WHEN EMBERS BURST INTO FLAMES INTERNATIONAL HUMANITARIAN LAW AND HUMAN RIGHTS LAW VIOLATIONS DURING THE 2020 NAGORNO-KARABAKH WAR May 2021 2 REPORT WHEN EMBERS BURST INTO FLAMES International Humanitarian Law and Human Rights Law Violations During the 2020 Nagorno-Karabakh War May 2021 3 4 TABLE OF CONTENTS EXECUTIVE SUMMARY 5 INTRODUCTION 7 A. AUTHORS 8 B. AIMS OF THE REPORT 9 C. METHODOLOGY 10 CHRONOLOGY OF THE 2020 NAGORNO-KARABAKH WAR 14 INDISCRIMINATE AND/OR DISPROPORTIONATE ATTACKS ON CIVILIANS 23 A. LEGAL FRAMEWORK 25 B. BOMBING OF CIVILIANS BY AZERBAIJANI ARMED FORCES 28 C. BOMBING OF CIVILIANS BY THE ARMED FORCES OF ARMENIA/NAGORNO-KARABAKH 43 D. CONCLUSION 73 EXTRAJUDICIAL EXECUTION OF CAPTIVES 74 A. LEGAL FRAMEWORK 75 B. EXTRAJUDICIAL EXECUTIONS BY AZERBAIJANI FORCES 76 C. EXTRAJUDICIAL EXECUTIONS BY FORCES OF ARMENIA/NAGORNO-KARABAKH 83 D. CONCLUSION 84 TORTURE AND INHUMAN TREATMENT 85 A. LEGAL FRAMEWORK 86 B. TORTURE AND INHUMAN TREATMENT PERPETRATED BY AZERBAIJANI AUTHORITIES 88 C. TORTURE AND INHUMAN TREATMENT PERPETRATED BY FORCES OF ARMENIA/NAGORNO-KARABAKH 91 D. CONCLUSION 93 OTHER DOCUMENTED VIOLATIONS 94 A. DESPOLIATION OF THE DEAD 94 B. AZERBAIJANI ATTACKS ON PLACES OF RELIGIOUS/CULTURAL SIGNIFICANCE 97 C. AZERBAIJANI ATTACKS ON HOSPITALS AND MEDICAL PERSONNEL 101 SUMMARY OF FINDINGS AND RECOMMENDATIONS 103 5 EXECUTIVE SUMMARY Nagorno-Karabakh is a land-locked moun- ducted open-source investigations and analysis tainous region in the southern Caucasus span- of satellite imagery, social media posts and in- ning approximately 4,400 km2. Whilst interna- formation released by national and de facto au- tionally recognised as part of the Republic of thorities. IPHR/Truth Hounds also examined re- Azerbaijan, its territory has been disputed and ports by international fact-finding missions and fought over by Armenia and Azerbaijan since the experts, including the International Committee breakup of the Soviet Union. The most intense of the Red Cross, Human Rights Watch and Am- clashes took place in 1992 to 1994, resulting nesty International, as well as media reporting in 30,000 deaths, the displacement of over one from the conflict zone. All findings were analysed million people and Armenia’s de facto occupa- using the framework of international humanitar- tion of the former Autonomous Oblast’ of Na- ian law (“IHL”) and the European Convention on gorno-Karabakh and a “buffer zone” of seven Human Rights (“ECHR”), with expert advice and Azerbaijani districts (approximately 14 per cent assistance provided by Global Diligence LLP. of Azerbaijani territory). Armenia’s occupation of Based on our investigation and analysis, these areas was condemned by the UN Securi- IPHR/Truth Hounds were able to draw the follow- ty Council (see UNSC resolutions 853, 874 and ing conclusions on the warring parties’ conduct 884). On 27 September 2020, the protracted during the six-week war between 27 Septem- conflict flared up once again into a deadly six- ber and 10 November 2020 (these findings are week all-out war. According to official estimates, made to a ‘reasonable basis to believe’ standard the 2020 conflict has resulted in more than unless otherwise specified): 5000 deaths – including 100 Azerbaijani and 55 Armenian civilians - and well over 100,000 ▶ IPHR/Truth Hounds independently ver- displaced persons. The six-week war ended with ified 46 reported bombings of civilians a Russian-brokered truce taking effect on 10 and civilian infrastructure through on- November 2020. The truce has largely held, al- site investigations, witness evidence, though some ceasefire violations have been re- satellite imagery analysis and open- ported by both sides. source data analysis. At least 32 inci- Between October and December 2020, IPHR/ dents qualify as indiscriminate and/ Truth Hounds conducted four separate field in- or disproportionate attacks on civil- vestigation missions to Azerbaijan and Arme- ians in violation of IHL and the right to nia, amounting to a total of 29 days of field life, of which 23 were perpetrated by work. In the course of the missions, the IPHR/ Azerbaijani armed forces leading to Truth Hounds team interviewed 30 witnesses 20 civilian deaths, and nine were per- in Azerbaijan (outside of Nagorno-Karabakh), petrated by the armed forces of Arme- 46 witnesses in Nagorno-Karabakh and sev- nia/Nagorno-Karabakh resulting in 80 en witnesses in Armenia. The team also visit- civilian deaths. ed and documented 46 bombing impact sites across the conflict-affected region. In addition ▶ Members of Azerbaijani armed forces to field investigations, IPHR/Truth Hounds con- are responsible for the extrajudicial 6 executions of four captured Armeni- ▶ Azerbaijani armed forces appear to an combatants and three Armenian have deliberately targeted Armeni- civilians, and are further responsible an hospitals, medical transport and for the enforced disappearance of at medical personnel in at least five least one Armenian civilian. Another documented incidents. Armenian civilian died in Azerbaijani custody as a result of the conditions of IPHR/Truth Hounds takes no position on his detention. There is also prima facie the legality of the conflict and does not draw evidence that members of Armenia/ any comparisons between the parties’ relative Nagorno-Karabakh armed forces are compliance with the laws and customs of war. responsible for two episodes of exe- The sole purpose of this report is to set out a cutions of wounded Azerbaijani com- neutral and objective account of violations of batants. the laws and customs of war and fundamental human rights by both warring parties between ▶ Azerbaijani authorities are responsible 27 September 2020 and 10 November 2020, for the torture and cruel, inhuman or and to highlight Armenia and Azerbaijan’s con- degrading treatment of Armenian tinuing obligations to conduct independent, prisoners of war. Furthermore, there prompt, public and effective investigations into is prima facie evidence that members these violations and to bring those responsible of the Azerbaijani armed forces sub- to account. The authors acknowledge that there jected at least four civilians to tor- are other important issues raised by this con- ture and cruel, inhuman or degrading flict, such as the use of foreign mercenaries, the treatment in the course of military op- international trade in inherently indiscriminate erations. weapons, the continued detention of Armenian nationals apprehended after the cessation of ▶ At least seven Azerbaijani prisoners hostilities and the humanitarian situation of ci- of war were subjected to torture vilians in conflict-affected areas, however these and cruel, inhuman or degrading issues are beyond the scope of this report. treatment at the hands of Armeni- It is hoped that a reliable account of the true an/Nagorno-Karabakh armed forc- human cost of the war will persuade both sides es. Furthermore, there is prima facie to resort to non-violent means of settling their evidence of a further three cases of disputes. Alternatively, it is hoped that the report torture perpetrated against Azerbaijani will inform the parties as to necessary institu- prisoners of war. tional and legislative reforms required to mini- mise human suffering in future conflicts. ▶ Members of the armed forces of Arme- nia/Nagorno-Karabakh are respon- sible for at least eight instances of despoliation of the dead. At least two Azerbaijani soldiers are accused of committing similar offences against deceased Armenian/Nagorno-Karabakh soldiers. ▶ Azerbaijani armed forces appear to have deliberately targeted and dam- aged places of religious and/or cul- tural significance to ethnic Armenians: Ghazanchetsots Cathedral in Shushi and the Chartar/Guneykhirman cross. 7 INTRODUCTION On 27 September 2020, the protracted the legality of the conflict and does not draw conflict between Armenia and Azerbaijan over any comparisons between the parties’ relative the territory of Nagorno-Karabakh flared up compliance with the laws and customs of war. once again into a deadly six-week all-out war. Based on the authors’ findings, both parties According to official estimates, the conflict re- to the conflict have committed grave breach- sulted in more than 5000 deaths – including es of the Geneva Conventions and Protocols 100 Azerbaijani and 55 Armenian civilians - and serious violations of the ECHR. IPHR/Truth and well over 100,000 displaced persons. Be- Hounds call on both parties to conduct full, in- tween October and January 2020, Internation- dependent and effective investigations into al Partnership for Human Rights (“IPHR”), Truth the violations set forth in this report, to hold Hounds (hereinafter “IPHR/Truth Hounds”) those responsible to account under the law, conducted four field missions to Azerbaijan, and to conduct all necessary institutional and Armenia and the conflict-affected territory of legislative reform and training to ensure that Nagorno-Karabakh, to document violations of such violations will not occur in the future. the laws and customs of war and the human cost of this latest chapter in the region’s trou- bled history. This report sets out the authors’ findings – analysed and presented using the frameworks of international humanitarian law (“IHL”) and the European Convention on Human Rights (“ECHR”). It is important to emphasize that IPHR/Truth Hounds take no position on 8 A Authors International Partnership for Human Contact information: Rights (IPHR) is an independent, non- governmental organisation founded in 2008. International