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Baku admitted multiple times: Nagorno-Karabakh is not Azerbaijan and uses the silence of the world as a permit for genocide

AGA-Tribunal

07.11.2020

in Russian – https://aga-tribunal.info/manasyan-31-10-2020/

in French – https://aga-tribunal.info/manasyan-31-10-2020-fr/

Russian information agency REGNUM on October 31, 2020 made a publication of a new article by Ph.D. in philosophy Alexandr Manasyan.

Below is a translation in English.

Abstract

Nagorno-Karabakh does not belong to Azerbaijan BY RIGHT. The world knows about this, but ignores the law. And Baku uses this as a permit for genocide.

Baku admitted: Nagorno-Karabakh is not Azerbaijan

A. Manasyan

“Nagorno-Karabakh is Azerbaijan!” is the slogan with which Azerbaijani President Ilham Aliyev sent his army and the terrorists to the fierce war. But the documents on Nagorno-Karabakh (NK) adopted by Baku itself or with its participation prove the opposite.


DOCUMENT 1. Decision of the Fifth Committee of the Assembly of the League of Nations of 20.11.1920 on the rejection of Azerbaijan’s request for admission to the League of Nations due to its territorial disputes (League of Nations. The Records of the First Assembly.Meetings of the Committees II. Geneva, 1920, p. 173-174).

Excerpt: Paragraph 166. “League of Nations, reports unfavorably with regard to its (Azerbaijan) admission and refers the question back to the Assembly. At the 28th plenary meeting of the Assembly the report (A. D. 175) that “the Azerbaijan does not appear to have a stable government whose authority extends over the whole territory” was put to the vote on the question of admission without discussion. The ballot resulted: 29 states voted; states voted aye; 29 states voted no; 13 abstentions and absent.
https://archive.org/stream/firstassemblyofl00worlrich/firstassemblyofl00worlrich_djvu.txt

«… whether it would be possible to admit to the League of Nations a State which did not appear to fulfill all the conditions laid down in the Covenant, in particular, those concerning stability and territorial sovereignty, and which, further, had not been recognized de jure by any Member of the League of Nations.» (Yu. Barsegov. nagorno-Karabakh in international law and world politics, Moscow, 2008, p. 574)

Note to the document

There are no documents before 1918, because there was no political entity called Azerbaijan. In April 1920, the Azerbaijan Democratic Republic (ADR) left history without any established or recognized borders.

DOCUMENT 2. Declaration of the Azerbaijani Revolutionary committee (AzRevcom) in connection with the establishment of Soviet power in Armenia from 2.12.1920 // “Kommunist” newspaper, Baku, 2.12.1920.

Excerpt: “The territories of Zangezur and Nakhichevan districts are an inseparable part of Soviet Armenia, and the working peasantry of NK is given absolute freedom for self-determination.”

Note

A day earlier, Baku announced its renunciation of its claims to NK. The same declaration recognizes the right of NK for complete self-determination.

DOCUMENT 3. Declaration of 12.6.1921on announcing NK as a constituent part of the Armenian SSR // “Khorurdayin Hayastan” newspaper (Yerevan), 12.6.1921.

Note

This declaration is based on the decision of the Plenipotentiaries’ Congresses of NK of 1918-1920, which proclaimed NK as an integral part of the Republic of Armenia (RA), as well as on recognition of the right of NK to full self-determination by Baku.

DOCUMENT 4. Plenum of the Caucasian Bureau of the Russian Communist Party (RCP)(b) on the inclusion of the NK in the Armenian SSR (ArmSSR) and on the transfer of the issue to the final decision in the Central Committee of the RCP (b) // Archive CPA IML. F. 64, op. 2, d.1, l. 118.

Excerpt: “… To hold a plebiscite only in NK, that is, only among the Armenians. Votes ‘’for’’: Ordzhonikidze, Myasnikov, Figantner, Kirov, Nazaretyan. It was decided: to include NK in the ArmSSR, to hold a plebiscite only in NK ”.

Note

The expression “to include Nagorno-Karabakh in the ArmSSR” is in fact false, since NK had already been declared an integral part of Soviet Armenia.

DOCUMENT 5. Decision of the Plenum of the Caucasian Bureau of the RCP (b) of 5.7.1921 on the inclusion of the NK in the Azerbaijan SSR (AzSSR) // Archive CPA IML, f. 17, op. 13, d.384, l. 67.

Excerpt: “a) Proceeding from the need for national peace between Muslims and Armenians, permanent economic ties between Upper and Lower Karabakh, its ties with Azerbaijan, NK is to leave within the AzSSR, granting it broad regional autonomy with the administrative center in Shushi, which is part of autonomous region. b) Instruct the Central Committee of the AzSSR to determine the boundaries of the autonomous region and submit for approval to the Caucasian Bureau of the Central Committee of the RCP. c) Instruct the Presidium of the Caucasian Bureau of the Central Committee to negotiate with the Central Committee of Armenia and the Central Committee of Azerbaijan at the emergency committee of NK. d) The scope of the NK’s autonomy is to be determined by the Central Committee of Azerbaijan and submitted to the Caucasus Bureau for approval.”

Notes

1. Unlike the decision of the previous day, the decision of the Caucasus Bureau of July 5 was neither discussed nor put to a vote, that is, it was not adopted.

2. In the preamble of the decision, the notions Nagorno-Karabakh and Azerbaijan are used as geographically different concepts, indicating that Nagorno-Karabakh is not Azerbaijan.

3. The words “leave within the AzSSR” were used in the decision opposing the fact that NK had already been declared an integral part of the Armenian SSR.

4. The decision to grant NK “broad regional autonomy” directly indicates that this status is granted to the entire NK, as the first name of the autonomy – the Autonomous Region of Nagorno-Karabakh (ARNK) indicated.

DOCUMENT 6. Decree of the Azerbaijani Central executive Committee (AzCEC) of Soviets on the formation of the Autonomous Region of Nagorno-Karabakh dated 7.7.1923 // Collection of legal acts and orders of the Workers’ and Peasants’ Government of the AzSSR for 1923, Baku, 1923, pp. 384-385.

Excerpt: “1. To form an autonomous region from the Armenian part of NK as an integral part of the AzSSR, with the center in the town of Khankendi… Note: All pastures, forests, orchards and actual ownership of water are retained by the current owners…”.

Notes

1. Having violated the illegal and actually not adopted decision of the Caucasus Bureau, Baku decreed autonomy only on one fourth of NK. In 1936, the region was renamed as the Nagorno-Karabakh Autonomous Region (NKAR), reflecting the fact of the plunder of 75% of the region’s territory already within the AzSSR.

2. The decree confirmed that the territories belonged to the Armenians: “All pastures, forests, orchards and actual ownership of water shall be retained by the current owners.”

DOCUMENT 7. Law of the USSR “On the procedure for resolving issues related to the secession of the union republic from the USSR” dated April 3, 1990 // Bulletin of the Congress of People’s Deputies of the USSR and the Supreme Council of the USSR, 1990, N15, art. 252.

Excerpt: “Article 3. In case the Soviet Republic has autonomous republics, autonomous regions or autonomous territories within its borders, referendums are to be conducted separately in each of the autonomies. The people residing in the autonomies are given a right to independently decide whether to remain in the Soviet Union or in the seceding Republic as well as to decide on their state legal status. Referendum results are to be considered separately for the territory of a Soviet Republic with a compactly settled ethnic minority population, which constitutes majority on that particular territory of the Republic.” https://karabakhfacts.com/1990-ussr-law-on-the-procedure-of-secession-of-a-soviet-republic-from-the-ussr/ and http://soviethistory.msu.edu/1991-2/shevarnadze-resigns/shevarnadze-resigns-texts/law-on-secession-from-the-ussr/

Note

The law secured the priority of the self-determination principle of peoples in relation to the arbitrarily established borders of the union republics, confirming that outside the political and legal system of the USSR the autonomous formations retain the right to independently resolve the issue of their national and state status up to the declaration of sovereignty. This was another act of recognition of the NK’s right to self-determination in favour of which the deputies of the Supreme Soviet of the USSR from the AzSSR also voted. The law gave the NKAR and the adjacent Armenian-populated Shahumyan region the full right to proclaim a sovereign state after Baku proclaimed the restoration of ADR that existed in 1918-1920, that was legally tantamount to its exit from the USSR.

DOCUMENT 8. Declaration of the Supreme Council of the Republic of Azerbaijan of 30.8.1991 on the restoration of the state independence of the Republic of Azerbaijan // “Bakinskiy Rabochiy” newspaper, 3.9.1991.

Excerpt: “Guided by the highest state interests of the people of Azerbaijan and expressing their will, noting that from 1918 to 1920 the Republic of Azerbaijan existed as an independent state recognized by the international community… the Supreme Council of the Republic of Azerbaijan proclaims the restoration of the state independence of the Republic of Azerbaijan.”

Note

The affirmation of the international recognition of the Republic of Azerbaijan is refuted by the decision of the Fifth Committee of the Assembly of the League of Nations to reject Azerbaijan’s request for admission to the League of Nations, cited above (Doc. 1).

DOCUMENT 9. Declaration on the proclamation of the Nagorno-Karabakh Republic adopted on 2.9.1991 // Coll. The status of Nagorno-Karabakh in political and legal documents, Yerevan, 1995, pp. 69-70.

Excerpt: “On September 2, 1991, a joint session of the Councils of People’s Deputies of the Nagorno-Karabakh Autonomous Oblast and Shahumyan Region was held with the participation of Deputies of all levels. Guided by the decisions of the sessions of the Regional Council of the Nagorno-Karabakh Autonomous Oblast on the withdrawal of the autonomous region from the Azerbaijani SSR, adopted on February 20, June 21 and July 12, 1988; as well as considering the Declaration of the Supreme Council of the Azerbaijani SSR of August 30, 1991 “On Restoring the State Independence of the Democratic Republic of Azerbaijan of 1918-1920”, and taking as a basis the relevant provision of the Constitution of the USSR, the session proclaimed the Nagorno-Karabakh Republic”. http://www.nankr.am/en/32

Note

The declaration refers to the refusal of the succession of the Azerbaijan SSR by the Republic of Azerbaijan and the restoration of the ADR, which had not acquired factually established or recognized borders. NK was not a part of the ADR in 1918-1920, which lead to the legal conclusion that in 1991 the NKR was proclaimed in the territories not belonging to the Republic of Azerbaijan.

DOCUMENT 10. The Constitutional Act on the State Independence of the Republic of Azerbaijan dated 18.10.1991 // “Bakinskiy Rabochiy” newspaper, 7.11.1991.

Excerpt: “… Russia brought its troops to Azerbaijan violating the international legal norms on April 27-28 of 1920 without declaring the war, occupied the territory of the Republic of Azerbaijan, overthrew the legally elected state bodies and put an end to the independence of the Azerbaijani people gained at the expense of great sacrifice.

… Article 2. The Republic of Azerbaijan is the heir of the Republic of Azerbaijan that existed from May 28, 1918 till April 28 of 1920.”.https://republic.preslib.az/en_d2.html

Notes

1. The statement about the restoration of the centuries-old traditions of the statehood of the Azerbaijani people is devoid of factual content, since neither the Azerbaijani state, nor the Azerbaijani people were known to the history until the 20th century.

2. Having proclaimed itself the successor of the ADR, the Republic of Azerbaijan also lost those illegal rights in relation to NK, which the Bolsheviks gave to the Azerbaijan SSR.

DOCUMENT 11. Statement of the “twelve” on the future status of Russia and other former republics (Brussels, The Hague, 23.12.1991)

Excerpt: “By the decision of the European Council… On 16.12.1991 a meeting of the EU Council at the level of foreign ministers was held in Brussels… The general approach of the “twelve” to the issue of official recognition of new states on the territory of the Soviet Union and in Eastern Europe was determined… The following criteria for official recognition were agreed…”

“…respect for the inviolability of all frontiers which can only be changed by peaceful means and by common agreement.” http://hist.asu.ru/aes/EFP_Documents_0415158222.pdf (p. 282)

Note

The Statement announced the EU conditions for the recognition of new states in the post-Soviet space. On December 21, 1991, at the meeting in Alma-Ata, the leaders of 11 republics, including Armenia and Azerbaijan, agreed to it. The EU did not elaborate on the legal basis for the condition presented. Only later did legal scholars agree that the new states were recognized according to the principle of Uti possidetis, according to which the territories and borders that they had before were recognized for the states gaining independence. But this condition turns out to be inapplicable to the Republic of Azerbaijan. The Republic of Azerbaijan, which had refused the succession of the AzSSR the day before, lost its legal relations with Nakhichevan and Nagorno-Karabakh, which were forcibly included in the AzSSR in 1921. At the time of the adoption of the Declaration, Baku had neither political nor administrative control over Nagorno-Karabakh. It did not own Nagorno-Karabakh, as it was supposed by the principle of Uti possidetis.

Postscriptum:

Recognition of the Republic of Azerbaijan with territories that do not legally belong to it was understood in Baku as the right to continue the genocidal policy, which in implicit and explicit forms it adhered to throughout the Soviet years. Nowadays the conflict resolution is driven into a dead end of the contradiction, false for this case, between the principles of peoples’ self-determination and the territorial integrity of states. The right of self-determination of the NK people has been recognized many times (see Docs. 2 and 7), including recognition by Baku itself. The principle of territorial integrity is not applicable to Azerbaijan due to the valid Treaty of Kars of 1921 and the absence of grounds for Azerbaijan’s sovereignty over NK.

Conclusions

Nagorno-Karabakh does not belong to Azerbaijan BY RIGHT. The world knows about this, but ignores the law. And Baku uses this as a permit for genocide.

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