Monday, October 14 2024 12:29
Marianna Mkrtchyan

Artsakh residents call on ICC Prosecutor to open investigation in  Nagorno-Karabakh

Artsakh residents call on ICC Prosecutor to open investigation in  Nagorno-Karabakh

ArmInfo. A group of Artsakh residents has petitioned the prosecutor of the International Criminal  Court (ICC) to launch an investigation into Azerbaijan's actions in Nagorno-Karabakh. 

The petition reads: 

Dear Prosecutor of the International Criminal Court,

We, the citizens of Nagorno-Karabakh (Artsakh) and other concerned  persons, appeal to you with a request to initiate an investigation  into the events that have occurred in Nagorno-Karabakh since  September 2020.

As is known, following Azerbaijan's large-scale military aggression  against the people of the Nagorno-Karabakh Republic (Republic of  Artsakh) from September 27, 2020, to October 4, 2023, 150,000  Armenians were forced to leave their historical homeland, where  Armenian civilizational heritage spans several millennia, under the  threat of physical annihilation. Currently, the entire territory of  Nagorno-Karabakh has been captured as a result of Azerbaijan's armed  aggression, 10-month siege, ethnic cleansing, and other genocidal  actions.

After the 44-day war from September 27 to November 9, 2020, the  leaders of Azerbaijan, Russia, and Armenia signed a Trilateral  Statement, according to which Russian troops were introduced into  Karabakh as a guarantor of the security of the civilian population  and the functioning of the Lachin corridor - the only road that  connected Karabakh with Armenia and the outside world. 

Although according to the legislation, Armenia is the guarantor of  the security of the people of Nagorno-Karabakh, and negotiations on  the status of Karabakh were conducted within the framework of the  OSCE Minsk Group co-chairmanship comprising Russia, the USA, and  France, Russia unilaterally introduced troops and for three years  blocked discussions and decisions in international instances. Russian  troops did not allow representatives of international organizations,  including the UN, UNESCO, and OSCE, into Karabakh, which prevented  the international community from documenting violations of the rights  of Karabakh residents and genocidal actions committed against them.

Civilians who left Karabakh during the 2020 war returned to the  partially occupied Karabakh under the guarantees of Russian troops,  personally Vladimir Putin, who publicly promised to stand guard over  the Armenian cultural heritage.

The aggression of September 19, 2023, and the deportation of the  Armenian population were also carried out in the presence of Russian  troops. Civilians remained in the blockaded Karabakh without  international security guarantees, which Russia, along with  Azerbaijan, torpedoed. Russian troops facilitated the disarmament of  Karabakh armed forces, which were trying to exercise their right to  self-defense on their own.

This all led to the violent displacement of the civilian population,  civilian casualties, including children, the loss of collective and  private property, and the destruction of graves and millennia-old  historical heritage."

A fact-finding mission carried out by Freedom House, International  Partnership for Human Rights, Democracy Development Foundation,  Helsinki Citizens' Assembly-Vanadzor, Protection of Rights without  Borders NGO, Law Development and Protection Foundation, and Truth  Hounds established that there is sufficient evidence to conclude that  the actions committed by Azerbaijani authorities and military, as  well as other acts mentioned in the Mission's report published under  the title "Why Are There No Armenians in Nagorno-Karabakh?",  constitute crimes under the Rome Statute of the International  Criminal Court, including Article 7 (crimes against humanity) and  Article 8 (war crimes), and meet the definition of deportation or  forcible transfer of population.

The crimes of Azerbaijan are also mentioned in the reports of the  international human rights organization Freedom House following their  fact-finding mission. Specifically, it is noted that Azerbaijan  deliberately created conditions in Nagorno- Karabakh (NK) that made  the presence and survival of the ethnic Armenian population  impossible. Freedom House has made a series of recommendations,  including calling for the International Criminal Court to conduct a  thorough investigation and possible prosecution of those responsible  for the horrific actions committed against the Armenians of  Nagorno-Karabakh. The organization emphasizes that the Azerbaijani  government has consciously and systematically carried out the forced  displacement of ethnic Armenians.   https://freedomhouse.org/article/interventions-2024-osce-warsaw-human-dimension-conference

What has happened in the region requires a thorough investigation and  assessment for violations of international law and human rights, as  well as for crimes against humanity, as indicated in the reports of  various international specialized organizations.

In 1992, the international community acknowledged the existence of  disputes over the status of Nagorno-Karabakh, recognizing the  contested nature of the territory. Armenia and Azerbaijan then became  participating states of the CSCE/OSCE on the condition that they  recognized the existence of disputes regarding the ownership of  Nagorno-Karabakh and agreed that the future status of  Nagorno-Karabakh would be determined at a peace conference under the  auspices of the CSCE/OSCE. Both countries committed to resolving the  issue solely through peaceful means.

Since then, Azerbaijan has committed aggression against  Nagorno-Karabakh four times: the first time from 1991 to 1994, the  second time in April 2016, the third time from September to November  2020, and finally for the fourth time on September 19- 20, 2023.

During the 10 months of the blockade that began on December 12, 2022,  Azerbaijani forces systematically terrorized the Armenian population  in various locations of Nagorno-Karabakh. We, Armenians, were  subjected to brutal psychological pressure:

- Azerbaijan blocked the gas supply from Armenia to Nagorno-Karabakh,  cut off power lines, leaving the region without electricity, and  periodically severed internet cables. All these communications passed  through the Lachin corridor, which was blocked. As a result,  hospitals and schools were left without heating, children could not  attend school, and electricity was drawn from the Sarsang reservoir,  which soon nearly dried up.

- Azerbaijanis threatened Armenians with physical harm if we did not  leave these lands, playing audio recordings with threatening messages  at high volume near populated areas.

- There have been multiple documented attacks on civilians, including  shelling of Armenian farmers working in their fields.  These actions  led to casualties among the civilian population and made agricultural  activities impossible, exacerbating the humanitarian crisis. Often,  they would allow people to cultivate the land, but during the harvest  season, they would shell the fields, preventing the collection of  crops.

- There have been reported killings of infrastructure workers, such  as cases of murder and injury of water management employees who were  repairing water pipes. A police vehicle was also shelled, resulting  in the deaths of Armenian police officers.

- Azerbaijani security forces have repeatedly taken peaceful Armenian  residents captive in the Lachin corridor at an illegal checkpoint,  making the most absurd accusations against them. 

Children in Nagorno-Karabakh will never forget the sounds of drones  and exploding shells.

This lawlessness is sponsored by the leadership of Azerbaijan, who  created unbearable living conditions for the Armenian population. The  latest aggression against Armenians on September 19, 2023, marked the  peak of Azerbaijan's crimes.  Settlements were cut off from regional  centers by Azerbaijani military forces, and communication with  Stepanakert was severed.

Following the forced deportation of Armenians from Nagorno-Karabakh,  Azerbaijan is systematically destroying all Armenian historical,  cultural, and spiritual heritage. Armenian historical monuments are  either being destroyed and erased from the face of the earth or  appropriated.

International courts, including the International Court of the UN,  have repeatedly obligated Azerbaijan to unblock the Lachin corridor  and, after the deportation of Armenians, to ensure their safe return  and to preserve our property and cultural heritage.  Azerbaijan  completely ignores court demands, not only through inaction but also  through statements, including hate rhetoric against Armenians.

However, the decisions of international courts have not mentioned  Russia's role or the obligations outlined in the Trilateral  Statement. The absence of such demands creates the impression that  Armenians returned after the 2020 war under the guarantees of  Azerbaijan for integration but failed to fulfill their obligations.

Dear Prosecutor,

Considering the scale and severity of the crimes, there are  compelling reasons to believe that actions falling under the  jurisdiction of the International Criminal Court, including war  crimes and crimes against humanity, have been committed in  Nagorno-Karabakh.

We ask you, Mr. Prosecutor, based on the information presented, to  initiate an official investigation into the events in Nagorno-  Karabakh. Your intervention could be a crucial step toward  establishing the truth and justice, holding those responsible  accountable, and preventing similar tragedies in the future.

The petition is available here:   https://www.change.org/p/call-on-the-icc-prosecutor-to-open-an-investigation-in-nagorno- karabakh?recruiter=9706206&recruited_by_id=15fab420-ee29-012f-b34a- 404046835f95&utm_source=share_petition&utm_campaign=psf_combo_share_initial&utm_term=petition _dashboard&utm_medium=copylink&utm_content=cl_sharecopy_490247137_en-US%3A3.

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