The Nagorno-Karabakh Conflict : A Legal Analysis

Dr. Heiko Krüger is an attorney at law and commentator on international and European legal affairs in Berlin, Germany. His research interests include secession conflicts, conflict resolution, the conduct of states and the implications of such action. Dr. Krüger is particularly concerned with secession conflicts in the Caucasus region and the Kosovo case. After obtaining his doctorate in law, he worked as a legal clerk at the German Ministry of Foreign Affairs and the Scientific Department of the German Parliament. He has served as a member of the Ethics Committee of the State of Berlin since 2006. This treatise is primarily concerned with the legal aspects of the Nagorno-Karabakh conflict. Current developments make it clear that the juristic aspects of secession conflicts are successively becoming blurred. Also, their significance is being superseded within the framework of conflict resolution attempts. The controversial recognition of Kosovo by several states in 2008 as well as the equally questionable recognition of Abkhazia and South Ossetia by Russia are merely two aspects. The aim of this treatise is therefore to focus more strongly on the legal positions, and in particular to underline the importance of principles of international law in connection with the Nagorno-Karabakh conflict. The analysis concentrates on two aspects of the Nagorno-Karabakh conflict. On the one hand the legitimacy or illegitimacy of the secession of Nagorno-Karabakh is scrutinised in accordance with Soviet law and international law. In this respect, the current developments in the cases of Kosovo, Abkhazia and South Ossetia are also taken into account. On the other hand, insight is provided into how the conduct of the Republic of Armenia is to be assessed from an international law perspective. This Treatise Is Primarily Concerned With The Legal Aspects Of The Nagorno-karabakh Conflict. Current Developments Make It Clear That The Juristic Aspects Of Secession Conflicts Are Successively Becoming Blurred. Also, Their Significance Is Being Superseded Within The Framework Of Conflict Resolution Attempts. The Controversial Recognition Of Kosovo By Several States In 2008 As Well As The Equally Questionable Recognition Of Abkhazia And South Ossetia By Russia Are Merely Two Aspects. The Aim Of This Treatise Is Therefore To Focus More Strongly On The Legal Positions, And In Particular To Underline The Importance Of Principles Of International Law In Connection With The Nagorno-karabakh Conflict. -- The Analysis Concentrates On Two Aspects Of The Nagorno-karabakh Conflict. On The One Hand The Legitimacy Or Illegitimacy Of The Secession Of Nagorno-karabakh Is Scrutinised In Accordance With Soviet Law And International Law.in This Respect, The Current Developments In The Cases Of Kosovo, Abkhazia And South Ossetia Are Also Taken Into Account. On The Other Hand, Insight Is Provided Into How The Conduct Of The Republic Of Armenia Is To Be Assessed From An International Law Perspective. --book Jacket. Machine Generated Contents Note: I.object Of Investigation -- Ii.historical Outline -- 1.legal Significance Of History -- 2.from Antiquity To The Early Modern Period: Ethnic Dislocations And Intermixing Under Muslim Rule -- 3.. Later Modern Period: Waves Of Armenian Immigration -- 4.beginning Of The 20th Century: Between The Fronts Of The Great Powers -- 5.soviet Era: Nagorno-karabakh As An Autonomous Region In The Azerbaijan Ssr -- 6.post-soviet Era: War, Ceasefire And An Unresolved Conflict -- Iii.analysis Under Ussr Law -- 1.validity Of The Law Of The Ussr -- 2.territorial Status Of Nagorno-karabakh -- 3.secession Of Nagorno-karabakh Under The 1977 Constitution Of The Ussr? -- 4.the Secession Of Nagorno-karabakh Under The 1990 Law On Secession Of The Ussr? -- A.right To Secession Under Art. 3 Para. 1 Sentence 2 Of The 1990 Law On Secession Of The Ussr -- Aa.constitutionality Of Art. 3 Para. 1 Sentence 2 Of The Law On Secession -- Note Continued: Bb.validity And Interpretation Of Art. 3 Para. 1 Sentence 2 Of The Law On Secession -- B.) Exercise Of The Right To Secession Under Art. 3 Para. 1 Sentence 2 Of The 1990 Law On Secession Of The Ussr -- Aa.secession Procedure Of The Azerbaijan Ssr Under The Law On Secession -- Bb.formal Initiation Of The Secession Procedure Under The Law On Secession -- Cc.further Conditions Under The Law On Secession -- 5.effects Of The Revocation Of The Autonomous Status -- 6.preliminary Conclusion -- Iv.analysis Under International Law -- 1.nagorno-karabakh As An Original Component Of The Republic Of Azerbaijan -- A.affiliation Of Nagorno-karabakh In Accordance With The Uti Possidetis Principle -- B.effects Of The Establishment Of Bolshevist Hegemony In The Caucasus Region In 1920/1921 And The Decisions Of The Caucasian Bureau Of 1921 -- C.effects Of Shifts In Administrative Responsibilities Between 1989 And 1991 -- Note Continued: D.effects Of The Azerbaijani Constitutional Declaration Of 1991 -- 2.the Principle Of Territorial Integrity Under International Law -- A.characteristics Of The Principle Of Territorial Integrity -- B.relevance Of The Principle Of Territorial Integrity -- C.general Scope Of The Principle Of Territorial Integrity In Light Of The Right To Self-determination Of Peoples -- 3.exceptions To The Principle Of Territorial Integrity: Right To Self-determination And Rights To Secession -- A.secession On The Basis Of A Decision Of The Whole People Of A State -- B.right To Secession Of Ethnic Peoples -- C.right To Secession Of Ethnic Groups And Minorities Due To Crimes Under International Law, Systematic Discrimination And Massive Human Rights Violations -- Aa.international Treaties -- Bb.customary International Law -- Cc.general Principles Of Law -- D.right To Secession Of Ethnic Groups And Minorities Political Discriminations -- Note Continued: E.right To Secession After Annexation -- F.de Facto Secession -- 4.preliminary Conclusion -- I.object Of Investigation -- Ii.violation Of The Prohibition On The Use Of Force In International Law -- 1.applicability Of The Prohibition On The Use Of Force -- 2.violation Of The Prohibition On The Use Of Force -- A.scope Of Protection -- B.factual Analysis -- Aa.period From 1986 To May 1992 -- Bb.period From June 1992 To October 1993 -- Cc.period From October 1993 To May 1994 -- Dd.period From May 1994 -- C.justifications: Exceptions To The Prohibition On The Use Of Force -- Aa.written Justifications -- Bb.unwritten Justifications -- Iii.violation Of The Prohibition On Intervention Under International Law -- Iv.preliminary Conclusion -- Charter Of The United Nations (extracts) -- Friendly Relations Declaration (extracts) -- Un Security Council Resolution 822 (1993) -- Un Security Council Resolution 853 (1993) -- Un Security Council Resolution 874 (1993) -- Note Continued: Un Security Council Resolution 884 (1993) -- Un General Assembly Resolution A/res/48/114 (1993) -- Un General Assembly Resolution A/res/60/285 (2006) -- Un General Assembly Resolution A/res/62/243 (2008) -- Council Of Europe [–] Parliamentary Assembly Resolution 1416 (2005) -- Statement Of The Osce Chairman-in-office. Heiko Krüger. The Analysis Concentrates On Two Aspects Of The Nagorno-karabakh Conflict. On The One Hand The Legitimacy Or Illegitimacy Of The Secession Of Nagorno-karabakh Is Scrutinised In Accordance With Soviet Law And International Law. In This Respect, The Current Developments In The Cases Of Kosovo, Abkhazia And South Ossetia Are Also Taken Into Account. On The Other Hand, Insight Is Provided Into How The Conduct Of The Republic Of Armenia Is To Be Assessed From An International Law Perspective--p. 4 Of Cover. Includes Bibliography (p. [145]-151) And Index. The Caucasus region, situated on a natural isthmus between the Black Sea and the Caspian Sea, has long been a border zone and a melting pot for a diverse range of cultures and peoples. As the intersection between Europe and Asia, and also - tween Russia and the Ottoman and Persian Empires, it has featured in the strategic plans of numerous great powers over the centuries. Given its abundance of natural resources, the ready-made raw material transport routes to Europe and its enduring position on the edge of Russia, nothing has changed to the present day. The tremendous development opportunities of the Caucasian region are being tarnished by unresolved territorial conflicts that put a continual and regionally balanced growth, sustained democratisation and long-term stability at risk. These conflicts, which all erupted with the dissolution of the Soviet Union, include the separatist movements in Abkhazia, Chechnya, Nagorno-Karabakh and South Ossetia. The war over South Ossetia, which erupted between Russia and Georgia in August 2008, spelt out the explosive potential still inherent in these conflicts. Front Matter....Pages 1-12 The territorial Status of Nagorno-Karabakh....Pages 1-92 Involvement of the Republic of Armenia in the conflict of Nagorno-Karabakh....Pages 93-114 Back Matter....Pages 125-163