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  • Hague court ruling: a precedent to be used in Karabakh issue?

    Hague court ruling: a precedent to be used in Karabakh issue?
    July 24-30 overview of political events

    Hague court verdict on Kosovo independence is a moral and juridical
    assessment of the situation which may have an influence on Karabakh
    conflict settlement, according to Orinats Yerkir deputy chairman Mher
    Shahgeldyan. As he told July 24 news conference in Yerevan, Kosovo
    precedent consolidates juridical and diplomatic position of Armenian
    side in peace talks for Karabakh conflict settlement. `The ICJ ruling
    is legitimate and acceptable to international community. Kosovo
    verdict gives de jure confirmation of de facto situation with
    Karabakh, as well as other conflict zones.'


    July 31, 2010
    PanARMENIAN.Net -

    Mher Shahgeldyan pointed out that the statement of the Heads of
    Delegation of the OSCE Minsk Group Co-Chair countries once again
    accentuated the three principles of international law for the Karabakh
    conflict settlement: the people's right to self-determination, non-use
    of force and territorial integrity.

    It is very important that the statement views these principles as
    something single and interrelated, Shahgeldyan stressed.

    According to him, Armenia hails this approach of the Heads of
    Delegation of the OSCE Minsk Group Co-Chair countries.

    Shahgeldyan noted that Armenia's diplomatic positions have
    strengthened in the Karabakh issue.

    *

    People's diplomacy will help overcome the atmosphere of mistrust and
    hostility between South Caucasus nations, Stepan Grigoryan, the head
    of the Analytical Center on Globalization and Regional Cooperation
    stated.

    As he emphasized at July 26 news conference entitled Second Track
    Diplomacy and Peace in the South Caucaus: Presentation of the
    Rondine's 14 Points for Peace, Rondine Cittadella della Pace Italian
    association and Rondine University plan to establish cooperation with
    Caucasus youth, offering a possibility of education at the university.

    Rondine Cittadella della Pace association president Franco Vaccari, in
    turn, pointed out that 14 Points for Peace document was drawn out by
    Rondine University students.

    *

    Hague court ruling proves the prevalence of people's right to
    self-determination over territorial integrity principle, RA NA vice
    speaker Samvel Nikoyan stated.

    As he told July 26 news conference in Yerevan, the 2 principles do not
    contradict each other, with territorial integrity principle to be
    applied in case one UN state encroaches on another's territory. `The
    principle of people's right to self-determination is to be applied in
    case when to defense its rights an ethnic minority is separating
    itself in accordance with international law to create its own state,'
    the vice speaker stated.

    As Samvel Nikoyan pointed out, Azeri president should draw inferences
    from Kosovo precedent, with people's right to self-determination given
    priority over territorial integrity principle in international
    practice. `Armenian parliament will use the ICJ ruling as a basis in a
    struggle for international recognition of NKR independence,' the vice
    speaker noted.

    According to Nikoyan, Armenia's recognizing Karabakh independence
    would be unreasonable at the moment, yet the possibility of
    recognizing it in future should not be ruled out.

    `Currently Karabakh conflict settlement process is conducted under
    OSCE MG auspices, with Armenian side adhering to this position. Should
    Azerbaijan bring negotiations into impasse, continuing with ceasefire
    violations, Armenia may recognize NKR independence. This, in my
    opinion, is one of the most probable steps of Armenian side,' Nikoyan
    stated.

    Samvel Nikoyan also drew similarities between Kosovo and Karabakh issues.

    `Difference between Kosovo and Karabakh issue is Kosovo's being
    situated in Europe and populated by Albanians,' Nikoyan noted.

    `NKR announced separation from Azerbaijan in accordance with USSR
    legislation. Humanitarian catastrophe in Kosovo could only be curbed
    through international forces interference, while Artsakh people had
    only their own means to rely on.'

    `However, from international law viewpoint, Kosovo and Karabakh issues
    are virtually similar,' RA NA vice speaker emphasized.

    *

    Vice-Chairman of the Russian Academy of Geopolitical Problems Araik
    Sargsyan said that it is impossible to use the Kosovo precedent for
    the international recognition of NKR's independence, as Kosovo is a
    program of the U.S. The Hague court's ruling on Kosovo is conditioned
    by pressure of the U.S, Sargsyan told July 27 press conference in
    Yerevan.

    According to him, the superpowers would have recognized NKR's
    independence long ago, if it were within their interests. `The
    Karabakh conflict resolution is not within interests of the U.S.,
    Great Britain and France, as the tense situation serves as a guarantee
    of their presence in the region,' Sargsyan said.

    He added that the Albanian drug mafia spent $250mln for Kosovo's
    recognition by the international community. `The Armenian oligarchs
    are not ready to spend as much for the international recognition of
    NKR, as the Armenian leadership lacks relevant state policy and
    political will,' noted Sargsyan.

    He added that NKR's independence will be recognized only in two cases:
    presence of relevant state policy and readiness to spend huge money,
    as well as in case of a new war, after which the sides will sign a
    peace agreement. `NKR will have the opportunity to be involved in
    talks again only in case of a new war,' said Sargsyan.

    *

    Chairman of European Integration NGO Karen Bekaryan said on July 27
    that the Hague court's ruling on lawfulness of Kosovo's secession from
    Serbia serves as a good reason for the Foreign Ministry of Artsakh to
    initiate a certain process on NKR's international recognition.

    `The fact that Karabakh is not directly involved in the talks provides
    Stepanakert with the opportunity to be less constrained in similar
    initiatives,' the expert stated.

    Bekaryan added that the civil sector of NKR also should be involved in
    the process of international recognition of NKR's independence.

    As for Armenia's steps in this process, according to Bekaryan, it
    should stir up the parliamentary diplomacy. `Through international
    organizations and parliamentary friendship groups Armenia may initiate
    steps for recognition of NKR's independence by parliaments of friendly
    countries. In its turn, the Armenian Diaspora should assist Armenia
    and NKR in this process,' noted Bekaryan.

    The expert said that the Hague court's ruling will definitely have an
    impact on the negotiation process on Karabakh.

    *

    Member of Republican Party of Armenia parliamentary group Lernik
    Alexanyan said that the ruling of the International Court of Justice
    on Kosovo will definitely have a positive impact on the Karabakh
    conflict resolution.

    However, one should not expect it to have a considerable impact on the
    international recognition of NKR's independence, Alexanyan told July
    28 news conference in Yerevan.

    According to Alexanyan, though non-binding, the ruling was passed in
    accordance with juridical logics. `The ruling is a good basis to
    transfer the Karabakh problem from the political field into a legal
    one. At last, the ruling will open the eyes of Azerbaijanis to the
    fact that the Karabakh conflict may be resolved in the legal field,'
    noted Alexanyan.

    As for recognition of NKR's independence by Armenia, he said that
    Armenia should do it at a well-chosen moment. `Armenia should keep
    this step as a trump card in its relations with Azerbaijan to use it
    at the right moment,' said Alexanyan.

    According to him, Armenia can use this trump card in two cases: if
    Azerbaijan resumes hostilities or favorable conditions are established
    in international relations for recognition of NKR's independence.

    *

    International Court of Justice ruling on Kosovo independence is
    important to Armenia and NKR, confirming that acknowledgement of NKR
    independence doesn't run counter to international law, the head of
    ARFD Hay Dat Bureau Kiro Manoyan stated on July 28.

    As he pointed out at news conference in Yerevan, Artsakh independence
    was declared in accordance with international law, as well as USSR
    legislation.

    Characterizing statements on Hague court ruling referring to Kosovo
    case only as a flaw of judgment, Kiro Manoyan urged to undertake
    specific steps towards international recognition of NKR independence.

    *

    Director of Sociometer center Aharon Adibekyan said that the Kosovo
    precedent has divided the expert community's opinion: a part of it
    stands for the people's right to self-determination, while the other
    part - for territorial integrity. `All of them are right,' Adibekyan
    told a press conference in Yerevan.

    According to Adibekyan, in this case all depends on force. `Armenia
    has a force advantage in the Karabakh conflict settlement,' the
    Armenian sociologist said.

    Presenting the results of sociological researches conducted by
    Sociometer center during the parliamentary elections in NKR, Adibekyan
    noted that 85% of NKR's population stands for independence, while 15%
    of it believes that a mutually acceptable solution should be achieved
    among the sides to the conflict, and only 0.1% of NKR's population
    sees its future within Azerbaijan's composition. `Possibly, these
    people held senior posts during the Soviet era,' said Adibekyan,
    adding that the number of those who support reunification with Armenia
    is decreasing in Karabakh with the lapse of time. `According to the
    results of our researches, only 33% of population supports
    reunification with Armenia, while 67% - independence,' noted
    Adibekyan.

    At the same time, Adibekyan presented the results of recent
    sociological researches by an American company in Azerbaijan.
    According to them, less than half of the Azerbaijani population
    believes that NKR will be within the composition of Azerbaijan. `It is
    an obvious case of defeatist moods among the Azerbaijani population,
    what has become a cold shower on hot heads of Azerbaijani leaders,'
    concluded Aharonyan.

    *

    Political analyst Sergey Shakaryants said that superpowers are tired
    of Baku's destructive stance in negotiations on the Karabakh conflict
    settlement.

    According to him, statements of the OSCE Minsk Group's Co-Chair
    countries contain clear messages for the Azerbaijani leadership.
    `Ilham Aliyev was clearly warned that Azerbaijan should reject
    military resolution of the Karabakh conflict,' Shakaryants told a
    press conference in Yerevan.

    Thus, Baku will refrain from new provocations on the contact line in
    the near future, he said. Referring to the current situation around
    the Karabakh conflict, the political analyst said that Armenia and NKR
    have passed through this stage of negotiations without losses.

    Commenting on the Hague court's ruling, Shakaryants noted that it
    recognizes the declaration of independence, but not Kosovo's
    independence as a state itself. He added that Kosovo cannot serve as a
    precedent for the Karabakh problem, as these conflicts are not
    similar.

    *

    July 30, RA National Assembly speaker Hovik Abrahamyan addressed a
    letter to NATO Parliamentary Assembly President John Tanner, in
    reference to possible discussion of Nagorno-Karabakh issue at the NATO
    Parliamentary Assembly.

    `I am surprised that such a step may have been taken without proper
    consultations with the members of the Armenian Delegation to the NATO
    Parliamentary Assembly.

    As is known, currently the Nagorno-Karabakh peace process runs under
    the auspices of the OSCE Minsk Group Co-Chairmen - USA, France and
    Russia. It is our strong conviction that given the confidentiality,
    specificity and delicacy of the negotiations, the initiatives held in
    formats other than the Minsk Group Co-Chairmanship, even with a good
    intent, preclude a great danger of jeopardizing the negotiation
    process and undermining the mediation efforts. Therefore, any
    initiative on the Nagorno-Karabakh conflict resolution requires prior
    consultations with the Co-Chair States of the Minsk Group, having in
    view that the USA and France are both NATO members.

    The attempts of Azerbaijan to raise the Nagorno-Karabakh issue within
    different international formats are aimed at advertising Azerbaijan's
    own perception of the conflict resolution with disregard of the
    entirety of principles proclaimed by the Co-Chairs as the basis for
    the conflict resolution. It is worth mentioning that the Co-Chair
    countries voted against the resolution proposed by Azerbaijan at the
    UN General Assembly session in March 2008, by stating that the
    `resolution selectively propagates only certain of the principles [of
    the conflict resolution] to the exclusion of others'.

    Just a few days ago, exactly on July 17, Minister of Foreign Affairs
    of the Russian Federation Sergei Lavrov, Minister of Foreign Affairs
    of France Bernard Kouchner, and Deputy Secretary of State of the
    United States of America James Steinberg issued a statement where they
    reconfirmed the principles and elements of the conflict resolution
    stated by the Presidents of the OSCE Minsk Group's Co-Chair countries
    at the G8 Summit convened on June 26, 2010 in Muskoka. They once more
    stressed the point that the mentioned principles and elements have
    been conceived as an integrated whole and that any attempt to give
    preferences over other principles would make it impossible to achieve
    a balanced solution.

    With due respect to such an authoritative organization, as the NATO
    Parliamentary Assembly, we consider it our duty to remind that not in
    the distant past we had already experienced that the NATO PA report on
    Nagorno-Karabakh had provoked selective references, unsubstantiated
    interpretations, and wrong speculations. I believe that the report in
    no way has contributed to the creation of a favorable environment for
    the settlement process. I do not see any reason why this new
    initiative may yield a different result. It was due to the clear
    understanding of the sensitivity of the issue that the Secretary
    General Rasmussen and other NATO high ranking officials voiced their
    strong support for the efforts of the OSCE Minsk Group on different
    occasions and stressed that NATO did not have direct involvement in
    the issue nor did it play a role of its own in the mediation process.'

    `Based on these concerns, I would like to strongly advise and suggest
    that the NATO Parliamentary Assembly refrain from addressing the issue
    on the Nagorno-Karabakh conflict,' the letter concluded.

    *

    After NATO PA session in Riga, Azeri delegation announced that a
    possibility to draft a report on Karabakh issue was discussed with
    NATO Parliamentary Assembly President John Tanner. The head of
    Armenian parliamentary delegation in NATO PA Karen Avagyan denied the
    information at the time, Heritage party leader, member of RA
    parliamentary delegation in NATO PA Stepan Safaryan stated on July 30.

    As he pointed out in a conversation with PanARMENIAN.Net reporter,
    `Discussion of Karabakh conflict in any other structure but OSCE MG is
    unacceptable. In the present case, NATO PA has to realize, the Azeri
    initiative aims at raising the issue in international structures
    rather than promote its settlement.'

    `Should NATO PA accept the suggestion, thus supporting destructive
    position of Azerbaijan, Armenia might need to give a serious thought
    as to unhealthy atmosphere within the Organisation,' Safaryan stated.

    *

    On July 28, ANC political council hosted a sitting led by Congress
    leader Levon Ter-Petrossian.

    RA internal and foreign policy, as well as ANC's further actions were
    discussed at the council sitting.

    ANC council also approved pension reform program project to be
    submitted for social discussion, ANC press service reported.

    The next ANC meeting was scheduled for September 17.


    Arshaluys Mghdesyan / PanARMENIAN News




    From: A. Papazian
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