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Amir Aliyev Azerbaijan in the target of international crimes: legal analysis Baku – 2018 Reviewers: Ukraine, active member of National Academy of Legal Sciences of Ukraine, Doctor of Law, Professor Oleg Zaychuk. The Republic of Kazakhstan, active member of National Academy of sciences of Kazakhstan, Doctor of Law, Professor Salakhiden Sabikenov. The Republic of Azerbaijan, Doctor of Law, Professor Latif Huseynov. The Republic of Turkey, Ankara University, Doctor of Law, Professor Serap Akipek. Russian Federation, Kazan Federal University, Doctor of Law, Professor Revol Valeyev. The Federal Republic of Germany, Technical University of Munich, Doctor of Law, Professor Giorgi Khubua. The Islamic Republic of Iran, University of Tehran, Doctor of Law, Professor Seyed Baghir Mirabbasi. Georgia, Doctor of Law, Professor Marina Kvachadze. The Republic of India, O.P.Jindal Global University, Doctor of Law, Professor Alexander Merezhko. The Republic of Kazakhstan, Al-Farabi Kazakh National University, Doctor of Law, Professor Daulet Baideldinov; Doctor of Law, Professor Sagingali Aidarbayev; Ph.D. in Law, Professor Aron Salimgerey. Aliyev A.I. Azerbaijan in the target of international crimes: legal analysis. (In Azerbaijani, French, English, Russian and Turkish). Baku, “NURLAR” Publishing-Printing Center, 2018, 176 p. The book analyzes committed and ongoing international crimes against the Azer- baijani statehood and the Azerbaijani people by Armenia. At the same time, broad references are made to important universal and regional international legal norms, decisions of international organizations, the works of highly qualifi ed scientists that have researches in various fi elds, and international judicial precedents. This book has been translated from Azerbaijani into English by Elnur Aslanov and Nishat Rahimov, the lecturers of the Department of International private law and European law at Law Faculty, Baku State University, with direct participation of the author and the English text has been edited by Baylar Hajiyev, Head of the Department of English on Humanitarian Faculties, Associate Professor, Baku State University. ISBN: 978-9952-507-93-5 © A.Aliyev, 2018 3 CONTENTS Introduction ....................................................................................................... 4 I. Armenian-Azerbaijan confl ict in the context of the principles of international law ............................................................................................ 9 II. Agression ....................................................................................................44 III. Genocide ................................................................................................... 73 IV. War crimes .................................................................................................96 V. Crimes against humanity .......................................................................... 134 VI. Terrorism .................................................................................................151 Conclusion .................................................................................................... 171 4 Amir Aliyev Dedicated to the dear and unforgettable memories of the victims of international crimes committed by Armenians for more than 100 years and still continued by the Republic of Armenia against Azerbaijani statehood and people. Introduction As the world enters globalization, intersocietal integration strengthens, for some reason, problems get even more complicated and knotted instead of being resolved. These problems could have been understood in the middle ages, even in the 20th century. That is to say, in the 20th century, the discrepancies between two systems (socialist and non-socialist) were also abandoned and transition to a new level began. Maybe the settlement of these issues causes diffi culties because they are attached to history. We can say with absolute certainty that this is not the answer to the question. Because nowadays, norms of international law cover suffi cient number of areas, a system of strong international organizations (the United Nations Organization, European Council, Organization for Security and Cooperation in Europe, Organization of Islamic Cooperation, Commonwealth of Independent States, etc.) and agreements have been established, the states, where civil and democratic societies exist have been formed and progressive ideas have further advanced. Then, why does the policy of aggression and genocide get more active, basic and elementary human rights are trampled and the world keeps silent? The only answer to this question is the existence and further development of double standards. Otherwise, the aggression and genocide policy of Armenians against our people, that began in the nineteenth century and accelerated in the twentieth century, would not be left unanswered by the world community. Continuing the aggression and genocide policy in the eyes of the international community has hit hard on international co-operation policies. The international community remaining indifferent to these events, and eventually, the inadequacy of international law is extremely regrettable. Undoubtedly, the interests of other states and our people being the target of international crimes should also not be ignored. It is known that the UN Security Council adopted 4 resolutions (822, 853, 874, 884) on the aggression of the Republic of Armenia (hereinafter referred to as Armenia) against the Republic of Azerbaijan in the target of international crimes: legal analysis 5 Azerbaijan (hereinafter referred to as Azerbaijan). However, these resolutions have not yet been fulfi lled, which is a serious blow to the reputation of the UN as a universal international organization and its position in the international community. While the intensifi ed negotiation process within the OSCE Minsk Group has yet to yield any results, Azerbaijan has succeeded in maintaining that the settlement of the confl ict was based on international law norms at different levels. The decisions made by other international organizations (the Council of Europe, the Organization of Islamic Cooperation, etc.) also prove that. In the Decree of the President of the Republic of Azerbaijan of December 18, 1997 “On the Mass Deportation of Azerbaijanis from the Historical-Ethnic Territories of the Armenian SSR in 1948-1953”, a full political and legal assessment was given to the unfair deportation policy of Azerbaijanis from the historical and ethnic lands. The Decree signed by the President of the Republic of Azerbaijan on March 26, 1998 “On the Genocide of Azerbaijanis” was the next full and comprehensive legal and political assessment of the actions of the Armenian nationalists. Finally, in the Decree of the President of the Republic of Azerbaijan of January 18, 2018 “On the 100th Anniversary of the Genocide of Azerbaijanis – 1918”, it is noted that the Armenian nationalists have implemented ethnic cleansing, deportation and genocide against our people in order to realize the idea of mythical “Great Armenia”. Tens of thousands of civilians were killed for ethnic and religious affi liation in Baku and other cities and towns in the province of Baku as a result of the brutal massacres committed by the Dashnak-Bolshevik armed groups operating under the mandate of the Baku Soviet in March-April 1918, settlements were destroyed, cultural monuments, mosques and cemeteries were razed to the ground, and later Armenian nationalists committed massacres, looting and ethnic cleansing in Karabakh, Zangazur, Nakhchivan, Shirvan, Iravan and other regions. Despite the fact that more than twenty percent of the territory of Azerbaijan is under occupation and more than one million Azerbaijanis remain internally displaced and refugee as well as living in unbearable conditions till now, the Azerbaijani government is willing to resolve the confl ict within the principles of humanism and international law. Speaking on September 29, 1994 at the 49th session of the UN General Assembly, Heydar Aliyev – the National Leader of the Azerbaijani Nation said: “The position of the Republic of Azerbaijan has always been a practical position and is peaceful. Despite the damage caused to us, we offer peace to the Armenian side on the basis of international law, justice and humanism”. 6 Amir Aliyev The successful policy and practical steps undertaken by President of Azerbaijan Ilham Aliyev today call on the invader Armenia to put an end to occupation and to resolve the confl ict peacefully. However, this process before international organizations is always violated by occupier Armenia, which, as an aggressor state, gives a clear indication to Armenia’s non- constructive and continued policy of ignoring of international law. President Ilham Aliyev especially emphasized in an interview with “Sputnik” International Information Agency on October 17, 2016: “If we look at the history, Nagorno-Karabakh is an inseparable part of Azerbaijan. This has always been so. We know the history of the mass relocation of the Armenian population from Iran and from Eastern Anatolia to these lands. The whole history, all the toponyms, as well as the word Karabakh itself, originates from Azerbaijani ... The Azerbaijanis were fi rst expelled from Nagorno-Karabakh. Then, Armenians occupied seven regions non-related to Nagorno-Karabakh, where only the Azerbaijani population lived, and everything was destroyed there. The OSCE has twice sent a fact-fi nding mission there, and their report