MFA_Report_on_the_occupied_territories_March_2016_1

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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), . 103
The UNWTO Executive Council at its 100th Session, held in May 2015 in Rovinj, Republic of Croatia, having considered recommendations of the World Committee on Tourism Ethics entitled “Prevention of Promotion of Conflict Zones as Tourism Destinations and Using Tourism for Illegal Purposes”, made on the proposal of the Government of Azerbaijan, unanimously adopted a decision urging “governments, as well as public and private stakeholders in the tourism sector, to observe and respect the Global Code of Ethics for Tourism as well as all ethical principles embodied in the United Nations General Assembly and Security Council resolutions, in all circumstances, including during armed conflicts.” The Executive Council also called on Member States, as well as public and private stakeholders in the tourism sector, to conduct all tourismrelated activities accordingly. 668 The Code unequivocally stresses the requirement for tourists and all tourist stakeholders to act in full respect of laws of the visiting countries and to refrain from committing any criminal act or any act considered criminal by the laws of the country visited. The Code underlines that tourists and visitors should benefit from the liberty to move within their countries and from one State to another in strict compliance with international law and the legislation of the States. The Code contains provisions that obligate governments and tour operators to inform the tourists of the dangers they may encounter during their travel to a particular destination, especially when there is a crisis. 669 668 See UNWTO Executive Council decision “Recommendations of the World Committee on Tourism Ethics on the proposal of the Government of the Republic of Azerbaijan: “Prevention of Promotion of Conflict Zones as Tourism Destinations and Using Tourism for Illegal Purposes” (EC decision 1(XCIX)) and the proposed draft resolution of the Government of Azerbaijan, CE/100/DEC (2015), Doc. CE/100/11, . 669 See Global Code of Ethics for Tourism, . 104
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Contents A. Introduction 5 B. Execu
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A. Introduction At the end of 1987,
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The OSCE Minsk Group co-chairmen co
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B. Executive Summary The examined e
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Armenian statistical information sh
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thus profit from and support the oc
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programmes that ultimately serve th
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the field commanders. 20 S.Ohanyan
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II. Continued attempts of Armenia t
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the country’s president.” 44 Ar
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the NKR.” 58 According to the Arm
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Armenian public to be a subsidiary
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planning, development of collaborat
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Settlement activities in the occupi
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and mechanical growth. 134 In 2001,
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the separatist regime Arthur Aghabe
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Orientation for the newly arrived S
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There are reports that Syrian Armen
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Armenia’s Dorozhnik LLC company i
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as of 2013. Thus, for example, whil
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X. Providing products, investments,
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in Armenia lack sufficient financia
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consists of public figures and busi
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percent shares of Armenia's Armswis
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Armenia’s Prime Minister Hovik Ab
Page 54 and 55: “Kataro” wine production facili
Page 56 and 57: It is difficult to determine the ac
Page 58 and 59: The Asmaryan family from Syria work
Page 60 and 61: Former Prime Minister Tigran Sargsy
Page 62 and 63: Bako Sahakyan visits agricultural f
Page 64 and 65: Armenia is particularly interested
Page 66 and 67: President of Armenia visits “Trgh
Page 68 and 69: Wheat and other crops harvested in
Page 70 and 71: Back in February 1995, the National
Page 72 and 73: Caterpillar heavy machines are used
Page 74 and 75: 270 tons 460 ). Extracted unprocess
Page 76 and 77: Unprocessed ore form Soyudlu gold m
Page 78 and 79: acquainted with the works there. 48
Page 80 and 81: Prime Minister of Armenia Hovik Abr
Page 82 and 83: As far as gold is concerned, Armeni
Page 84 and 85: protection) in the Bashitchay Natio
Page 86 and 87: As of 2015, approximately 460 mines
Page 88 and 89: Juma Mosque in the occupied city of
Page 90 and 91: E. Obligations and Responsibility u
Page 92 and 93: should follow the UN Guiding Princi
Page 94 and 95: No exception or provision for derog
Page 96 and 97: the invoked laws cannot be consider
Page 98 and 99: “One of the cornerstones of the l
Page 100 and 101: Serious breaches of obligations und
Page 102 and 103: Nagorno-Karabakh was unilaterally d
Page 106 and 107: F. Urgent Measures to Cease and Rev
Page 108: G. ANNEXES Original designations of
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