Artsakh President holds call with ex-ICC prosecutor after expert opinion concludes Azerbaijan is committing genocide

 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.

 

  1. 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.

 

  1. 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”.

Representatives of US Senate Foreign Relations Committee staff visit Armenian Genocide Memorial

 16:22, 9 August 2023

YEREVAN, AUGUST 9, ARMENPRESS. United States Senate Foreign Relations Committee staffers Sarah Arkin and Damian Murphy visited the Armenian Genocide Memorial on August 9.

Sarah Arkins and Damian Murphy laid a wreath at the memorial and flowers at the Eternal Flame and observed a minute of silence in memory of the Armenian Genocide victims, the Armenian Genocide Museum-Institute said in a press release.

The Director of the Armenian Genocide Museum-Institute Harutyun Marutyan presented the history of the Memory Alley to the guests and noted that the first tree dates back to 1997, and it was planted by the US Senator Robert Dole in memory of Hambar Kelekyan, an Armenian-American surgeon who survived the Armenian Genocide. He then presented the story of the three khachkars placed at Tsitsernakaberd in memory of the Armenians who died in the massacres organized by the Azerbaijani government in the cities of Sumgait, Kirovabad (Gandzak) and Baku at the end of the 20th century, as well as the stories of the five freedom fighters buried in front of Hushapat during the Artsakh struggle of survival— stressing that the events were the continuation of the Armenian Genocide.

Sarah Arkins and Damian Murphy arrived in Armenia at the instructions of Robert Menendez, the Chairman of the US Senate Foreign Relations Committee.

Deputy Speaker Rubinyan presents NK situation to Ambassador of Estonia

 16:58, 9 August 2023

YEREVAN, AUGUST 9, ARMENPRESS. On August 9, Deputy Speaker of Parliament Ruben Rubinyan, received the Ambassador of Estonia Riina Kaljurand.

During the meeting the parties discussed issues related to regional developments, the Parliament’s press service said in a readout.

Ruben Rubinyan presented the situation created in Nagorno-Karabakh as a result of the illegal blockade of the Lachin Corridor by Azerbaijan and the deepening humanitarian crisis. The Deputy Speaker of the Parliament emphasized the need for international partners to take clear steps to prevent ethnic cleansing in Nagorno-Karabakh.

At the ambassador’s request, Ruben Rubinyan also referred to the process of regulating Armenia-Turkey relations.

Central Bank of Armenia: exchange rates and prices of precious metals – 09-08-23

 17:11, 9 August 2023

YEREVAN, 9 AUGUST, ARMENPRESS. The Central Bank of Armenia informs “Armenpress” that today, 9 August, USD exchange rate down by 0.39 drams to 386.07 drams. EUR exchange rate up by 0.46 drams to 423.75 drams. Russian Ruble exchange rate down by 0.07 drams to 3.96 drams. GBP exchange rate up by 0.16 drams to 491.70 drams.

The Central Bank has set the following prices for precious metals.

Gold price down by 90.01 drams to 23911.32 drams. Silver price down by 4.70 drams to 285.98 drams.

Greek Foreign Minister briefed on deepening humanitarian crisis in Nagorno-Karabakh

 17:14, 9 August 2023

YEREVAN, AUGUST 9, ARMENPRESS. On August 9, Minister of Foreign Affairs of Armenia Ararat Mirzoyan had a telephone conversation with Minister of Foreign Affairs of Greece George Gerapetritis.

Minister Mirzoyan briefed his colleague on the deepening humanitarian crisis in Nagorno-Karabakh resulting from Azerbaijan’s illegal blockade of the Lachin corridor, stressing the importance of clear messages from the EU member states and the implementation of concrete steps, the ministry said in a readout.

Minister Mirzoyan emphasized that since June 15, Nagorno-Karabakh has been under a complete blockade, as a result the problem of supplying food, medicine and other essentials to the local population has greatly worsened. Ararat Mirzoyan noted that Azerbaijan, in violation of all norms of international humanitarian law, also disrupts the humanitarian activities of the International Committee of the Red Cross, the only international humanitarian organization with access to Nagorno-Karabakh, endangering the lives of people in need of urgent medical assistance. Minister Mirzoyan added that in case of minimal possibility of transfer from Nagorno-Karabakh to Armenia for medical treatment, accompanied by the ICRC, Azerbaijan carries out unacceptable acts of intimidation such as the abduction of Nagorno-Karabakh resident Vagif Khachatryan by the border guard service of Azerbaijan on July 29.

The importance of the immediate lifting of the blockade of the Lachin corridor in accordance with the decisions of the International Court of Justice of February 22 and July 6 was emphasized.

The sides also expressed readiness to take steps towards further expansion of bilateral partnership between Armenia and Greece.

Spanish Foreign Minister briefed on humanitarian crisis in Nagorno-Karabakh

 17:14, 9 August 2023

YEREVAN, AUGUST 9, ARMENPRESS. On August 9, Minister of Foreign Affairs of Armenia Ararat Mirzoyan had a telephone conversation with Minister of Foreign Affairs, European Union and Cooperation of the Kingdom of Spain José Manuel Albares Bueno, the foreign ministry said in a press release.

Minister Mirzoyan briefed on the humanitarian crisis and its extremely negative consequences for the people of Nagorno-Karabakh resulting from Azerbaijan’s illegal blockade of the Lachin corridor. Ararat Mirzoyan emphasized the seriousness of the situation and the lack of necessary medical care resulting from the complete blockade of Nagorno-Karabakh since June 15, especially for the most sensitive groups such as 30,000 children, 20,000 elderly and 9,000 persons with disabilities.

Ararat Mirzoyan stressed that the continuous deepening of the humanitarian situation in Nagorno-Karabakh may jeopardize the efforts of Armenia and the international community aimed at establishing lasting peace in the region, emphasizing the need to use the existing mechanisms in a targeted manner and to take steps towards lifting the blockade of the Lachin corridor in accordance with the decisions of the International Court of Justice.

Taking into account the Spanish Presidency of the Council of the European Union, the importance of the full support to the statement of the EU HR/VP of July 25 and targeted messages of the EU member states was also emphasized.

The further cooperation between Armenia and Spain within the EU was also touched upon.

ECHR conveys information from Azerbaijan regarding kidnapped Nagorno-Karabakh patient

 18:05, 9 August 2023

YEREVAN, AUGUST 9, ARMENPRESS. The European Court of Human Rights (ECHR) has conveyed to Armenia the information provided by Azerbaijan regarding Vagif Khachatryan.

The Office of the Representative of Armenia on International Legal Matters said that the information has been relayed to Khachatryan’s family. 

Armenia will submit by August 16 its objections regarding the position presented by Azerbaijan. 

Vagif Khachatryan, a 68-year-old resident of Nagorno-Karabakh, was kidnapped by Azeri border guards on July 29 during his medical evacuation carried out by the International Committee of the Red Cross. He was taken to Baku and faces fabricated charges.

Azeri forces again target farmers in Nagorno-Karabakh, vehicle hit

 18:45, 9 August 2023

YEREVAN, AUGUST 9, ARMENPRESS. Azerbaijani military forces have again opened gunfire at farmers in Nagorno-Karabakh, this time in the village of Sarushen, the Nagorno-Karabakh police said in a statement Wednesday.

A civilian vehicle was damaged as a result of the shooting.

“On August 9, the Shosh Precinct of the Askeran Regional Police Department received a report that around 10:50, civilians working in the wheat fields in Sarushen, Askeran came under various caliber small arms fire from Azerbaijani military outposts deployed in the administrative territory of the Sargsashen village, Martuni region. Fortunately no one was hurt,” police said in a statement.

A Ford-Transit vehicle owned by a farmer was damaged.

The agricultural work was suspended and the incident was reported to the Russian peacekeeping command, police added.

Assessments of international human rights organizations should not remain on paper – Nagorno-Karabakh ombudsman

 18:57, 9 August 2023

YEREVAN, AUGUST 9, ARMENPRESS. During the 8-month blockade of Artsakh by Azerbaijan, thanks to the efforts of various actors of Artsakh, Armenia and the Diaspora, it was possible to give a clear and purposeful assessment of the deepening humanitarian crisis in Artsakh by influential international human rights and humanitarian organizations and a number of authoritative experts, the Human Rights Defender of Nagorno-Karabakh (Artsakh) Gegham Stepanyan said in a statement on August 9.

“Amnesty International, Human Rights Watch, Freedom House, Global Center for Responsibility to Protect, International Committee of the Red Cross, special rapporteurs of the UN Human Rights Council, Lemkin Institute for the Prevention of Genocide, International Association of Genocide Scholars and a number of other human rights activists expressed their position during this period.

“The statements of all humanitarian and human rights organizations unanimously demand the authorities of Azerbaijan to stop blocking the Lachin corridor, ensure the free and unhindered transportation of people, goods and vehicles along the corridor, and put an end to the humanitarian crisis in Artsakh.

“The Azerbaijani authorities scornfully and brazenly respond to the statements of all the organizations and blatantly show disrespect for everyone as if everyone is lying, only they are right.

“This behavior of Azerbaijan once again demonstrates the simple truth that Azerbaijan has neither commitment, nor desire to fulfill the obligations assumed at the international level, moreover, in front of all structures, it continues to pursue a policy of genocide against the people of Artsakh.

“The assessments of the international human rights organizations should not remain on paper. These addressed statements must become the basis for the positions of various states and international structures on saving the people of Artsakh from starvation, ethnic cleansing and genocide. That is why these structures were created to prevent mass atrocities and violations of human rights.

“The human rights activists have expressed their stance; it is the turn of the political decision-makers in the international arena to prove that they will not allow the criminal authorities of Azerbaijan to question the authority of the international human rights and humanitarian organizations.

“Otherwise, the indifference shown and disregard for authoritative opinion will lead to irreversible human consequences in which international actors will be directly responsible for complicity,” Stepanyan added.

Armenian Human Rights Defender to send ad hoc report on Azeri shootings at Yeraskh steelworks to int’l organizations

 19:02, 9 August 2023

YEREVAN, AUGUST 9, ARMENPRESS. Today, on August 9, the Human Rights Defender published the English version of an ad hoc report on the continuous violations of human rights as a result of the shootings conducted by the Azerbaijani armed forces in the direction of the Yeraskh settlement of Ararat Province, Armenia.

The ad hoc report presents the violations of fundamental human rights registered by the Defender as a result of the fact-finding activities conducted in the Yeraskh settlement.

The violations of human rights as a result of the shootings conducted by the Azerbaijani armed forces in the direction of the settlement in June 2023 have been registered and analyzed in the ad hoc report. A number of recommendations aimed at solving the issues related to the protection of human rights are also presented in the report.

On June 13-14, 2023, shots were fired from the Azerbaijani combat positions in the direction of the Yeraskh settlement; in particular, the steel mill which is under construction with foreign investment in Yeraskh was intensively and deliberately targeted. As a direct result of the shootings, two Indian citizens were injured and taken to a medical institution.

As a result of the actions of the Azerbaijani armed forces, the civilian population’s rights to life, mental and physical integrity, property, education, work, entrepreneurship, and a number of other fundamental rights were violated.

The ad hoc report will be sent to international organizations and actors with a mandate to protect human rights, as well as competent state bodies.

The Armenian version of the Report was published on July 18.