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Azerbaijan’s Permanent Mission to UN submitted two more documents to the UN Security Council and General Assembly.
According to the draft resolution on “The situation in the occupied territories of Azerbaijan” adopted in the 62nd session of the UN General Assembly on March 14, 2008, the General Assembly requested the Secretary General to submit a comprehensive report on the implementation of the present resolution. Taking this opportunity, Azerbaijan submitted four reports to the UN General Assembly and Security Council.
One of the documents is Azerbaijan’s Permanent representative to UN Agshin Mehdiyev’s report to the UN Secretary General entitled “Support by States Members of the United Nations and international organizations to Azerbaijan’s position on the conflict in and around the Nagorny Karabakh region of Azerbaijan”. 11-page report described the international support to Azerbaijan during the Armenia’s military aggression against Nagorno Karabakh and nearby regions and in the following period. The statements made by the Organization of the Islamic Conference, UN Security Council and General Assembly, US State Department, foreign ministries of Russia, Iran and Turkey, European Union, Council of Europe, NATO, Economic Cooperation Organization in Turkey in 1993, OSCE Chairmanship during the Minsk Conference in that year, and the resolutions adopted by the above-mentioned organizations in respect to the territorial integrity of Azerbaijan, were submitted to the UN Secretary General. UN General Assembly resolution 62/243 adopted on March 14, 2008 completed the list of documents. The letter quoted that resolution as saying: “The General Assembly reaffirms continued respect and support for the sovereignty and territorial integrity of the Republic of Azerbaijan within its internationally recognized borders; demands the immediate, complete and unconditional withdrawal of all Armenian forces from all the occupied territories of the Republic of Azerbaijan; reaffirms the inalienable right of the population expelled from the occupied territories of the Republic of Azerbaijan to return to their homes, and stresses the necessity of creating appropriate conditions for this return, including the comprehensive rehabilitation of the conflict-affected territories”.
The second letter sent to the UN Secretary General was entitled as “Report on the international legal responsibilities of Armenia as the belligerent occupier of Azerbaijani territory”. 30-page report requested to answer to three questions:
1. Is Armenia an occupier in international law of Azerbaijani territory?
2. If so, what are Armenia’s duties as an occupier of Azerbaijani territory with regard to issues as the maintenance of public order, the preservation of Azerbaijani legal system, and the protection of human rights in the territory in question?
3. How may Armenia’s responsibilities be monitored and enforced in international law?
It was stated in the report that international law historically dealt with question of territory of a state as part of what used to be called the law of war and what is now called the international humanitarian law. The law is essentially laid down in three instruments, being the Regulations annexed to 1907 Hague Convention IV (“the Hague Regulations”), 1949 Geneva Convention on the Protection of Civilians in Time of War, and Additional Protocol I to Geneva Convention. The report made by Azerbaijani Permanent Mission to the UN says that Armenia had ratified thee three documents. Therefore it is a member of international legal system. The report based on Helsinki Final Act, which is among facts that proved Armenian aggressions according to international legal norms.
“Accordingly, they will refrain from any action inconsistent with the purposes and principles of the Charter of the United Nations against the territorial integrity, political independence or the unity of any participating State, and in particular from any such action constituting a threat or use of force.
The participating States will likewise refrain from making each other’s territory the object of military occupation or other direct or indirect measures of force in contravention of international law, or the object of acquisition by means of such measures or the threat of them. No such occupation or acquisition will be recognized as legal,” said in a document.
The report also quoted Human Rights Watch 1994 World Report, official reports of UN Human Rights Committee and Committee on Economic, Social and Cultural Rights, annual reports of US Department of State, Freedom House 2006 report, International Crisis Group 2005 report, Parliamentary Assembly of the Council of Europe Resolution (2005), UN Security Council’s four Resolutions, General Assembly Resolution 62/243 on the situation in occupied territories of Azerbaijan.
The report envisages that Armenia should take commitments under 21 Articles. The report proved that Armenian actions in Nagorno Karabakh and regions around it is applicable to international humanitarian legal articles, it is impossible to establish an official sovereignty upon these lands legally , Armenia bears responsibility for 4210 Azerbaijani missing people and persons participated in military crimes should be held accountable.
This is fourth Report of Azerbaijani Permanent Mission to the UN submitted to General Assembly and Security Council. First two reports were sent to important organizations on December 24, 29 last year. The first Report is about legal complications of Armenian Republic’s military aggression against Azerbaijan Republic” and the other is “Report about self-determination against the background of basic norm of the states’ territorial integrity and Armenia’s revisionist claims”.
