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POTSDAM VIEW ON NAGORNO-KARABAKH PEACE PROCESS
Vestnik Kavkaza, Russia
March 10 2014
10 March 2014 - 11:11am
by Orkhan Sattarov, Head of the European Bureau of Vestnik Kavkaza
The UNSC resolution on Nagorno-Karabakh will mark its 21st anniversary
in April this year. The first resolution and the ones that followed
have not been fulfilled yet. Professor Wilfried Fuhrmann of
Potsdam University, has given his vision of the legal aspect of the
Nagorno-Karabakh conflict and described the attitude the international
community could show for progress to be made on the issue.
The professor reminded that many resolutions that the UNSC and the
General Assembly have passed have not been fulfilled. "The United
Nations call on Armenia to abandon the occupation, to give back
the occupied territories, and hand them over to Azerbaijan. Other
organizations such as NATO or the OSCE also claimed this. NATO
professes the aim of protecting the territorial integrity of countries,
particularly the countries of the former USSR," noted Fuhrmann.
Azerbaijan is a member or partner of various international
organizations, or "clubs". It works together with or even is a member
of the OSCE, the Council of Europe, the Organization of Islamic
Conference, the CIS, the UN, NATO and others. Armenia is also
a member of several clubs and makes use of the advantages without
always accepting the rules of the clubs. Maybe the clubs are too big
and the rules are ignored regularly," assumes the German expert.
"If Armenia claims that Karabakh has never been an integral part
of Azerbaijan or the independent Republic of Azerbaijan, and claims
that it was a pure uprising of the population due to the imploding,
collapsing empire of the USSR and the uprising took place without
external support, this is verifiably wrong. Armenia is violating
natural law as well as the positive law of nations consciously and
persistently. In this sense its reputation is low, and it is in
an international context near to becoming an outlaw country being
isolated," Fuhrmann told Vestnik Kavkaza.
In the expert's opinion, members of the club should at least take
that fact into account, if there are no compulsive mechanisms or
unanimous vote. This means peaceful solutions to restore the rights,
not military intervention, so that the club could maintain confidence
and prevent risks of losing stability.
"In case a member of a club violates the principles of international
law or specific rules of the club, then every member has to draw
conclusions from this. There is no need to exclude the member. But
there is a need for protection and regard for its own reputation. You
don't support international trade with these countries, you don't
give them state loans, and you don't give securities for exports to
these countries and so on. This is not pleading for an extensive
trade boycott. It means that any government support is synonymous
with the transfer of reputation to this country. But thereby you are
indirectly strengthening the position of this country, in the case
of government support for trade with Armenia you indirectly support
the Armenian position in the Karabakh conflict," concludes the expert.
Professor Fuhrmann touched upon the right of peoples to
self-determination Armenian diplomacy always refers to the
Nagorno-Karabakh peace talks. "The principle of self-determination
is not valid for the victors of a battle in case of military force
with expulsion, mass murder and even genocide. The principle of
self-determination is only applicable ex-ante, i.e. as an alternative
and thereby prior to the potential use of violence. The principle
may - circumstances permitting - be applicable ex post, in case the
exiles including the descendants are involved and with agreement of
both sides. This situation is a scenario as if there is an ex-ante
situation.
In the case of mass murder or genocide this right doesn't exist ex
post. Such an object - built with force - is not legal, even if it
exists over a longer period of time. It may be maintained through
the use of power and armed forces but it remains an object which is
built on injustice," emphasized the professor.
In Fuhrmann's view, Armenia is trying to drag out the negotiations
as much as possible to legitimize the artificial regime in
Nagorno-Karabakh: "Surely time does play an important role. Such a
construction, existing for a long time span over several generations
has its existence and also the possibility to gain reputation and
simultaneously forgetting. Every military acting country, i.e. every
nationalistic player, knows about this advantage and tries to extend
it over time in order to keep it definite finally."
"Inherited hostility and hate over generations are normally the
consequence. Since the aggressor, as in the case of the military
invasion of Armenian troops, searches for and makes use of a situation
of military superiority, an arms race starts with the option to
counterattack for a bigger, final victory," Fuhrmann claims.
http://vestnikkavkaza.net/analysis/politics/52395.html
Vestnik Kavkaza, Russia
March 10 2014
10 March 2014 - 11:11am
by Orkhan Sattarov, Head of the European Bureau of Vestnik Kavkaza
The UNSC resolution on Nagorno-Karabakh will mark its 21st anniversary
in April this year. The first resolution and the ones that followed
have not been fulfilled yet. Professor Wilfried Fuhrmann of
Potsdam University, has given his vision of the legal aspect of the
Nagorno-Karabakh conflict and described the attitude the international
community could show for progress to be made on the issue.
The professor reminded that many resolutions that the UNSC and the
General Assembly have passed have not been fulfilled. "The United
Nations call on Armenia to abandon the occupation, to give back
the occupied territories, and hand them over to Azerbaijan. Other
organizations such as NATO or the OSCE also claimed this. NATO
professes the aim of protecting the territorial integrity of countries,
particularly the countries of the former USSR," noted Fuhrmann.
Azerbaijan is a member or partner of various international
organizations, or "clubs". It works together with or even is a member
of the OSCE, the Council of Europe, the Organization of Islamic
Conference, the CIS, the UN, NATO and others. Armenia is also
a member of several clubs and makes use of the advantages without
always accepting the rules of the clubs. Maybe the clubs are too big
and the rules are ignored regularly," assumes the German expert.
"If Armenia claims that Karabakh has never been an integral part
of Azerbaijan or the independent Republic of Azerbaijan, and claims
that it was a pure uprising of the population due to the imploding,
collapsing empire of the USSR and the uprising took place without
external support, this is verifiably wrong. Armenia is violating
natural law as well as the positive law of nations consciously and
persistently. In this sense its reputation is low, and it is in
an international context near to becoming an outlaw country being
isolated," Fuhrmann told Vestnik Kavkaza.
In the expert's opinion, members of the club should at least take
that fact into account, if there are no compulsive mechanisms or
unanimous vote. This means peaceful solutions to restore the rights,
not military intervention, so that the club could maintain confidence
and prevent risks of losing stability.
"In case a member of a club violates the principles of international
law or specific rules of the club, then every member has to draw
conclusions from this. There is no need to exclude the member. But
there is a need for protection and regard for its own reputation. You
don't support international trade with these countries, you don't
give them state loans, and you don't give securities for exports to
these countries and so on. This is not pleading for an extensive
trade boycott. It means that any government support is synonymous
with the transfer of reputation to this country. But thereby you are
indirectly strengthening the position of this country, in the case
of government support for trade with Armenia you indirectly support
the Armenian position in the Karabakh conflict," concludes the expert.
Professor Fuhrmann touched upon the right of peoples to
self-determination Armenian diplomacy always refers to the
Nagorno-Karabakh peace talks. "The principle of self-determination
is not valid for the victors of a battle in case of military force
with expulsion, mass murder and even genocide. The principle of
self-determination is only applicable ex-ante, i.e. as an alternative
and thereby prior to the potential use of violence. The principle
may - circumstances permitting - be applicable ex post, in case the
exiles including the descendants are involved and with agreement of
both sides. This situation is a scenario as if there is an ex-ante
situation.
In the case of mass murder or genocide this right doesn't exist ex
post. Such an object - built with force - is not legal, even if it
exists over a longer period of time. It may be maintained through
the use of power and armed forces but it remains an object which is
built on injustice," emphasized the professor.
In Fuhrmann's view, Armenia is trying to drag out the negotiations
as much as possible to legitimize the artificial regime in
Nagorno-Karabakh: "Surely time does play an important role. Such a
construction, existing for a long time span over several generations
has its existence and also the possibility to gain reputation and
simultaneously forgetting. Every military acting country, i.e. every
nationalistic player, knows about this advantage and tries to extend
it over time in order to keep it definite finally."
"Inherited hostility and hate over generations are normally the
consequence. Since the aggressor, as in the case of the military
invasion of Armenian troops, searches for and makes use of a situation
of military superiority, an arms race starts with the option to
counterattack for a bigger, final victory," Fuhrmann claims.
http://vestnikkavkaza.net/analysis/politics/52395.html