Unravelling Nagorno-Karabakh/Artsakh: Historical Autonomy, Legal Claims, and the Right to Self-Determination

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Introduction

The status of Nagorno-Karabakh also referred to as Artsakh, has remained a source of considerable contention for decades, generating many different perspectives. Amid conflicting narratives, a meticulous examination of historical records, and accompanying legal analysis challenges the assertion that Artsakh was ever under the sovereign jurisdiction of Azerbaijan. This article explores Artsakh’s historical autonomy, the legal foundations for its claim to self-determination, and the contextual factors shaping its pursuit of independence.

Autonomy and Historical Background

Even preceding the establishment of the Soviet Union, tension between Armenia and Azerbaijan persisted in the late 19th and 20th centuries, resulting in many instances of protracted violence exercised by Azerbaijan against Armenians. Here are some examples:

  1. Baku Pogrom (1905): In 1905, anti-Armenian riots broke out in Baku and other cities in the Caucasus region following a period of political unrest and social upheaval in the Russian Empire. The riots resulted in the deaths of hundreds of Armenians, as well as other minorities, and the displacement of thousands more.
  2. Shushi Massacre (1920): In March 1920, during the final stages of the Armenian-Azerbaijani War, Azerbaijani forces attacked the Armenian-populated city of Shushi, located in Nagorno-Karabakh. The attack resulted in the deaths of hundreds of Armenians, and the city was subsequently captured by Azerbaijani forces.
  3. Nakhichevan Pogrom (1918): In July 1918, during the chaos of the Russian Revolution and the subsequent Civil War, Armenian residents of the city of Nakhichevan were targeted by Azerbaijani nationalists in a pogrom that resulted in the deaths of hundreds of Armenians.
  4. Goychay Massacre (1918): In August 1918, Azerbaijani nationalists attacked the Armenian-populated town of Goychay in central Azerbaijan. The attack resulted in the deaths of hundreds of Armenians, and the town was subsequently captured by Azerbaijani forces.

In 1923, Nagorno-Karabakh was incorporated into the Azerbaijan Soviet Socialist Republic by Joseph Stalin as part of a policy of territorial reorganization in the Caucasus region. At the time, the majority of the population in Nagorno-Karabakh was Armenian. However, the area was included in Azerbaijan due to its geographical location and the presence of an Azerbaijani minority. Thus, it becomes evident that the decision to incorporate Nagorno-Karabakh into Azerbaijan was not based on any historical or cultural ties between the region and Azerbaijan but was a result of Soviet policy aimed at creating administrative units based on economic and organisational considerations.

The decision to include Nagorno-Karabakh in Azerbaijan was highly controversial. It remained a source of great tension between Armenia and Azerbaijan for decades, as the Armenian population of Nagorno-Karabakh has long sought greater autonomy.

The Soviet Constitution of 1977 provided the legal basis that established the right of Soviet republics to secede from the Soviet Union. Article 72 of the Constitution stated: “Each Union Republic shall retain the right freely to secede from the USSR. The voluntary withdrawal of a Union Republic from the USSR shall be carried out in accordance with the procedures determined by law.”

While the 1977 Constitution did not explicitly refer to the rights of autonomous regions to secede, it was generally understood that such regions also had the right to do so if the republic’s government consented to their secession.

Thus, while a legal framework existed for regions to declare their independence from the Soviet Union, in practice, the process of secession was ill-defined and often became subject to significant political negotiation. Therefore, tension, and subsequently political turmoil and violence, persisted during and after the collapse of the Soviet Union. Such violence, including pogroms, was committed against Armenians in Azerbaijan. Here are some examples:

  1. Sumgait Pogrom (1988): In February 1988, violent anti-Armenian riots broke out in the industrial city of Sumgait, located near the capital Baku. The riots resulted in the deaths of dozens of Armenians, as well as other ethnic minorities, and the displacement of thousands more.
  2. Baku Pogrom (1990): In January 1990, anti-Armenian riots broke out in the Azerbaijani capital of Baku. The riots were reportedly instigated by the Azerbaijani authorities and resulted in the deaths of hundreds of Armenians and other ethnic minorities. Thousands more were injured, and tens of thousands were forced to flee the city.
  3. Black January (1990): In January 1990, Soviet troops were deployed to Baku to quell nationalist demonstrations in the Azerbaijani capital. The troops used lethal force against protesters and civilians, resulting in the deaths of hundreds of people, including many Armenians.
  4. Kirovabad Pogrom (1990): In November 1990, anti-Armenian riots broke out in the city of Kirovabad (now Ganja) in western Azerbaijan. The riots resulted in the deaths of dozens of Armenians and other ethnic minorities.
  5. Maragha Massacre (1992): In April 1992, Azerbaijani forces attacked the Armenian-populated village of Maragha in Nagorno-Karabakh. The attack resulted in the deaths of over 50 Armenian civilians, including women and children.
  6. Baku Ethnic Cleansing (1990s): Following the collapse of the Soviet Union, the Azerbaijani authorities launched a campaign of ethnic cleansing against Armenians and other minorities living in Azerbaijan. Around 300,000 Armenians were forcibly displaced from their homes and communities, and their properties were seized or destroyed.

These instances of violence and persecution profoundly impacted the Armenian community in Azerbaijan, many of whom were forced to flee their homes and communities and seek refuge elsewhere.

Azerbaijan’s Historical Recognition and Sovereignty Status

Significantly, the historical recognition of Azerbaijan’s sovereignty lacks universal acknowledgment. In contrast to Armenia’s fleeting independence from 1918 to 1920, which gained validation from the Great Powers, Azerbaijan’s self-proclaimed Democratic Republic (1918-1920) was not internationally recognised such as the League of Nations or the Ottoman Empire [1]. Consequently, it functioned as a de facto entity, devoid of the capacity to assert internationally acknowledged territorial integrity.

Azerbaijan’s status as a de jure sovereign entity was only established in 1991. However, during this time, the former NKAO (Artsakh) had already legally separated from the non-sovereign province of the Azerbaijan SSR for three years. Article 3 of the Law on Procedure for Resolving Questions Connected with a Union Republic’s Secession from the USSR (April 3, 1990) dictates that within a Union republic that encompasses autonomous republics, autonomous oblasts, or autonomous okrugs, a separate referendum is conducted for each autonomous entity. The populace of autonomous republics and formations maintains the autonomy to independently determine whether to remain within the USSR or align with the seceding Union republic. Additionally, they have the authority to raise inquiries regarding their individual state’s legal status.

The cornerstone of Artsakh’s autonomy rests upon its declaration of independence in accordance with the USSR’s secession law. The enactment of the Law on Procedure for Resolving Questions Connected with a Union Republic’s Secession from the USSR in April 1990 empowered autonomous republics with the right to determine their own individual state’s legal status. Nagorno-Karabakh’s decision to declare independence aligns seamlessly with this established legal framework.

The fact that Artsakh had legally separated from the non-sovereign province of Azerbaijan under Soviet Union Secession law is of paramount significance, given that Azerbaijan’s claim over both Artsakh and Armenia hinges on a misleading representation of the Azerbaijan Democratic Republic as a sovereign entity. It is essential to note that this claim is unfounded.

Consequently, Artsakh was never subject to governance by a sovereign Azerbaijan, and it inherently possesses the automatic right to self-determination under the International Covenant on Civil and Political Rights (ICCPR), devoid of the need for endorsement from Baku or Yerevan. (Note: This differentiation negates any comparison to separatist movements like #Kosovo.)

Right to Self-Determination

Artsakh’s demand for self-determination is supported under the umbrella of international law. The autonomous status that the region held within the USSR and its subsequent declaration of independence align harmoniously with the principles enshrined in the International Covenant on Civil and Political Rights (ICCPR). Unlike typical cases of separatism, Artsakh’s situation warrants unique consideration and detached evaluation, distinct from the influences of Baku.

The 2022 Blockade of the Lachin Corridor Led to the Starvation of 120,000 Armenians

In December 2022, Azerbaijan initiated an extensive blockade of the region, depriving it of essential necessities like food, medicine, electricity, and water. President Ilham Aliyev of Azerbaijan issued a stark ultimatum, asserting that Armenians in Artsakh must either submit humbly or seek alternative places of residence. This was not an idle threat, as Azerbaijan had previously targeted civilian areas in Artsakh through bombings to displace its inhabitants. Additionally, Aliyev recently unveiled plans to relocate 150,000 Azeris to the region despite the International Court of Justice’s ruling that Azerbaijan must ensure the unobstructed movement of people, vehicles, and cargo. The situation in Artsakh remains alarmingly dire.

  1. Azerbaijan has blockaded Artsakh since December 12, 2022, attempting to force Armenians to flee their lands and take over the region. This blockade has resulted in food and fuel scarcity, leaving the people in dire conditions. Ongoing Azeri military attacks on farmers worsen the situation, with seven months of siege tragically claiming innocent lives, including children.
  2. The region has been without electricity since January 9, gas since March 21, and  humanitarian aid, including food, since June 15. Essential medications have been limited since June 25, with a total blockade affecting 120,000 Armenians. Azerbaijan’s denial of ICRC access further exacerbates the crisis.
  3. Azerbaijan’s disregard for the ICJ and ECHR orders to open the Lachin Corridor highlights the alarming situation.
  4. In August 2023, former Chief Prosecutor of the ICC, Luis Moreno Ocampo, concluded in his report that the events should be classified as a genocide against the ethnic Armenians of Nagorno-Karabakh under Article II, (c) of the Genocide Convention. This article pertains that “Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.
  5. On August 7, 2023, UN experts warned that Azerbaijan’s ongoing blockade of the Lachin corridor was resulting in a severe humanitarian crisis in the Nagorno-Karabakh region. They urged Azerbaijani authorities to promptly reinstate the free and secure movement of individuals, vehicles, and cargo along the Lachin corridor in both directions.

These tragic instances of violence, pogroms, and forced displacement have indelibly impacted the Armenian communities in Artsakh and Azerbaijan. From the beginning of the 20th century until modern day, the cycle of persecution has made it highly challenging for Armenians to experience peaceful coexistence under various forms of Azeri dictatorship.

Conclusion

Through a careful examination of historical records, prevailing assumptions that Artsakh was ever under the governance of a sovereign Azerbaijan are rebutted. Instead, this analysis underscores Artsakh’s historical autonomy, the legitimate foundation of its declaration of independence, and the dearth of universal recognition concerning Azerbaijan’s historical sovereignty. The dire present circumstances necessitate a thorough understanding of historical and legal components in order to facilitate an equitable resolution that upholds the rights of all involved parties. The intricate interplay between history, legal principles, and self-determination emphasizes the significance of a comprehensive approach in pursuing a sustainable solution for Nagorno-Karabakh.

[1] In contrast to the official narratives of the Azerbaijani government, the Azerbaijan Democratic Republic was not officially recognized by the international community on January 11, 1920, during the Paris Peace Conference. The primary focus of the Paris Peace Conference was to address the aftermath of World War I and negotiate peace treaties with the defeated Central Powers.