ELSHAD ABDULLAYEV THE NAGORNO-KARABAKH PROBLEM IN THE LIGHT OF INTERNATIONAL LAW "...Considerable parts of the territory of Azerbaijan are still occupied by Armenian forces and separatist forces are still in control of the Nagorno- Karabakh region ". Council of Europe Parliamentary Assembly Resolution 1416 Strasbourg, 25 January, 2005 TƏHSİL BAKU-2005 1 ”Nagorno-Karabakh is an integral part of Azerbaijan… Azerbaijan will liberate its territory from occupation at whatever cost.” HAYDAR ALİYEV 2 ELSHAD ABDULLAYEV Doctor of law sciences THE NAGORNO-KARABAKH PROBLEM IN THE LIGHT OF INTERNATIONAL LAW «TAHSIL» PUBLISHING HOUSE BAKU-2005 3 81.2 Ing. A14 Translated into English by: Dr. BAYLAR 1SLAMKHAN HAJIYEV Reviews: Latif HUSSEYNOV, Doctor of law sciences Alish GASSIMOV, Doctor of law sciences Dr. Elshad Abdullayev A 14 The Nagorno-Karabakh problem in the light of international law. Publishing house «Tahsil», 2005, 224 p. The book investigates the background of the Armenia-Azerbaijan, Nagorno-Karabakh conflict, which has turned into a national problem of our people, the course of negotiations on settlement of the issue, as well as the fairness of the international community's position regarding this issue. The author's primary intent is to deliver to readers the real essence of a very complex problem, which endangers peace and stability in the entire South Caucasus today, also to prove the necessity for the world community to be guided by fair criteria in relation to the issue. The book is a valuable aid for those wanting to shed light on the reasons of the Nagorno-Karabakh conflict, which affects negatively the life of not only Azerbaijan people, but also all the peoples of the region as well. A 4702060204 2005 81.2 Ing. 053 © Publishing house «Tahsil», 2005 4 Nagorno-Karabakh problem can be solved only based on international legal norms The resolution adopted by European Council Parliamentary Assembly considers aggressive Armenia an invasive state and the fictitious Nagorno-Karabakh government a separatist regime Putting an end to aggression by Armenia against our country is the main goal of the Azerbaijan state. Recently many significant steps and urgent measures have been taken in this field for restoration of the territorial integrity of our country. This policy, founded by the national leader Heydar Aliyev and followed successfully by the President Ilham Aliyev, has produced real results and created a basis for international exposure of Armenia's aggression. Azerbaijan has succeeded in bringing the Armenian aggression to the agenda of different international organizations and achieved adoption of respective resolutions. Recently, one more resolution by the European Council Parliamentary Assembly was adopted in regard to the conflict. The articles contained in the resolution put forward the EC's admission of the fact that Armenia has occupied Azerbaijan territories, and condemn this act of aggression. Let's note that the EC has always kept the Armenia-Azerbaijan, Nagorno-Karabakh conflict in the focus of attention. However, unfortunately, in many cases, the EC adhered to an unfair position but after the admission of our country to membership in the organization in 2001 the situation changed. 1992, following the official appeal to the European Council on providing Azerbaijan with the status of "specially invited guest", the organization adopted several significant documents concerning the settlement of the conflict. One of them was adopted in February 1992 at the European Council Parliamentary Assembly's Committee for Relations with the Non-EC European countries. The statement reflecting the EC's position concerning the conflict expressed concern over the deterioration of the situation in Nagorno-Karabakh and recommended that the parties concerned stop the fighting and settle the conflict peacefully. On March 12, 1992, the Committee of Ministers of the European Council adopted as well a statement on the conflict. This document neither assessed the problem objectively, nor reflected its essence. In April 1993, the EC Committee of Ministers adopted one more statement regarding the Armenia-Azerbaijan, Nagorno-Karabakh conflict. In this statement, the EC Committee of Ministers backed the UN requirements concerning restoration of peace in the region and cessation of hostilities. However, it did not mention Armenia as the invader at all. 5 In January 1994, while delivering the initiative of holding a meeting concerning the settlement of the conflict in Strasbourg, the EC Committee for Relations with the Non-EC European countries invited representatives of the separatist regime in Nagorno-Karabakh to negotiations as well. This led to an annulment of the meeting and the Azerbaijan side did not join the negotiations. In July the same year, negotiations concerning the Armenia-Azerbaijan, Nagorno-Karabakh conflict were conducted in Strasbourg at the initiative of the European Council. Azerbaijan took part in these negotiations taking into account the necessity of relations with the EC. The meeting decided to send a delegation to the region. On November 14, the delegation visited Azerbaijan. A few days before that, on November 10, the European Council Parliamentary Assembly had adopted its first resolution on the Armenia-Azerbaijan, Nagorno-Karabakh conflict. This resolution titled "On the conflict in Nagorno-Karabakh" did not provide a fair assessment of the problem and distorted its essence. On June 28, 1996, Azerbaijan received the status of "specially invited guest" to the European Council. In April 1997, the EC PA adopted one more resolution on the Armenia-Azerbaijan, Nagorno-Karabakh conflict. The resolution "On the Conflicts in Caucasus" stressed the necessity of the EC's assistance in the settlement of the conflicts in Abkhazia and Nagorno-Karabakh. The document's clause dedicated to the Nagorno-Karabakh conflict reflected the release of the occupied territories and peaceful regulation of the conflict as a recommendation by the European Council. However, one of the resolution's negative points was that it emphasized the necessity of Azerbaijan, Armenia, and Nagorno-Karabakh conducting direct negotiations. This again meant that the separatist regime in the Nagorno-Karabakh was acknowledged as an independent side, and therefore was of no real meaning. On June 28, 2000, the EC PA adopted a decision to accept Azerbaijan as a full-fledged member to the organization. On January 17, 2001, the EC Committee of Ministers made a similar step by providing this decision with legal force. That year on January 25, the ceremony of Azerbaijan's acceptance to the European Council took place and thus, a new stage started in the history of our country's relations with Europe. Due to the initiative and the diplomatic activity by the head of the delegation representing Azerbaijan at the EC PA, Ilham Aliyev, deputies from Azerbaijan managed to take significant measures aimed at international exposure of Armenia's invasive policy. Exactly due to this, official information at the 108th session of the EC Committee of Ministers assessed the occupation of Azerbaijan territories by Armenia as an aggressive policy. 6 On April 24, 2001, the Azerbaijan delegation took an active part at the discussions on the "Struggle of Europe against Economic and Transnational Organized Crime" at the EC PA session in Strasbourg. Mr. Ilham Aliyev delivered a speech at the discussion and mentioned the issues worrying our country: "Azerbaijan is particularly concerned over this issue. Because one of the centers of organized crime in Europe is exactly in our territory. The region called "The Republic of Nagorno-Karabakh" is not controlled either by the Azerbaijan government bodies or by any international organization responsible for the struggle against this crime". During the session, our delegation prepared and spread among the deputies a special draft document concerning the presence of Azerbaijani hostages and captives in Armenia and Nagorno-Karabakh. This document showed that as a result of the occupation of Azerbaijani territories, 4959 persons have vanished. One thousand ninety two of them were released from 1992 to 2001, and 176 of them arc deceased. The document points out that there are 783 captives, including 18 children, 43 women, and 56 older men on the territory of Armenia and in occupied Azerbaijani lands. Many deputies from Hungary, Russia, Luxemburg, Spain, Turkey, Netherlands, Latvia, Lithuania, Sweden, the Ukraine and other countries, signed the document, and the draft spread among the parliamentary delegations of the states taking part at the EC PA session. The documents, prepared by the Azerbaijan delegation on destruction and appropriation of Azerbaijan cultural monuments by Armenians, destruction of the ecological balance by Armenia in the invaded lands of Azerbaijan, both reflect the tragic results of the Armenian aggression against our country. In the period hereafter, our delegation succeeded as well to spread many important documents exposing Armenia's aggression. The proposals on the discussion of the Armenia-Azerbaijan, Nagorno-Karabakh conflict at the EC PA, are the following: "Education rights of the refugees and internally displaced persons (IDPs) in Azerbaijan in the context of further development of education in Europe", 2) "On the nuclear technologies and nuclear wastes in the occupied territories of the Azerbaijan Republic", 3) "On Observation of International Principles and Rules in the Member States of the EC". The report delivered by