Armenian envoy: Azerbaijan continues to violate the letter and spirit of international humanitarian law
Ambassador Andranik Hovhannisyan, Permanent Representative of Armenia to the United Nations Office in Geneva, delivered remarks at the 49th session of the Human Rights Council. His full statement is below.
"President,
Armenia expresses its appreciation to the distinguished High Commissioner for the reports and comprehensive oral update.
We would like to share with this Council our grave concern about non-compliance of Azerbaijan with its international obligations in the context of the Nagorno-Karabakh conflict. The High Commissioner pointed out to the extrajudicial execution of Armenians by Azerbaijani armed forces that may amount to a war crime. The Special Procedure Mandate Holders dispatched communications to Azerbaijan on extrajudicial executions, enforced disappearances, arbitrary detentions, cruel, inhumane and degrading treatment of Armenians, destruction of religious and cultural heritage. Azerbaijan did not even respond to recent communications. Furthermore, on November 2021 Azerbaijan announced an amnesty for all those who participated in the war against Nagorno-Karabakh conveniently putting to rest even the theoretical possibilities for accountability on the crimes identified by the OHCHR and Special procedures.
In another warrying move Azerbaijan announced about its decision to review, revise and effectively deface the cultural heritage of Nagorno-Karabakh. With a number of monuments of Armenian cultural and religious heritage destroyed, vandalized and misappropriated this new decision may result in total elimination of what is left.
The International Court of Justice has recently obliged Azerbaijan to protect Armenian detainees and ensure their equality before the law; to prevent anti-Armenian incitement and promotion of racial hatred, including by the officials; and to take necessary measures to prevent and punish acts of destruction of Armenian cultural heritage. Azerbaijan blatantly ignores all these measures prescribed by the ICJ.
In these circumstances Armenia believes that the High Commissioner should receive unconditional and unimpeded access to Nagorno-Karabakh as she has requested a year ago.
President,
Armenia is convinced that non-politicized, constructive, open and inclusive debates are essential for the promotion and protection of human rights.
Armenia commends China for its determination to eradicate poverty and create equal opportunities for empowerment of the society and its individual members, as well as for its efforts towards the promotion of the right to health. Armenia reiterates its adherence to One China policy.
I thank you.
First Right of reply
President,
Armenia requested the floor to exercise its right of reply to Pakistan that spoke on behalf of the OIC.
Armenia will keep persistently communicating that the Nagorno-Karabakh conflict is not a religious one and it cannot be anointed in religious terms. Armenia strongly believes that human rights are universal and are not limited to religious affiliations.
It is unfortunate that Azerbaijan continues to abuse its membership and take advantage of the principle of solidarity established among the OIC members to distort the conflict-related realities. Let us bring just one illustrious example in this regard. Azerbaijan has misled the OIC that allegedly the religious sites in Nagorno-Karabakh have been damaged by the Armenian side. In reality it is Azerbaijan that hinders the fact-finding mission of UNESCO to Nagorno-Karabakh to assess the state of affairs with regards to the religious sites and this has been publicly confirmed by the Assistant Director General of UNESCO in his relevant statement.
Obviously, Azerbaijan strives to conceal its own damage inflicted to the religious sites in Nagorno-Karabakh. Armenia and Nagorno-Karabakh, on the contrary, have supported the mission of UNESCO. It is our conviction that the OIC should not take the allegations of Azerbaijan for granted and not allow Azerbaijan to disseminate such and other blatant misrepresentations through such reputable organization as the OIC.
Second Right of reply
We’d like to exercise our second right of reply in response to Azerbaijan, which put forth a blatant misrepresentation and propaganda.
Our region has been tainted with aggressive display of militarism and consequent chain of grave violations of the International Humanitarian Law and International Human Rights Law committed by Azerbaijan.
Most recently, on March 7, sergeant Hrach Manasaryan of the Armenian Armed Forces was killed by Azerbaijan on the border of the Republic of Armenia. Armenia strongly condemns this unprovoked attack and murder.
When it comes to Armenia then we reiterate that the adoption of the peace treaty is among the priorities of the Government.
The sanctimonious talks of peace that representatives of Azerbaijan pursue in the high-end salons around the globe are not matched with the corresponding appropriate actions on the ground.
Azerbaijan continues to violate the letter and spirit of the international humanitarian law by keeping hostage the combatant and civilian detainees that should have been released and repatriated long ago without any preconditions. Azerbaijan weaponizes their suffering, unlawful and arbitrary detention to drive a bargain. It is coupled with the Government-induced and propagated extreme manifestation of intolerance and hate towards Armenians.
It does not come as a surprise that the International Court of Justice has recently ordered Azerbaijan (and I quote) “to protect from violence and bodily harm all persons captured in relation to the 2020 Conflict who remain in detention, and ensure their security and equality before the law.” Obviously, Azerbaijan fails to implement this and other measures prescribed by the ICJ, which also violates the Court’s ruling to refrain from any action which might aggravate or extend the dispute.
Instead, Azerbaijan pursues an ethno-centric approach with the well-declared objective to force the indigenous Armenian population out of their homeland.
Impunity leads to new ethnically motivated crimes. Hence, Armenia calls not to turn a blind eye to Azerbaijan’s violations of the international humanitarian law and international human rights law.
I thank you."