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Nagorno-Karabagh: Legal Aspects NAGORNO KARABAGH LEGAL ASPECTS SHAHEN AVAKIAN Moscow 2015 llegalegal aaspects.inddspects.indd 1 229.04.20159.04.2015 116:30:346:30:34 UDK 341(479.25) Published: “MIA” publishers SHAHEN AVAKIAN “NAGORNO KARABAGH: LEGAL ASPECTS” Fifth Edition, Moscow 2015 The study covers the legal aspects of Nagorno Karabagh problem. It examines the issues of Law as they affected the legal status of Nagorno Karabagh. The author is an expert of International Law. He has graduated from the Paris Sorbonne University and is specialized in International Public Law and International Organizations law. This study is the fi fth revised edition and contains additional information and updates. The publications of the earlier editions of this research are also availble in Armenian, French, Russian, Arabic, Greek and Spanish. © 2015 SHAHEN AVAKIAN llegalegal aaspects.inddspects.indd 2 229.04.20159.04.2015 116:30:346:30:34 Content Foreword 5 Basic Facts 6 1. Pre-Soviet Status 8 2. Sovietization Period 13 3. Nagorno Karabagh Under Perestroika 16 4. Rejection of Soviet Heritage by the Republic of Azerbaijan 20 5. Sovereignty of Nagorno Karabagh Under Domestic Legislation of the Former USSR 22 6. Azerbaijan’s Policy of Ethnic Cleansings as a violation of International Law 26 7. Does Azerbaijan’s internal Legislation on Nagorno Karabagh Comply with International Law? 34 8. Independent State of Nagorno Karabagh Under International Law 41 Concluding Remarks 47 ANNEX 1 List of Legal Acts and Materials on Nagorno Karabagh 49 ANNEX 2 League of Nations Memorandum on the Application for the Admission of the Republic of Azerbaijan to the League of Nations 56 ANNEX 3 League of Nations: Extract from the Journal № 17 of the First Assembly 60 llegalegal aaspects.inddspects.indd 3 229.04.20159.04.2015 116:30:346:30:34 ANNEX 4 League of Nations: Extract from the Records of the First Assembly. The Meetings of the Committees. Fourth Committee 64 ANNEX 5 Declaration of the Revolutionary Committee of the Azerbaijan SSR on Recognition of Nagorno Karabagh, Zanghezour and Nakhichevan as an Integral Part of the Armenian SSR 66 ANNEX 6 An Extract from the Session Protocol of the Presidium of the Council of Ministers of the USSR 67 ANNEX 7 European Parliament Resolution on the Situation in Soviet Armenia 68 ANNEX 8 101st Congress, 2nd Session, Joint Resolution, USA (S. J. RES. 178) 69 ANNEX 9 The Law of the Republic of Azerbaijan on “Abolition of Nagorno Karabagh Autonomous Oblast of the Republic of Azerbaijan” 71 ANNEX 10 An Extract from the USSR Law on “The Procedures of the Resolution of Problems on the Secession of a Union Republic from the USSR 73 ANNEX 11 European Parliament Resolution on “Support for the Peace Process in the Caucasus” 75 ANNEX 12 Report on the Results of the Constitutional Referendum of the Republic of Nagorno Karabagh 77 ANNEX 13 Reports on the Results of Presidential Elections of Nagorno Karabagh Republic 82 ANNEX 14 Reports on the Parliamentary Elections of the Nagorno Karabagh Republic 102 ANNEX 15 Recognition of NKR’s right for self-determination 112 llegalegal aaspects.inddspects.indd 4 229.04.20159.04.2015 116:30:346:30:34 Foreword This is a study of legal issues on Nagorno Karabagh - Artsakh. It does not intend to cover the political and historical aspects: it will instead cover issues of Law as they affected Karabagh in pre-Soviet period, in the period of Sovietization and under Perestroika. It will also examine the issues of sovereignty of Nagorno Karabagh according to the Laws of the former USSR, the compliance of Azerbaijan’s domestic legislation on Nagorno Karabagh and Azerbaijan’s policy of ethnic cleansings with the principles and norms of International Law, as well as the establishment of the Republic of Nagorno Karabagh under International Law. Since a proper understanding of Nagorno Karabagh problem is complicated both by geopolitical changes and by frequent and deliberate misinterpretation and misrepresentation of Karabagh’s history and legal status, we aim at presenting a brief overview of the issue from a legal point of view and demonstrate that Nagorno Karabagh has never been part of the Republic of Azerbaijan. Even a brief study of the legal background of the problem provides a basis to believe that Nagorno Karabagh, apart from its historic and cultural rights, also has full legal foundations for its independence. Foreword 5 llegalegal aaspects.inddspects.indd 5 229.04.20159.04.2015 116:30:346:30:34 Basic Facts Name The Nagorno Karabagh Republic or Republic of Artsakh (Artsakh) Capital Stepanakert Language Armenian Population 146,6 thousand* Ethnic 95% Armenian, 5% minorities (Greeks, Russians, Ukrain- Composition ians, Assyrians, Georgians, Azerbaijanis, etc.) Religion Christian, 95% of the population are adherents of the Armenian Apostolic Church Location Situated in the South-Eastern part of the Armenian highland, from the West it borders with Armenia, from the North and the East - with Azerbaijan, from the South – with Iran. It includes the eastern part of the Karabagh Plateau and extends from the West to the East running into the Lowland Karabagh that forms the major part of the Kura-Arax wide plain. Relief Mountainous Area 12 thousand sq. km, out of which 1041 sq. km are under the Azerbaijani occupation** Main Law Constitution of the Republic of Nagorno Karabagh*** * As of January 1, 2013, NKR National Statistical Service Data. ** According to the Constitution of the Nagorno Karabagh Republic. *** Adopted on December 10, 2006 via nation-wide referendum. 6 Basic Facts llegalegal aaspects.inddspects.indd 6 229.04.20159.04.2015 116:30:346:30:34 Flag Three equal horizontal stripes of red, blue and orange colours (from top to the bottom). From both edges of the right side of the colour cloth a white fi ve-toothed stepped rug pattern starts and joins at the one third of the fl ag. The National Flag was adopted on June 2, 1992, by the Supreme Council of the Republic. National The National Emblem depicts an eagle spreading its Emblem wings upward with sunrays emerging from it. The eagle is crowned with the crown of the Artashesid Dynasty. In the centre is the “We Are Our Mountains” monument against the background of the National Flag and Mount Big Kirs. Beneath, in the claws of the eagle are cluster of grapes, mulberries and ears of wheat. In the upper semicircle of the National Emblem there is an inscription in Armenian “Nagorno Karabagh Republic - Artsakh”. The National Emblem was adopted by the Supreme Council of the Republic on November 17,1992. National The National Anthem is the symbol of independent state- Anthem hood of the Nagorno Karabagh Republic. The National Anthem was adopted by the Supreme Council of the Nagorno Karabagh Republic on November 17, 1992. Administrative Includes 7 regions and the Capital of the Republic division Largest Martuni, Martakert, Askeran, Hadrut, Shushi towns Currency Armenian Dram Time Zone GMT + 04:00 Basic Facts 7 llegalegal aaspects.inddspects.indd 7 229.04.20159.04.2015 116:30:346:30:34 1 Pre-Soviet Status Karabagh (Artsakh) is an integral part of Historic Armenia. It was the 10th province of the Ancient Kingdom of Armenia. In Urartian inscriptions (9th- 7th Centuries B.C.) the name Urtekhini is used for the region. Ancient Greek sources called the area Orkhistene1. After the division of Greater Armenia (387 A.D.), Artsakh became part of the Eastern Armenian Kingdom, which soon fell under the Persian rule. Under the Persian rule Artsakh was a part of the Armenian Province, and in the period of Arabic rule it was part of the Armenian Region. Artsakh was part of the Armenian Kingdom of Bagratids (9th-11th CC.), then – part of Zakarid Armenia (12th-13th CC.). In following Centuries, Artsakh fell under the rule of various conquerors, thus remaining Armenian and possessing a semi-independent status. In the mid 18th Century the invasion of Turkic tribes to the North of Artsakh led to clashes with local Armenians. The Five Armenian Princedoms of Artsakh (Melikdoms of Khamsa) had reached the peak of their power in the late 18th Century. After the Russian-Persian war (1804-1813) Karabagh, along with the other North Eastern provinces of Armenia, was transferred from Persian to Russian dominion under the terms of the Treaty of Gulistan (1813). In 1840, as a result of the implementation of an administrative reform in the Caucasus, which divided the region into two administrative districts, Karabagh was incorporated into the Caspian District. The next administrative reform of 1867 incorporated Karabagh into the Elizavetpol District. The area then remained undisturbed until the beginning of World War I. The dispute over Nagorno Karabagh dates from the period of the Russian Empire’s disintegration after the 1917 October Revolution. Under Lenin’s “National Policy Doctrine”, peoples leaving Russia were recognized in their right for self-determination though no special procedure was settled for the secession from Russia2. During 1918-1920 the legis la tive power in Nagorno Karabagh was exercised by the Assemblies of Armenians of Karabagh. 1. Works of: Strabo - http://www.archive.org/stream/geographyofstrab05strauoft#page/n5/mode/2up, p. 320-323. Pliny the Elder - http://www.archive.org/stream/naturalhistory02plinuoft#page/354/mode/2up, p. 355-357 Claudius Ptolemy - http://www.archive.org/details/PtolemysGeographyBook5, p. 122-123. Plutarch - http://www.archive.org/stream/plutarchslives05plutuoft#page/206/mode/2up, p. 204-207. Dio Cassius - http://www.archive.org/stream/diosromanhistory03cassuoft#page/92/mode/2up, p. 92-95. 2. V. I. Lenin, “Complete Publications of Works”, (Moscow: 1963, in Russian), v. 31, at 436. 8 PRE-SOVIET STATUS llegalegal aaspects.inddspects.indd 8 229.04.20159.04.2015 116:30:346:30:34 The First Assembly of Armenians of Karabagh was convened on July 22, 1918, which declared Nagorno Karabagh as an independent administrative and political entity.
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