International Law, Accountability, and the Rights of Displaced Communities
82. Territorial Integrity and Self-Determination
The Nagorno-Karabakh conflict involved two principles frequently invoked in international disputes: territorial integrity and self-determination.
Azerbaijan emphasized its internationally recognized borders and the principle that states are entitled to territorial integrity.
The Armenian side emphasized the right of Nagorno-Karabakh's Armenian population to determine its political future and to live without persecution.
International law recognizes both principles, but their application is complex.
Self-determination does not automatically create a general legal entitlement to unilateral secession.
At the same time, sovereignty does not eliminate a state's obligations to protect the rights, safety, property, and cultural identity of people living within its borders.
The central historical tragedy of the conflict was that decades of negotiations failed to establish a mutually accepted arrangement addressing both sovereignty and the security of the affected populations.
83. The Prohibition of Attacks Against Civilians
International humanitarian law requires parties to armed conflict to distinguish between military objectives and civilians.
Civilian populations must not be deliberately targeted.
Indiscriminate attacks are prohibited.
Attacks expected to cause civilian harm excessive in relation to the concrete and direct military advantage anticipated are also prohibited.
These obligations apply regardless of the political justification offered for a war.
The documentation of civilian casualties in Stepanakert, Ganja, Barda, and other locations demonstrates the importance of these rules.
Investigations by Amnesty International and Human Rights Watch identified serious violations committed by forces on both sides.
84. The Rights of Prisoners and Detainees
Prisoners of war and other persons protected by international humanitarian law must be treated humanely.
Torture, summary execution, degrading treatment, and reprisals against prisoners are prohibited.
The legal classification of detainees may differ depending on the circumstances of their capture and the nature of the conflict.
However, disputes over classification do not remove fundamental protections against torture and arbitrary killing.
The continued detention of individuals captured during or after the war became a significant obstacle to reconciliation.
85. The Right of Return and Property Rights
Displaced persons have important rights concerning safety, family life, housing, property, and protection against discrimination.
The circumstances of any proposed return must be evaluated in light of security, freedom from intimidation, access to services, and respect for fundamental rights.
For Azerbaijanis displaced during the First War, the recovery of territory created opportunities for return after decades away from their homes.
For Armenians displaced in 2020 and 2023, the possibility of returning safely to Nagorno-Karabakh became a central humanitarian concern.
In November 2023, the International Court of Justice ordered provisional measures concerning the rights of Armenians who had left Nagorno-Karabakh, including measures related to safe return and protection from intimidation.
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A durable peace requires addressing the rights of displaced people without discrimination.
86. Mines and Unexploded Ordnance
Landmines and unexploded munitions remained major threats after the war.
Decades of fighting had left dangerous contamination across fields, roads, forests, and former military positions.
Explosive remnants threatened returning civilians, farmers, construction workers, and humanitarian personnel.
Mine clearance became essential for reconstruction and safe resettlement.
Azerbaijan reported significant mine contamination in recovered territories.
Armenia and Azerbaijan disputed the accuracy and completeness of minefield information exchanged after the war.
Humanitarian demining requires technical expertise, sustained funding, reliable information, and cooperation among relevant authorities.