MFA_Report_on_the_occupied_territories_March_2016_1

A large number of domestic criminal courts also have jurisdiction over war crimes perpetrated
by companies. Indeed, corporate criminal liability and the individual criminal liability of business
representatives should function in tandem. 662
The first and most compelling basis for prosecuting commercial actors for illegal activities in war
zones involves State prosecutors bringing charges against their own companies or business
representatives. The so-called “nationality” or “active personality” principle entitles States to
assert criminal jurisdiction over offenses perpetrated by their nationals overseas. 663 The concept
extends to companies registered within a State’s jurisdiction as well as individual citizens
operating abroad. 664
As noted above, universal jurisdiction provides another basis upon which States can investigate
and prosecute corporations or their representatives for violations of international humanitarian
law. The notion of universal jurisdiction is based on the idea that certain offenses are sufficiently
grave that all States can assert criminal jurisdiction over the perpetrators regardless of where
the offenses took place or the nationality of the respective participants. War crimes clearly meet
the requisite degree of gravity. 665
There is no current international criminal court or tribunal with relevant jurisdiction with regard
to the violations of international humanitarian law perpetrated in the occupied territories of
Azerbaijan. Therefore, pursuit of individuals and corporations may be undertaken through the
domestic courts of involved or third party States.
XXII. Obligations of foreign nationals, including tourists and tourism stakeholders, to
comply with the norms and principles of international law and the legislation of the
Republic of Azerbaijan
The Republic of Azerbaijan warned all nationals of foreign countries that, due to the continuing
occupation of the Nagorno-Karabakh region and surrounding districts of Azerbaijan by the armed
forces of the Republic of Armenia, any visits to those territories without prior permission of
Azerbaijan are considered a breach of the national legislation of Azerbaijan. Those who traveled
to the occupied territories without permission of Azerbaijan are denied the entry into Azerbaijan
and face the relevant legal and administrative measures. 666
The Republic of Azerbaijan called upon all States to take effective measures to prevent tourism
companies, travel agencies, tour operators and their umbrella organizations, operating on their
territories, from organizing tourist visits to and the promotion of tourism in the occupied territories
of Azerbaijan, propagating the illegal separatist regime at international tourism fairs and other
tourism events.
The Republic of Azerbaijan brought to the attention of the Executive Council of the World Tourism
Organization (UNWTO) at its 99th Session, held in October 2014 in Samarkand, Republic of
Uzbekistan, 667 the issue of abuse of tourism for political purposes, such as the promotion of
hazardous destinations, including conflict zones and territories under unlawful military occupation,
as tourist destinations, which violates international law, contravenes the fundamental aims of
tourism set forth in the Statute of the UNWTO and the principles of the Global Code of Ethics for
Tourism approved by the UNWTO and endorsed by the UN General Assembly.
662
See e.g. Antonio Cassese and Paola Gaeta, op. cit., pp. 67 and 72.
663
See The Unsettling Business of Settlement Business, op. cit.
664
Ibid., pp. 79-83.
665
See e.g. Antonio Cassese and Paola Gaeta, op. cit., p. 276.
666
See “Warning for the Foreign Nationals Wishing to Travel to the Occupied Territories of the Republic of Azerbaijan”, Ministry of
Foreign Affairs of the Republic of Azerbaijan, .
667
See UNWTO Executive Council decision CE/DEC/1(XCIX) (2014), .
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