Armenian parliament debates new Constitution’s key provision on army command in times of war
Debates of the draft amendments to the Constitution are underway in the Armenian parliament. In particular, an MP of the ruling Republican Party of Armenia’s (ROA) faction referred to the provision that says the prime minister of the country becomes supreme commander of the Armenian armed forces in times of war, while defense minister commands the army in peacetime.
“Does it mean from a legal point of view that the prime minister assumes command when the National Assembly of Armenia declares war? I ask that question in view of the fact that as is generally known, during the Karabakh war our country did not declare officially a war, nor was a war officially declared on Armenia, but military operations lasted 4-5 years. Perhaps this means imposition of martial law in the country? What legal regulation is given to that?” the deputy asked.
The main reporter - the Armenian president’s official representative on constitutional reform issues in the parliament, a member of the Specialized Commission on Constitutional Reforms adjunct to Armenian President Vardan Poghosyan said that the wording “in times of war” used in the draft de jure means martial law.
“I don’t rule out that Specialized Commission on Constitutional Reforms will address that issue once again to discuss the possibility that after imposition of martial law that does not necessarily envisage declaration of war, the high command of the armed forces will be transferred to the prime minister also in the legal, constitutional sense,” V. Poghosyan said.
To remind, Armenian President Serzh Sargsyan submitted on August 21 the draft amendments in the Constitution of Armenia to the National Assembly. The draft amendments had been developed by the Specialized Commission on Constitutional Reforms adjunct to Armenian President. Vardan Poghosyan, a member of the Commission, has been appointed as official representative of Armenian President for presentation of the draft amendments to the Constitution in the National Assembly of Armenia. On September 11 the draft amendments to the Constitution were put on the agenda of the plenary sitting of the parliament’s autumn session that started on September 15 after the parliamentary standing committee on state and legal affairs gave a positive opinion on the draft . Serzh Sargsyan has already held consultations on the approaches stated in the draft new Constitution with representatives of various political parties.