International Law, Human Rights, and Accountability

The 2023 events raise several distinct questions under international law.

Territorial integrity

Nagorno-Karabakh was internationally recognized as part of Azerbaijan.

That status remained unchanged despite decades of Armenian de facto administration.

Azerbaijan therefore had a recognized sovereignty claim over the territory.

However, territorial sovereignty does not eliminate obligations to protect civilians, respect human rights, or comply with international humanitarian law.

Self-determination

Armenian residents and their representatives argued that the population possessed a right to self-determination and that historical persecution made self-government necessary for survival.

The principle of self-determination is recognized in international law, but its application to secession outside colonial contexts is contested.

International law does not automatically recognize an independent state whenever a regional population declares independence.

The tension between territorial integrity and self-determination was never resolved through a mutually accepted political settlement.

Prohibition of forced displacement

International humanitarian law restricts the forcible transfer and deportation of protected civilians in applicable circumstances.

A population may be forcibly displaced without every individual being physically removed by soldiers.

Threats, violence, deprivation, and coercive conditions may be relevant when assessing whether departure was genuinely voluntary.

Whether specific conduct constituted an international crime depends on the legal framework, the factual evidence, and the required mental elements.

Crimes against humanity

Crimes against humanity can include deportation or forcible transfer, persecution, imprisonment, torture, and other prohibited acts when committed as part of a widespread or systematic attack directed against a civilian population, with the required knowledge.

Determining whether such crimes occurred requires examination of patterns of conduct, policies, individual responsibility, and available evidence.

War crimes

Possible war crimes include intentionally attacking civilians, indiscriminate attacks, torture, inhumane treatment, unlawful destruction, and certain forms of displacement.

Investigations must examine specific incidents, identify responsible individuals, and distinguish military targets from civilian objects.

Genocide

Genocide requires a specific intent to destroy a protected group, in whole or in part, as such.

This requirement distinguishes genocide from other serious international crimes.

The 2023 blockade and exodus generated genocide allegations, but the existence of such allegations should not be confused with a final judicial determination.

The importance of impartial investigation

A credible accountability process should examine abuses committed during the entire conflict, including those affecting Armenians and Azerbaijanis.

It should include access to evidence, witness protection, forensic investigation, independent judicial review, and remedies for victims.

Acknowledging violations committed against one population does not require denying violations committed against another.

Accountability is most credible when legal standards are applied consistently.