I and so many other citizens of Cyprus were forced out of our homes and thereby stripped of our human dignity, were we persecuted because of our national or ethnic origin? After 1974, were we de facto excluded from our homes for the same discriminatory reason? In other words, did we become – and do remain – the victims of discrimination and inequality caused by blatant violations of the CERD for which Turkey is responsible and for which Turkey should be held to account? If so, should the CERD be enforced so that every one of us can claim our legal rights, including those guaranteed by Article 5 such as the right “to freedom of movement and residence within the border of the State”, the right “to own property alone as well as in association with others” and the right “to inherit”?
Since 1974, these and so many other questions should have been referred to one or more courts in The Hague. Yet, even in relation to the CERD, the road to The Hague has been blocked by Turkey. Whereas Cyprus signed the CERD in 1965 and became a state party in 1967, Turkey signed in 1972 but did not ratify until 2002. Crucially, when Turkey ratified the CERD, it did so subject to an unusual “declaration” which Cyprus, Sweden and the UK interpreted as a “reservation”.
Below is the Turkish “declaration”, as published by the UN:
“The Republic of Turkey declares that it will implement the provisions of this Convention only to the States Parties with which it has diplomatic relations. The Republic of Turkey declares that this Convention is ratified exclusively with regard to the national territory where the Constitution and the legal and administrative order of the Republic of Turkey are applied. The Republic of Turkey does not consider itself bound by Article 22 of this Convention [under which ‘Any dispute between two or more States Parties with respect to the interpretation or application of this Convention, which is not settled by negotiation or by the procedures expressly provided for in this Convention, shall, at the request of any of the parties to the dispute, be referred to the International Court of Justice for decision, unless the disputants agree to another mode of settlement’]. The explicit consent of the Republic of Turkey is necessary in each individual case before any dispute to which the Republic of Turkey is party concerning the interpretation or application of this Convention may be referred to the International Court of Justice.”
It is not difficult to see through this “declaration”. It has clearly been designed to achieve three dubious aims. One is to prevent Turkey from having to apply the CERD to Cyprus, with which it has not had any diplomatic relations since 1974. The second is to prevent Turkey from having to apply the CERD to the Turkish-occupied north of Cyprus. The third is to give Turkey a veto in response to any attempt to use the CERD as the basis of legal proceedings in the ICJ in The Hague. The end result is yet more discrimination, inequality and injustice.
In view of the above, I respectfully call upon the Government of Cyprus, the EU and the UN to answer the questions I have raised above. I also call upon each of them to answer a number of additional questions. What has each done to push Turkey into complying fully with the CERD? What has each done to protect my rights – and those of so many other victims of discrimination – under the CERD? What has each done to hold Turkey to account for its multiple ongoing violations of the CERD? What has each done to unblock – or to find a way around – the road to justice in The Hague? Put another way, what has each done to fulfil the vision of Erasmus by ensuring that justice “restrains bloodshed, punishes guilt, defends possessions and keeps people safe from oppression”?
I end with a personal plea addressed to the Prime Minister of my adopted country, the Netherlands, which has given me so much over the years.
Dear Prime Minister Mark Rutte,
Will you and the Government of the Netherlands please request the Government of Cyprus, the EU and the UN to answer the questions I have raised above? Will you please take all other necessary steps to champion the twin causes of peace and justice – for the sake of Cyprus, Europe and the whole of humanity? And will you please sponsor any necessary changes to Dutch legislation to enable these noble causes to be achieved in practice? If so, you will honor the memory of Erasmus and enhance the good name of my adopted city, The Hague, where I live so happily as a Dutch national with my family.
Yours sincerely
Tasoula Hadjitofi
Tasoula Hadjitofi is a human rights advocate and cultural campaigner whose expertise is cultural heritage preservation. She’s the founding president of the Walk of Truth and the author of the 2017 book “The Icon Hunter”.
Iranian trade delegations visit Armenia seeking expansion of ties
Tehran Times, Iran
Oct 24 2021
– 12:5
TEHRAN – Two Iranian trade delegations have visited Armenia over the past month to explore avenues of mutual cooperation in various areas including plastic, polymers, agriculture, and foodstuff with Armenian counterparts, Iran’s commercial attaché in Yerevan announced.
“During their visit, the delegations examined the export potentials and barriers to trade cooperation between the two countries,” IRNA quoted Akbar Godari as saying on Friday.
According to the official, one of the mentioned delegations was comprised of businessmen and traders active in the polymer and plastics industry while the other one was mainly focused on agriculture and foodstuff areas.
During their visit, the polymer and plastics delegation met with the Iranian Ambassador to Yerevan, Abbas Badakhshan Zohuri, to discuss geopolitical issues, the importance of the Armenian market, the country’s trade-related laws and regulations, as well as issues related to mutual coproduction, Godari said.
“Chairman of Iran-Armenia Joint Chamber of Commerce Hervik Yarijanian, in a meeting with the Iranian delegation, emphasized the development of trade between the two countries and noted that the existing obstacles are hindering the growth and development of mutual exports and trade,” he added.
One of the requests of the businessmen in the meeting with Yarijanian was to exchange trade delegations while holding exhibitions in Iran, Godari said.
The agriculture and foodstuff delegation also met with the Iranian ambassador in Yerevan and also held talks with Yarijanian.
During their visit, they also visited some of Armenia’s major markets and held B2B meetings with their Armenian counterparts.
Earlier, Yarijanian had said that Iran-Armenia trade has fluctuated up to $500 million in recent years.
“By launching Moghri free zone in Armenia, next to the Aras free zone in Iran, the volume of exchanges between the two countries can be increased,” he stressed.
According to the official, the trade between the two countries can be increased to over $1.2 billion in less than a year.
EF/MA
Sports: “Armenian Sniper” Gary Chivichyan drafted into NBA G League
Public Radio of Armenia
Oct 24 2021
“Armenian Sniper” Gary Chivichyan has been drafted into the NBA G League, Zartonk Media reports.
The LA born player was drafted by the Lakeland Magic in the second round with the seventh pick of the draft.
The Lakeland Magic is the NBA G League developmental affiliate of the NBA’s Orland Magic. Based in Lakeland, Florida, the team began play in the 2017–18 season and plays their home games at the RP Funding Center.
In June 2020, Chivichyan broke the news as he was a nominee for the ESPYS 2020 Honorary Outstanding Senior award, becoming the first Armenian nominee in the history of the ESPYS awards.
“Growing up, I always had a chip on my shoulder and I always believed I would achieve great things for myself and my heritage…I always aspire to be a leader for my community and a role model for the Armenian youth….I put in a lot of work to get the results I have today,” said Chivichyan when asked about his involvement in the Armenian community.“
“Philippians 4:13: I can do all this through him who gives me strength” Because of HIM I can! Turn your eyes to the LORD, the almighty God, because of HIM I am here today to glorify his power. Through HIM all things are possible. Today, history was made for Armenia. God bless you all,” Chivichyan said on Instagram.
Chivichyan joins Andre Spight Mkrtchyan, A.J Hess, and Ryan Boatright as the only 4 Armenian National Basketball team players to play in the NBA G League.
Sports: EUBC: Armenia wins third place with 2 gold medals, 2 silver medals and 1 bronze medal
News.am, Armenia
Oct 24 2021
Armenia ended the EUBC Youth European Boxing Championships in Budva with 2 gold medals, 2 silver medals and 1 bronze medal and won third place as a team, as reported on the Facebook page of the Armenian Boxing Federation.
Henrik Tchghrikyan (86 kg) also scored the champion title. Tchghrikyan, who is a student of the boxing school in Gyumri, scored an impressive victory over Czech boxer David Polak in the final and knocked him out in the third round.
Henry Sahakyan (51 kg) also became a champion. Elida Kocharyan (60 kg) and Manvel Petrosyan (57 kg) scored silver medals, while Erik Israelyan (60 kg) scored the bronze medal.
Armenia defense minister, Red Cross delegation discuss missing persons as result of both Artsakh wars
News.am, Armenia
Oct 24 2021
18:08, 23.10.2021
YEREVAN. – Armenian Minister of Defense Arshak Karapetyan on Friday received a delegation led by vice president Gilles Carbonnier of the International Committee of the Red Cross (ICRC), reported the Ministry of Defense of Armenia..
The parties discussed bilateral cooperation, and the issue of missing persons as a result of the first and second Artsakh (Nagorno-Karabakh) wars.
The Armenian defense minister highlighted the need for the immediate return of all Armenian servicemen taken prisoner and civilians detained by Azerbaijan as a result of the hostilities, and the need to consider this matter solely within the humanitarian domain.
Also, Karapetyan lauded the ICRC’s efforts, while emphasizing the coordinated work of the Red Cross offices to ensure regular visits to captives and their correspondence with their families.
Carbonnier, in turn, noted that the ICRC is continuing its efforts to address the abovementioned issues, and stressed that the Geneva Conventions guarantee the protection of the rights of prisoners of war, and the right to respect their honor and dignity.
2,354 new cases of COVID-19 confirmed in Armenia
News.am, Armenia
Oct 24 2021
11:30, 24.10.2021
As of Sunday morning, 2,354 new cases of the coronavirus were confirmed in Armenia, and the total number of these cases has reached 295,368 in the country, Armenian News-NEWS.am has learned from the Ministry of Health of Armenia.
Also, 38 more deaths from COVID-19 were registered, making the respective total 6,013 cases.
Two more cases of coronavirus patients dying from some other illnesses were recorded in Armenia in the past one day, and the corresponding overall death toll in the country is 1,258 now.
The number of people who have recovered over the past one day is 1,026, the total respective number so far is 260,731, and the number of people currently being treated is 27,366.
And 16,915 COVID-19 tests were conducted in Armenia over the past one day, while 1,992,595 such tests have been performed to date.
47 new cases of COVID-19 reported in Artsakh, 14 patients are in critical condition
News.am, Armenia
Oct 24 2021
13:19, 24.10.2021
A total of 142 COVID-19 tests were conducted Saturday in Artsakh (Nagorno-Karabakh), and from which 47 new cases of the coronavirus were confirmed, Armenian News-NEWS.am has learned from the Artsakh Ministry of Health.
At present, 105 people are receiving inpatient treatment in Artsakh for COVID-19, and doctors say 14 patients are in critical condition, while 52 others, including young people—in severe condition.
A total of 15,637 coronavirus tests have been conducted in Artsakh so far this year, and the results of 1,641 of them have come back positive.
Armenia opposition to hold rallies on Nov. 9 and 10
News.am, Armenia
Oct 24 2021
20:37, 24.10.2021
The Armenian opposition is resuming its anti-government demonstrations.
Representative of the Supreme Body of the Armenian Revolutionary Federation-Dashnaktsutyun political party Ishkhan Saghatelyan has informed Yerevan Municipality about the political party’s intention to hold rallies at Freedom Square on November 9 and 10 between 6 p.m. and 8:30 p.m.
Yerevan Municipality today made an announcement stating that it has taken note of the intention.
How Armenians of Cyprus greeted Armenia Parliament Speaker Alen Simonyan
News.am, Armenia
Oct 24 2021
20:33, 24.10.2021
Cypriot-Armenian Hagop Manoogian posted on his social network page a video showing how the delegation led by Speaker of the National Assembly of Armenia Alen Simonyan as greeted in Cyprus, Yerkir.am reports.
“Traitors!” “Murderers of Armenians!” “ We don’t want to see you here” — these are the words and the phrase that were changed when Alen Simonyan got out of the car.
The Cypriot-Armenians also held posters condemning Pashinyan’s regime.
Watch the video for details.