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  • Armenians learning from their Disastrous History should Offer New

    Armenians learning from their Disastrous History should Offer New
    Approaches in International Law

    http://keghart.com/node/520
    by Aram Adamyan MSc MBA ACCA, Toronto, 17 July 2009

    While petitions and rallies of protest are organized in the wake of the
    announcement of the updated Madrid Principles by Obama-Sarkozy-Medvedev
    trio, not much is proposed by Armenians to resolve the Nagorno-Karabakh
    conflict. Aram Adamyan's suggestion is timely and worthy of discussion
    at all levels, including that of the authorities in Armenia and
    Karabakh.- Keghart.com
    During the past years, the International community witnessed the
    appearance of new independent states like Kosovo, Abkhazia and
    South-Ossetia. The latter two so far are recognized only by Russia and
    Nicaragua. In this process the conflict between the two principles of
    International law, namely between the principle of the right for
    self-determination and that of territorial integrity received
    exhaustive attention. While most of the currently existing countries
    came about through declaring their independence sometime in history
    partly based on the principle of self-determination, the very same
    countries exercise double standards in recognizing the independence of
    nations currently fighting for their freedom. In the specific case of
    Nagorno-Karabakh conflict, the dichotomy of the two international
    principles may be addressed through an analysis of the current
    geopolitical situation and providing a new approach sugges
    ted in the concluding remarks.

    The developments surrounding Armenia were very tense during the last
    year since President Sargsyan initiated the Armenian-Turkish
    discussions through the so-called soccer diplomacy. Unlike in the past,
    Russia that has substantial leverage over Armenia, this time exhibited
    a strange tolerance towards these discussions. What did Armenia gain?
    How did it affect the Nagorno-Karabakh conflict resolution? What did
    the major powers, such as Russia, Europe and the USA that are involved
    in this process gain? Finally, how did it affect Turkey?
    Russia, by allowing negotiations between Armenia and Turkey proceeding,
    which on surface would mean Armenia gaining more balanced economy and
    foreign policy, triggered Azerbaijan's reaction over the consequences
    of possible opening of the Armenian-Turkish border. Negotiations
    culminated in Russia successfully signing a natural gas deal with
    Azerbaijan, which will sell substantial amounts of its natural gas to
    Russia starting 2010. An objective to weaken the NABUCCO project that
    bypasses Russia was successfully met. It was achieved through a lesser
    commitment by Azerbaijan as one of the major suppliers. In its turn,
    Russia is expected to act in favor of Azerbaijan in the
    Nagorno-Karabakh conflict.

    While Russia recognized the independence of South Ossetia and Abkhazia
    from Georgia in 2008, following the short war, it did not show any
    intention to do so with respect to Artsakh. On the contrary, it
    exercised pressure over Armenia to forego certain, including
    territorial concessions for the resolution of the conflict. Meanwhile
    Russia has heavily invested in the Armenian economy and maintains a
    military base in Armenia to which it has no direct access after the
    closure of the Russian-Georgian border. The Russians could get an
    alternative route through Turkey if the Turkish Armenian border were to
    open.

    Europe is eager to have reliable supply of energy resources through oil
    and gas pipelines from energy-rich Central Asia and Azerbaijan via a
    route that goes south of the Russian border. To this end peace and
    stability in South Caucasus is of utmost importance for Europe.
    European politicians understand very well that peace will not be final
    and reliable unless Armenia is reconciled with Azerbaijan and Turkey.
    Thus, we witness intensified European efforts to find a solution for
    the Nagorno-Karabakh conflict coupled with Turkey opening its border
    with Armenia and establishing Diplomatic Relationship with it.

    The interests of the United States in finding a resolution to the
    Nagorno-Karabakh conflict and reconciliation between Armenia and Turkey
    lies in geopolitical considerations. The USA expects less Russian
    influence both in Armenia and Azerbaijan, and with already pro-western
    Georgia gradually exert full control over the whole South Caucasus.
    It's a vital region sandwiched between rival Russia and enemy Iran, a
    landmass connecting the Energy rich Central Asia bordering Afghanistan
    and establishing a route with Europe bypassing Russia and Iran.

    Turkey, which formerly could only dream about being involved in the
    resolution of South Caucasus conflicts, got its prize through the
    invitation of President Sargsyan offering to open the Turkish Armenian
    border that was qualified as the last closed border in Europe. The
    necessity for such an opening arose after another border, the
    Russian-Georgian door closed.

    The Armenian-Turkish negotiations led to announcing a roadmap by
    Turkish and Armenian leaders with the intermediary help of Switzerland
    on the eve of April 24 of 2009. This coincided with the period when
    Armenians throughout the world were expecting that Barak Obama would
    honour his promise to call the massacres of Armenians from 1915 to 1923
    in the Ottoman Empire as Genocide. The roadmap and the Armenian-Turkish
    talks were exploited by the new President to breach his promise. The
    excuse of not harming the ongoing talks was enunciated. Turkey could
    not have expected any better result. The United States, heavily
    dependent on Turkish support for Iraq war and possible war with Iran,
    forced Armenia to declare the roadmap. It was an excellent solution for
    itself so that its relationships with Turkey would not be harmed.

    What did Armenia gain in this process, and did it anyhow commit itself
    to a fair resolution of the Nagorno-Karabakh conflict? While Armenian
    authorities claimed that they managed to break the Turkish-Azerbaijani
    tandem existing since the Nagorno-Karabakh war started, and separate
    the talks to improve Armenian-Turkish relationship from the process
    aimed at resolving the conflict, Turkish leaders - including Prime
    Minister Erdogan - continued to announce that no border with Armenia
    would be opened until the conflict were to be resolved. Of course,
    that meant in a fashion acceptable to Azerbaijan.

    The border is still closed, and since the announcement of the roadmap,
    no substantial development in Armenian-Turkish negotiations is
    observed. Meanwhile, developments on the Nagorno-Karabakh conflict are
    more than intense. They resulted in a mutual statement by the
    Presidents of the Minsk group co-chair countries during the recent G-8
    Summit, and the updated Madrid principles were announced.

    They include returning to Azerbaijan territories of NKR that were not
    part of Nagorno-Karabakh prior to the war, which was started by
    Azerbaijan against the people of Nagorno-Karabakh. After this return, a
    corridor linking Nagorno-Karabakh to Armenia is to be established while
    there is no clarity about how wide it will be and who will control it.
    In addition, there is no clarity about the final status of
    Nagorno-Karabakh while a preliminary status is being discussed.
    Finally, the principles postulate international security guarantees to
    the people of Nagorno-Karabakh. The latter would include the core
    Nagorno-Karabakh people and Azerbaijani refugees that would return from
    Azerbaijan.

    It is worth remembering that President Aliyev continues to declare that
    Azerbaijan will never agree to independence of Nagorno-Karabakh.
    Furthermore, during the past years, the Azerbaijani public was
    consistently `cultivated' to oppose anything Armenian, and cultural
    genocide was brazenly committed as evidenced by destroying the
    Khatchkars in Nakhichevan. There is no chance that any status less than
    full independence will guarantee security and development for Artsakh.

    What is understood by international security guarantees? Isn't the
    catastrophic failure of the Sevres Treaty lesson enough for the
    Armenian nation not to rely once more on others for its own fate?
    Without outright recognition of independence of Artsakh in its current
    borders no such international guarantees can be trusted. Why should the
    Nagorno-Karabakh Army leave the strategic defense positions of Artsakh?
    Lessons of history dictate that Armenians should rely only on their
    real power, on their own hands rather than on promises by others.

    Under the present circumstances, and given the tragic experience of the
    past with Turkey, Azerbaijan and the great powers, it is only and only
    the Armenian side that can provide safety guarantees. This can and
    should be articulated and offered to the international community with
    the provision that Azeris returning to Nagorno-Karabakh republic will
    be safe and treated equally. After all, unlike in Azerbaijan where
    Armenians were cruelly persecuted, no Azeri ever suffered in Armenia on
    any April 24 commemoration day even in Yerevan where millions of
    Armenians visit the Tsitsernakaberd Memorial to remember the victims of
    the Genocide committed by the ethnic and cultural brothers of Azeris.

    In the likely scenario that above is not acceptable to the Azeris, and
    not to sound very unrealistic or unwilling to resort to any
    concessions, Armenians can offer an alternative by introducing a new
    principle in International law. After all International Jurisprudence
    is always in a state of flux and takes into account novel situations
    and precedents.

    Temporarily grant Nagorno-Karabakh Conditional Independence for a
    specified period, say fifteen years. During that time, monitor the
    democratic developments in both Karabakh and Azerbaijan with specific
    terms agreed upon by all parties having a stake in the conflict. That
    of course should include the conditions of Azeris returning to Karabakh
    and more that 300,000 displaced Armenians returning to their homes in
    Azerbaijan. In the event that Karabakh fails in its obligations
    compared to Azerbaijan, then the International community may revoke
    that Conditional Independence. The competition should revolve around
    which party would create better democracy for its people rather than
    the militarily stronger power dictating20the outcome ` a phenomenon that
    we currently witness.

    Other material from Aram Adamyan published in Keghart.com
    A Coordinated Effort through Democracy
    Armenia's Choice: The Inalienable Diaspora
    A Discussion About Current Affairs: The Georgian Crisis & "Football
    Diplomacy",Their Impact On Armenia & Armenians

    From: Emil Lazarian | Ararat NewsPress
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