Azerbaijan Society Team Facts about Nagorno-Karabakh

Submitted By: Afshan Maharramli Contact: [email protected]

Word Count: 1501

Last edited 19.05.2021, 18:41 local Azerbaijani time Throughout history, historically and ethnographically important territory, being a plateau of khans- Karabakh has always been a strategically important area. For the resolution, needless to say, that, it is important to go back to history and investigate the details. Nagorno-Karabakh is part of Azerbaijan. This is an internationally recognized region of Azerbaijan, with seven Azerbaijani regions occupied and ethnically cleansed by Armenia, in great violation of international law. It is historically investigated and based on international law norms. The territorial integrity of Azerbaijan is recognised by the whole world, which Nagorno- Karabagh is also included in this integrity as it is known from history. From a historical point of view, Ibrahim Khalil khan- the khan of Karabakh Khanate, signed a treaty called Kurakchay with the General of the Russian empire Tsitsianov (Russia )on May 14, 1805. Under this treaty, Karabakh Khanate as an independent country became under the rule of the Russian empire. Furthermore, during the first and second Iran-Russia war, most importantly, the 1813 Gulustan treaty and the 1828 Turkmanchay treaty were signed. According to the conditions of the Gulustan treaty, concluded on October 12, 1813, Iran obliged to agree with the occupation of Northern Azerbaijan lands, except Iravan and Nakhichevan khanates by Russia. According to the Turkmenchay treaty, Iran obliged to accept the annexation of Nakhichevan and Iravan khanates by Russia concluded on February 10 of 1828. Under these treaties, the rest of Azerbaijan became part of the Russian empire, including Georgia, Dagestan and Armenia. After the collapse of the Russian empire, Part of the Russian Empire: Armenia, Georgia and Azerbaijan established their independent states. One of them was the Azerbaijan Democratic Republic which was founded on 28 May 1918. One of the first decreases of the Azerbaijani Democratic Republic was to transfer Yerevan (Irevan) from Azerbaijan to Armenia on 29 May 1918, a day after the establishment. Whereupon, Yerevan (Irevan) was announced as the capital of Armenia. In 1921 the Caucasus retain Nagorno-Karabakh within Azerbaijan and decided not to transfer it in the future. The decision kept and is proof that the Karabakh had no relation with Armenia and it was decided to retain it under Azerbaijan. In 1923, the Azerbaijani Social soviet Republic issued a decree on the creation of the Nagorno-Karabakh autonomous district inside Azerbaijan. Besides, at the end of the 80s, Armenia launched aggression against Azerbaijan 300,000 Azerbaijanis were deported from the territory of Armenia. At the beginning of the 90s, Armenia launched aggression against Azerbaijan. And as a result of that, approximately 20% of Azerbaijani territories were under occupation and 1 million Azerbaijanis became refugees and IDPs. The Azerbaijani people were subject to ethnic cleansing. In 1992, the previous Armenian regime committed war crimes and the most known Khojali Genocide. As a result of the Khojali Genocide,613 innocent civilians – among them 106 women and 63 children, were brutally killed. More than 10 countries recognised Nagorno- Karabakh as an independent country.

United Nations Security Council adopted four resolutions demanding withdrawal of Armenian troops from the occupied territories – but none of them was successful. According to the International Law issue, there is no doubt that Nagorno-Karabakh is a part of Azerbaijan. Historically, the first state established in Azerbaijan and the Turkic world was the Azerbaijan Democratic Republic, and Article 2 of the Constitutional Act on State Independence of the Republic of Azerbaijan states that the Republic of Azerbaijan is the successor of the Azerbaijan Democratic Republic, which existed from 1918 to 1920. At the same time, if we look at parts 4 and 5 of the Declaration of Independence adopted on May 28, 1918, it guarantees the free development of all citizens, regardless of nationality, affiliation, religion or gender. It is clear from this that Azerbaijan was one of the first Turkic states to grant women the right to vote and tried to establish peaceful relations with Armenia despite the genocide of March 31 (embodying part 3 of the Declaration of Independence), and even agreed to make concessions to Yerevan on May 29, 1918. According to Article 3 of the Armenian Constitution, human dignity and fundamental human rights and freedoms are fundamental values. It is stated that the principles of international law guarantee human and civil rights and freedoms. The state is directly limited to human and civil rights. This is in accordance with Article 12 of the Constitution of the Republic of Azerbaijan, but the Constitution of the Republic of Azerbaijan allows for human and civil rights. As stated in the 6 constitutional intentions of the Constitution of the Republic of Azerbaijan, one of the goals of the Constitution is to ensure a decent standard of living for all. Article 12 (1) makes this clear. At the same time, as mentioned in part 2 of Article 148, international agreements are also applied in legislation and are an integral part. If we pay attention to Article 151, except for the Constitution, if there is a conflict between normative legal acts and interstate agreements to which the Republic of Azerbaijan is a party, those international agreements are applied and this is considered a general norm. However, as noted earlier, Article 12, based on constitutional intentions, applies the supreme goal of the state and human and civil rights and freedoms of the Constitution of the Republic of Azerbaijan in accordance with international treaties to which the Republic of Azerbaijan is a party. International treaties are preferred in the context of human and civil rights, and in the event of a conflict, an international treaty is preferred. If the freedoms enumerated in the Constitution are applied in accordance with international treaties in the field of human and legal freedoms, international treaties shall prevail. However, one difference from the Armenian legislation is that in the Republic of Azerbaijan there is a "better protection clause", ie if the domestic law provides for a broader guarantee, and the international agreement provides for a more limited guarantee, the "better protection clause" in the international agreement According to the Constitution, freedoms are applied. If the guarantee of a citizen provides for a guarantee superior to the agreements to which the Republic of Azerbaijan is a party, the freedoms contained in those agreements shall apply. Therefore, Article 12 is considered a special norm. In this regard, Article 5 (2) of the International Covenant on Civil and Political Rights states that “2. There shall be no way to restrict or discredit any of the fundamental human rights enacted or existing in force in any of the States Parties to the present Covenant by law, convention, rule or custom under the pretext that it is not accepted or accepted to a lesser extent. is not given. ” Convention on the Rights of the Child Article 41 also states: Nothing in this Convention shall prejudice any provision which further facilitates the exercise of the rights of the child and which may be contained in the following documents: a) in the law of a State Party; or b) in the norms of international law applicable to that state. However, Armenia is in flagrant violation of Article 3 of the European Convention on Human Rights by committing genocide and torture against people during and after the Second Karabakh War. At the same time, the rights of Azerbaijani citizens of Armenian descent are protected in Azerbaijan under Article 69. Even during the 2nd Karabakh war, despite the illegal entry of an unknown person into the territory of Azerbaijan, no shots were fired at him in a way that did not contradict the Constitution, and he was even granted asylum under Article 70.1 of the Constitution of the Republic of Azerbaijan. However, Armenia is a weapon prohibited by international agreements, but it was used against Azerbaijan and injures 65 civilians. At the same time, the loss of children's lives as a result of the bomb violates the rights of children accepted by UNESCO, as well as international treaties. Fariz Badalov was killed in the yard of his house by an enemy sniper when he was 8 years old. However, the aggression of the enemy does not stop there. The hospitalization of enemy soldiers in Azerbaijan shows that their rights are protected when they leave the war zone. According to Ratione persona, this also happened during the Karabakh war. Ratione persona is also valued as personal jurisdiction and refers to jurisdiction over key subjects. Subject jurisdiction refers to the ability of subjects to file lawsuits in matters of assistance in both domestic and international courts. The claim can be filed by both legal and natural persons, and in international law, both legal and natural, as well as states. According to this example, Azerbaijan will file a lawsuit against Armenia on January 15, 2020. Refers to Article 33 of the Convention. According to this article, states govern a claim against another state if it is a party to the Convention. To conclude, these facts prove that Karabakh never belonged to Armenia and as International Law says that, doubtless, Nagorno-Karabakh is a part of Azerbaijan!