Arminfo.info


 Tuesday, August 8 2023 14:51
Marianna Mkrtchyan

Opinion: remedial secession of Artsakh from autocratic Azerbaijan is  only viable solution to avoid new genocide against indigenous  Armenian population

Opinion: remedial secession of Artsakh from autocratic Azerbaijan is  only viable solution to avoid new genocide against indigenous  Armenian population

ArmInfo.  The two international law principles that are constantly used within the Artsakh/Nagorno  Karabakh case are self- determination and territorial integrity.  Edita Gzoyan, deputy director for scientific works of the Armenian Genocide Museum-Institute, shares a similar opinion.

The expert stated that territorial integrity and self-determination  of nations are two principles of the international law, which raise  many debates because of a supposed contradiction. 

"Meanwhile, territorial integrity refers to the protection of an  independent state's territory from aggression of other states, while  self-determination is defined as a right of nations to freely decide  their sovereignty and political status without external compulsion or  outside interference. Thus, territorial integrity is closely  connected with a basic order in interstate relations among sovereign  independent states, while self-determination is a fundamental human  right and refers to the relations between an independent state and a  people," she said.

At the same time she noted, that according to modern international  law the right to self- determination did not involve necessarily a  right to independence, but rather the recognition of "every right  accorded to minorities under international convention as well as  national and international guarantees consistent with the principles  of international law" in other words - internal self-determination. 

"However, once the latter guarantee fails, the people are entitled to  the right to external self-determination, that is - unilateral  secession. The right to secession arises when the oppression and  discrimination cross a certain threshold that threatens the survival  of the group. Secession as a response to gross human rights  violations has been termed as remedial secession - "secession  accomplished in an attempt to remediate an ongoing situation."

State and judicial practice demonstrates the existence of the right  to remedial secession conditioned upon some requirements. The seeds  of remedial secession and its requirements have been planted in a  famous  land Islands Case. Here the International Committee of  Jurists "articulated the following requirements for justifiable  secession when the parent state opposes it: 1) those wishing to  secede were "a people"; 2) they were subject to serious violations of  human rights at the hands of the parent state; and 3) no other  remedies were available to them."

The fact that the populations of Bangladesh (East Pakistan), Kosovo,  East Timor and South Sudan was subjected to an excessive violence and  in some cases, genocide, was another crucial moment for the  implementation of the right of remedial succession and recognition of  the legitimacy of their independence by the international community.   Given the violent history of the Nagorno-Karabakh conflict,  persistent persecutions, massacres and discrimination against the  Armenians of the region, more recently the 2020 war and the violence  against the civilians, persistent eradication of Armenian cultural  heritage in order to erase any trace of Armenian presence and the  rhetoric from Baku, the threat of ethnic cleansing and nowadays  genocide by attrition perpetrated by the Azeri government against the  people of Artsakh, are all facts of gross human rights violation and  an attempted genocide. 

Thus, if considering the Artsakh issue within the self-determination  territorial integrity dilemma, a remedial secession of Artsakh from  an autocratic, totalitarian Azerbaijan is not only in full conformity  with international law, both explicitly and normatively, but it is  also the only viable solution to avoid a new genocide against the  indigenous Armenian population," Gzoyan  concludes.

POST A COMMENT
Input digits     

News
Authorities Ban Second President, Leader of Authorities Ban Second President, Leader of "Armenia" Alliance, From Leaving the Country
CEC Neutralizes PAP: Three Political Forces to Enter Armenian Parliament Following Election VoteCEC Neutralizes PAP: Three Political Forces to Enter Armenian Parliament Following Election Vote
Armenian Cinema Fund postpons screening ofArmenian program at Annecy  Festival due to dispute over film rightsArmenian Cinema Fund postpons screening ofArmenian program at Annecy  Festival due to dispute over film rights
8,000 cardiovascular operation performed in Armenia under health  insurance program in five months - Ministry of Health8,000 cardiovascular operation performed in Armenia under health  insurance program in five months - Ministry of Health
Relations between Armenia and Nordic countries based on mutual  respect, trust, and shared values - Mher GrigoryanRelations between Armenia and Nordic countries based on mutual  respect, trust, and shared values - Mher Grigoryan
 Anti-Corruption Committee: Opposition party reps detained in Lori  over bribery of voters Anti-Corruption Committee: Opposition party reps detained in Lori  over bribery of voters
Mher Grigoryan: Accumulated experience of Armenian-Russian  cooperation valuable asset to preserve regardless of configuration of  international relationsMher Grigoryan: Accumulated experience of Armenian-Russian  cooperation valuable asset to preserve regardless of configuration of  international relations
Court grants motion to remand son of Armenia`s former finance  minister into custodyCourt grants motion to remand son of Armenia`s former finance  minister into custody
 Russian Ambassador: Russian-Armenian relations enter phase of  reassessment and adaptation to evolving global and regional realities Russian Ambassador: Russian-Armenian relations enter phase of  reassessment and adaptation to evolving global and regional realities
Kocharyan: Violations recorded during Armenian parliamentary  elections sufficient to deem them illegitimateKocharyan: Violations recorded during Armenian parliamentary  elections sufficient to deem them illegitimate
Court extends pretrial  detention for defendant in Azat village  military barracks fire caseCourt extends pretrial  detention for defendant in Azat village  military barracks fire case
"Wings of Unity" party intends to file petition with Central  Electoral Commission  to invalidate parliamentary elections
Armenian MFA sends congratulatory message to Russian Foreign Ministry  on Russia DayArmenian MFA sends congratulatory message to Russian Foreign Ministry  on Russia Day
Samvel Karapetyan announces his intention to remain in politicsSamvel Karapetyan announces his intention to remain in politics
 Golden Apricot unveils its main poster for 2026 Golden Apricot unveils its main poster for 2026
Former Armenian Defense Minister fails to appear in court due to  medical treatment.Former Armenian Defense Minister fails to appear in court due to  medical treatment.
Armenia participates in  CIS MFA Advisory Council of Consuls  in  MinskArmenia participates in  CIS MFA Advisory Council of Consuls  in  Minsk
Armenia`s Investigative Committee announces  arrest of political  scientist Alen GhevondyanArmenia`s Investigative Committee announces  arrest of political  scientist Alen Ghevondyan
Expert: Public participation in decision-making essential for  sustainable urban development Expert: Public participation in decision-making essential for  sustainable urban development 
 President of Uzbekistan: Through joint efforts, we can expand  mutually beneficial Armenian-Uzbek cooperation President of Uzbekistan: Through joint efforts, we can expand  mutually beneficial Armenian-Uzbek cooperation
Putin congratulates head of Russian and New Nakhichevan Diocese of  AAC on Russia DayPutin congratulates head of Russian and New Nakhichevan Diocese of  AAC on Russia Day
Earthquake hits Azerbaijan; tremors felt in ArmeniaEarthquake hits Azerbaijan; tremors felt in Armenia
102nd Russian military base in Gyumri celebrates Russia Day  102nd Russian military base in Gyumri celebrates Russia Day  
Yerevan Mayor to  opposition: They have no idea  what awaits themYerevan Mayor to  opposition: They have no idea  what awaits them
 Armenia`s CEC annuls  results of another polling station Armenia`s CEC annuls  results of another polling station
PAP supporters  protest outside Armenia`s CEC, demanding repeat votes  at polling stations with annulled election resultsPAP supporters  protest outside Armenia`s CEC, demanding repeat votes  at polling stations with annulled election results
IDBank issued the 4th and 5th tranches of bonds of 2026IDBank issued the 4th and 5th tranches of bonds of 2026
Samvel Karapetyan proposes runoff or fresh parliamentary elections in  ArmeniaSamvel Karapetyan proposes runoff or fresh parliamentary elections in  Armenia
Serzh Sargsyan: Only idiot would think I could justify someone who  betrayed my homelandSerzh Sargsyan: Only idiot would think I could justify someone who  betrayed my homeland
RPA still believes it is necessary to fight country`s current  authorities - MamijanyanRPA still believes it is necessary to fight country`s current  authorities - Mamijanyan
Mutual readiness for open and constructive dialogue will continue to  strengthen cooperation between Armenia and Russia - RA premier Mutual readiness for open and constructive dialogue will continue to  strengthen cooperation between Armenia and Russia - RA premier 
Russian-Armenians` participation in Armenia`s electoral processes  focus of country`s law enforcement systemRussian-Armenians` participation in Armenia`s electoral processes  focus of country`s law enforcement system
Narek Karapetyan prevented from leaving ArmeniaNarek Karapetyan prevented from leaving Armenia
Delegation of RA MoD participates in a meeting of Executive Academic  Council of European Security and Defence CollegeDelegation of RA MoD participates in a meeting of Executive Academic  Council of European Security and Defence College
Incident in village of Orgov disturbing - ministerIncident in village of Orgov disturbing - minister
PAP: CEC`s decision to annul voting results at two polling stations  calls into question legitimacy of parliamentary electionsPAP: CEC`s decision to annul voting results at two polling stations  calls into question legitimacy of parliamentary elections
On June 12, Strong Armenia bloc appealed to CEC demanding thatresults  of parliamentary elections be declared invalidOn June 12, Strong Armenia bloc appealed to CEC demanding thatresults  of parliamentary elections be declared invalid
Strong Armenia: CEC`s refusal to hold re-run of polling stations  where results annulled would mean crossing democratic red linesStrong Armenia: CEC`s refusal to hold re-run of polling stations  where results annulled would mean crossing democratic red lines
Team Telecom Armenia recognized as Leading Non-Financial Issuer in  Listed Equities MarketTeam Telecom Armenia recognized as Leading Non-Financial Issuer in  Listed Equities Market
PAP calls on its supporters to come to CEC to defend their right to  freedom of expressionPAP calls on its supporters to come to CEC to defend their right to  freedom of expression
Program to protect Lake Sevan ecosystem being implemented in Armenia  with ADB financial supportProgram to protect Lake Sevan ecosystem being implemented in Armenia  with ADB financial support
Law enforcement officers raid apartment of Mother Armenia party board  member Law enforcement officers raid apartment of Mother Armenia party board  member 
ANC considers June 7 parliamentary elections results illegitimateANC considers June 7 parliamentary elections results illegitimate
Scientific Intelligentsia – A Strategic Resource for the Sustainable Development of TurkmenistanScientific Intelligentsia – A Strategic Resource for the Sustainable Development of Turkmenistan
RA CEC annulment of voting results at two polling stations once again  calls into question PAP`s bid for parliamentRA CEC annulment of voting results at two polling stations once again  calls into question PAP`s bid for parliament
Lightning strike destroys bridge in Armenia - MIALightning strike destroys bridge in Armenia - MIA
RA authorities are trying by all means possible to prevent PAP from  entering the country`s parliament - Iveta TonoyanRA authorities are trying by all means possible to prevent PAP from  entering the country`s parliament - Iveta Tonoyan
Armenian national football team  ranks 107th in  FIFA rankingsArmenian national football team  ranks 107th in  FIFA rankings
Archbishop Bagrat Galstanyan not delighted with  election results,  but considers them step forward Archbishop Bagrat Galstanyan not delighted with  election results,  but considers them step forward "in fight against  evil authorities"
"Strong Armenia" bloc to appeal CEC requesting annulment of June 7  parliamentary election results
Belgium remains committed to strengthening its partnership with  Armenia - WeverBelgium remains committed to strengthening its partnership with  Armenia - Wever
 Politician: Statement by Armenia`s third president may deprive  opposition of only political basis for ousting Pashinyan Politician: Statement by Armenia`s third president may deprive  opposition of only political basis for ousting Pashinyan
SRC Chairman assures: No political element in Tsarukyan caseSRC Chairman assures: No political element in Tsarukyan case
A group of European parliamentarians issue assessment on Armenia`s  parliamentary electionsA group of European parliamentarians issue assessment on Armenia`s  parliamentary elections
IMF Managing Director congratulates Armenian Prime Minister on  election victoryIMF Managing Director congratulates Armenian Prime Minister on  election victory
Erdogan congratulates Pashinyan on election victoryErdogan congratulates Pashinyan on election victory
Issues related to missing persons must be resolved through  cooperation - PashinyanIssues related to missing persons must be resolved through  cooperation - Pashinyan
Ardshinbank Once Again Becomes Flagship Sponsor of the EBRD Annual Meeting and Business ForumArdshinbank Once Again Becomes Flagship Sponsor of the EBRD Annual Meeting and Business Forum
Spokesperson for Prosperous Armenia Leader responds to Prime  Minister`s statementsSpokesperson for Prosperous Armenia Leader responds to Prime  Minister`s statements
Former Armenian Justice Minister calls opposition`s acceptance of  mandates alogical amid mass election violationsFormer Armenian Justice Minister calls opposition`s acceptance of  mandates alogical amid mass election violations
Read more



Commented