MFA_Report_on_the_occupied_territories_March_2016_1

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should follow the UN Guiding Principles on Business and Human Rights 575 and to exercise due diligence to ensure that they do not contribute, directly or indirectly, to human rights violations and breaches of international law related to the occupation of the territories of Azerbaijan. Other important instruments applicable in relation to the occupied territories of Azerbaijan are the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and the 1954 and 1999 protocols thereto. It should also be taken into account that attempts to cover up the illegal activities in the occupied territories of Azerbaijan under the disguise of “humanitarian assistance” are fundamentally flawed. It is well-established and generally accepted that humanitarian relief actions by States, international organizations and other entities and bodies should be exclusively humanitarian in nature and should be carried out in conformity with the principles of neutrality, impartiality and consent of the affected country, while fully respecting the sovereignty, territorial integrity and national unity of States in accordance with the Charter of the United Nations, as reaffirmed in the Guiding Principles on humanitarian assistance adopted by the UN General Assembly through its resolution 46/182 on “Strengthening of the coordination of humanitarian emergency assistance of the United Nations” of 19 December 1991. XX. Armenia’s duties as an occupier of Azerbaijani territory General According to the principles of occupation set out in the aforementioned international instruments, any military occupation is considered temporary in nature, an occupant does not acquire sovereignty over an occupied territory and the legal status of the territory in question remains unaffected by the occupation of that territory. International law prohibits actions which are based solely on the military strength of the occupying Power and not on a sovereign decision by the occupied State. 576 The occupation of a territory jus in bello does not entail the right to annex that territory, since jus contra bellum forbids any seizure of territory based on the use of force. 577 It is clear that the occupying power does not have a free hand to alter the legal, social and economic structure in the territory in question and that any form of annexation is forbidden. According to Roberts, “Annexation has often been seen, quite naturally, as linked to aggression. Many international lawyers have propounded the principle that unilateral acts inconsistent with fundamental rules if international law should be viewed as null and void, and no prescriptive rights should accrue in favour of the aggressor. Thus, annexation resulting from aggression should not be recognized.” 578 The occupying power must not exercise its authority in order to further its own interests, or to meet the interests of its own population. In no case can it exploit the inhabitants, the resources or other assets of the territory under its control for the benefit of its own territory or population. 579 Accordingly, no action taken by Armenia or by its subordinate local regime within the occupied territories can affect the pre-existing legal status of these territories, which thus remain Azerbaijani in international law. As an occupying power, Armenia is subject to a series of duties under 575 See “UN Guiding Principles on Business and Human Rights”, Office of the UN High Commissioner for Human Rights, . 576 Jean Pictet (gen. ed.), Commentary on the Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War (Geneva: ICRC, 1958), p. 273. 577 Eric David, Principes de droit des conflits armés (Principles of the Law of Armed Conflicts) (Moscow: ICRC, 2000), pp. 376-378; Jean Pictet (gen. ed.), ibid., pp. 273 and 275. 578 Adam Roberts, “Transformative Military Occupation: Applying the Laws of War and Human Rights”, 100 American Journal of International Law (2006), p. 584. 579 See e.g. “Current challenges to the law of occupation”, speech delivered by Professor Daniel Thürer, Member, International Committee of the Red Cross, 6th Bruges Colloquium, 20-21 October 2005, available at . 91
international law. The core of these duties is laid down in Article 43 of the Hague Regulations and focus upon the restoration and ensuring, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. The key features of this provision read together create a powerful presumption against change with regard to the occupying power’s relationship with the occupied territory and population, particularly concerning the maintenance of the existing legal system. Protection of the existing local legal system International humanitarian law provides for the keeping in place of the local legal system during occupation. This is a fundamental element in the juridical protection of the territory and population as they fall under the occupation of a hostile power. Article 43 of the Hague Regulations expressly provides for this in noting that the occupying power must respect local laws in force “unless absolutely prevented”. The term “laws in force” is to be interpreted widely to include not only laws in the strict sense, but also constitutional provisions, decrees, ordinances, court rulings as well as administrative regulations and executive orders. 580 The presumption in favour of the maintenance of the existing legal order is particularly high and is supplemented by provisions in Geneva Convention IV. 581 The Civil Code, the Law on State Registration of Legal Entities and State Registry, the Law on Protection of Foreign Investment, the Law on Investment Activity, the Tax Code as well as other laws, decrees and normative acts of the Republic of Azerbaijan provide the legal framework and outline requirements for any foreign natural and legal person, including those relating to compulsory registration with the relevant authorities of Azerbaijan prior to starting operations on its territory. According to Presidential Decree № 782 “On the Improvement of Regulations for Granting Special Permissions (Licenses) for Certain Types of Activities”, dated 2 September 2002, a special license to conduct business is required for any foreign natural and legal person willing to operate in regulated industries. Thus said, any foreign natural and legal person, willing to operate on the territory of Azerbaijan must strictly comply with the laws and regulations of Azerbaijan and must refrain from actions that infringe upon the sovereignty and territorial integrity of Azerbaijan. Prohibition on settlements in occupied territories Article 49 of Geneva Convention IV provides that “the occupying power shall not deport or transfer parts of its own civilian population into the territory it occupies”. This constitutes the basis and expression of a rule of law prohibiting the establishment of settlements in the occupied territories consisting of the population of the occupying power or of persons encouraged in any way by this power, directly or indirectly, to settle in these territories with the intention, expressed or otherwise, of changing the demographic balance. In its advisory opinion on the Construction of a Wall, the International Court of Justice has noted that this provision: “prohibits not only deportations or forced transfer of population such as those carried out during the Second World War, but also any measures taken by an occupying power in order to organize or encourage transfers or parts of its own population into the occupied territory”. 582 The authoritative ICRC commentary states that: “[Article 49(6)] is intended to prevent a practice adopted during the Second World War by certain Powers, which transferred portions of their own population to occupied territory for political and racial reasons, or in order, as they claimed, to colonize those territories.” 583 580 See Marco Sassòli, “Legislation and Maintenance of Public Order and Civil Life by Occupying Powers”, 16 European Journal of International Law (2005), pp. 668-669. 581 See Articles 54, 56 and 64. 582 Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, op. cit., para. 120. 583 See Jean Pictet (gen. ed.), op. cit., p. 283. 92
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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
Page 42 and 43: as of 2013. Thus, for example, whil
Page 44 and 45: X. Providing products, investments,
Page 46 and 47: in Armenia lack sufficient financia
Page 48 and 49: consists of public figures and busi
Page 50 and 51: percent shares of Armenia's Armswis
Page 52 and 53: 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 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 104 and 105: A large number of domestic criminal
Page 106 and 107: F. Urgent Measures to Cease and Rev
Page 108: G. ANNEXES Original designations of
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