Wednesday, August 9, 2023 Top International Lawyer Calls Azerbaijani Blockade Of Nagorno-Karabakh Genocide Former International Criminal Court prosecutor Luis Moreno Ocampo (file photo) The founding prosecutor of the International Criminal Court has described the current blockade of Nagorno-Karabakh by Azerbaijan as a genocide. In an expert opinion requested by Nagorno-Karabakh’s ethnic Armenian leader in late July, Luis Moreno Ocampo, an Argentine lawyer who served at the Hague court in 2003-2012, stressed that “there is an ongoing Genocide against 120,000 Armenians living in Nagorno-Karabakh.” In the document published from New York on August 7 and titled “Genocide against Armenians in 2023” the 71-year-old lawyer who successfully prosecuted for crimes against humanity three heads of state, including the president of Sudan, Omar al-Bashir, said that “the blockade of the Lachin Corridor by the Azerbaijani security forces impeding access to any food, medical supplies, and other essentials should be considered a Genocide under Article II, (c) of the Genocide Convention: ‘Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.’” “There are no crematories, and there are no machete attacks. Starvation is the invisible Genocide weapon. Without immediate dramatic change, this group of Armenians will be destroyed in a few weeks. Starvation as a method to destroy people was neglected by the entire international community when it was used against Armenians in 1915, Jews and Poles in 1939, Russians in Leningrad (now Saint Petersburg) in 1941, and Cambodians in 1975/1976. Starvation was also neglected when used in Srebrenica in the winter of 1993/1994,” Ocampo wrote. He reminded that analyzing the Srebrenica case, the International Court of Justice ruled that “deprivation of food, medical care, shelter or clothing” constitute Genocide within the meaning of Article II(c) of the Genocide Convention. “State parties of the Genocide Convention assumed the duty to prevent and punish Genocide. The International Court of Justice ruled that state parties should ‘not wait until the perpetration of Genocide commences,’ and ‘The whole point of the obligation is to prevent or attempt to prevent the occurrence of the act,’” the lawyer noted. In his expert opinion Ocampo wrote that “there is a reasonable basis to believe that a Genocide is being committed against Armenians living in Nagorno-Karabakh in 2023.” He stressed that the International Court of Justice, at the request of Armenia, has already analyzed the Lachin corridor’s blockade. “The Court focused on State liability for alleged violations of the International Convention on the Elimination of All Forms of Racial Discrimination rather than individual criminal responsibility for the commission of Genocide. Though predicated on a different set of State obligations, the Court confirmed the occurrence of the material elements of Genocide that are set out in Article II, (c) of the Genocide Convention: “Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.” The Court’s preliminary findings considered “plausible” that the Lachin corridor blockade produced “a real and imminent risk” to the “health and life” of an ethnic group, “the Armenians living in Nagorno-Karabakh.” The intention, a subjective element required by the crime of Genocide, should be deduced from the facts and statements from [Azerbaijani] President [Ilham] Aliyev, who has supreme authority in Azerbaijan,” Ocampo wrote. The Argentine lawyer went on to note that “President Aliyev, in a fair trial, would have the opportunity to provide a different interpretation of the indicia.” “In the meantime, there is reasonable basis to believe that President Aliyev has Genocidal intentions: he has knowingly, willingly and voluntarily blockaded the Lachin Corridor even after having been placed on notice regarding the consequences of his actions by the ICJ’s provisional orders,” the founding prosecutor of the International Criminal Court wrote in his conclusion. Official Baku has not yet commented on the expert opinion provided by Ocampo at the request of Nagorno-Karabakh’s ethnic Armenian leader Arayik Harutiunian. Meanwhile, Harutiunian on August 8 issued an urgent appeal to the international community, asking for immediate action to lift the blockade imposed by Azerbaijan and prevent what he called “the genocide of the people of Nagorno-Karabakh.” Karabakh Leader Appeals To International Community Over Azerbaijani Blockade Arayik Harutiunian, leader of Nagorno-Karabakh (file photo) Nagorno-Karabakh leader Arayik Harutiunian has issued an urgent appeal to the international community, asking for immediate action to lift a de facto blockade imposed by Azerbaijan and prevent what he called “the genocide of the people of Nagorno-Karabakh.” “With this urgent address I am signaling that right now the people of the Republic of Artsakh [Nagorno-Karabakh – ed.] are being subjected to genocide and face a real threat of destruction and deprivation of their homeland,” Harutiunian said in a video address published late on August 8. He then presented what he described as a humanitarian crisis created by the 240-day blockade of Nagorno-Karabakh, charging that “in a situation like this manifestation of inaction or indifference is nothing but acquiescence in the crime of genocide.” “The international community must take effective personal and collective steps in order not to allow Azerbaijan to fill the history of mankind with another page of mass famine and genocide,” Harutiunian said. The Karabakh leader said that Stepanakert calls on Armenia to “immediately submit to the UN Security Council for discussion the humanitarian disaster that has emerged as a result of Azerbaijan’s blockade of the Lachin Corridor and the illegal blockade of Nagorno-Karabakh, which have grown into the crime of genocide, with the aim of adopting a resolution that implies urgent and concrete steps, as well as to turn to international partners for considering and imposing sanctions against Azerbaijan.” Harutiunian also urged Yerevan to be careful in its public statements and assessments of the situation. The president of Nagorno-Karabakh called on the UN secretary general “to show moral and political responsibility and leadership, involving the entire UN system, in order to prevent further international crimes committed by Azerbaijan in Nagorno-Karabakh.” “Please do not forget that Artsakh is currently the only territory in the world that is under complete siege and where even the international community does not have access. Don’t you have a question as to why Azerbaijan seeks to subject the peaceful people of Artsakh to complete isolation? Are you not bothered by the fact that from the point of view of human rights protection Artsakh has become not even a gray zone, but a black hole where all the crimes that human civilization has seen may happen? Do you not realize that such international impunity and allowing a new genocide will generate new crimes, possibly against your own peoples?! Therefore, I ask and demand from all of you that you immediately take action and stop this ongoing genocide of the people of Artsakh before it is too late,” the leader of Nagorno-Karabakh underscored. Azerbaijan routinely brushes aside accusations that it pursues a policy of ethnic cleansings against Karabakh Armenians. After the 2020 war in which Azerbaijan regained control of all of the territories held by ethnic Armenian forces outside the borders of Nagorno-Karabakh as well as a chunk of the former autonomous oblast itself Azerbaijani President Ilham Aliyev has repeatedly warned the local population to integrate into Azerbaijan or leave. Tensions around the region escalated after Azerbaijan in June suspended traffic through a checkpoint it had installed in the Lachin corridor two months earlier pending an investigation after it said “various types of contraband” had been discovered in the Red Cross vehicles coming from Armenia. Baku says it can only allow supplies to reach Nagorno-Karabakh over a road from Agdam, a town controlled by Azerbaijan in the east of the region. Ethnic Armenian authorities in Nagorno-Karabakh reject this offer, saying Azerbaijan’s blockade is a violation of the Moscow-brokered 2020 cease-fire agreement that placed the 5-kilometer-wide strip of land under the control of Russian peacekeepers. The United States and the European Union have urged Azerbaijan to allow humanitarian supplies to reach Nagorno-Karabakh via the Lachin corridor. A delegation led by staff members of the U.S. Senate Foreign Relations Committee on August 8 visited the site in Armenia’s southern Syunik Province where a 19-truck convoy with humanitarian aid heading from Armenia to Nagorno-Karabakh has been stranded, awaiting approval from Azerbaijan to proceed. A group of UN experts issued a statement on August 7, expressing alarm over the ongoing blockade of the Lachin corridor by Azerbaijan, which they said had led to a dire humanitarian crisis in Nagorno-Karabakh. They urged Azerbaijan to lift the blockade. “By lifting the blockade, the authorities can alleviate the suffering of thousands of people in Nagorno-Karabakh and allow for the unimpeded flow of humanitarian assistance to the civilian population. It is essential to ensure the safety, dignity, and well-being of all individuals during this critical time,” the experts said, also calling on Russian peacekeeping forces deployed in the region to protect the corridor under the terms of the ceasefire agreement. Azerbaijan’s Ministry of Foreign Affairs criticized the UN experts for what it described as their biased statement that it claimed had been influenced by “Armenia’s manipulations.” Armenian FM Briefs Foreign Counterparts On ‘Deepening Humanitarian Crisis’ In Nagorno-Karabakh Armenian Foreign Minister Ararat Mirzoyan (file photo) Armenian Foreign Minister Ararat Mirzoyan held a series of phone calls with his foreign counterparts on Wednesday, briefing them on what he described as a “deepening humanitarian crisis” in Nagorno-Karabakh brought on by Azerbaijan’s continuing blockade of a vital route of supplies from Armenia. The press office of Armenia’s Foreign Ministry said Mirzoyan held telephone conversations with the foreign ministers of Lithuania, Bulgaria, Greece, Spain, as well as with a senior U.S. Department of State officials. According to an official report, talking to his Lithuanian counterpart Gabrielius Landsbergis, Mirzoyan emphasized the urgency of supplying food, medicine and other essential goods to Nagorno-Karabakh, as well as the need to ensure the full and uninterrupted functioning of the International Committee of the Red Cross, the only international humanitarian organization with access to Nagorno-Karabakh. He also stressed the importance of “taking concrete steps by international actors, including the EU and EU member states, in order to lift the blockade of the Lachin corridor and to prevent Azerbaijan’s steps aimed at ethnic cleansing in Nagorno-Karabakh.” Raising similar concerns during his phone calls with his Greek and Bulgarian counterparts, George Gerapetritis and Mariya Gabriel, the Armenian foreign minister also reportedly stressed the importance of the immediate lifting of the blockade of the Lachine corridor in accordance with the decisions of the International Court of Justice of February 22 and July 6. Mirzoyan was also quoted as pointing out Azerbaijan’s “unacceptable acts of intimidation”, referring to the recent detention of a Nagorno-Karabakh resident accused by Baku of allegedly perpetrating war crimes in the early 1990s that Yerevan calls abduction. In his telephone conversation with Spanish Minister of Foreign Affairs, European Union and Cooperation Jose Manuel Albares Bueno Mirzoyan reportedly emphasized “the seriousness of the situation in Nagorno-Karabakh and the lack of necessary medical care resulting from the complete blockade of the Armenian-populated region since June 15, especially for the most sensitive groups such as 30,000 children, 20,000 elderly and 9,000 persons with disabilities.” Talking to Yuri Kim, Acting Assistant Secretary of the U.S. Department of State Bureau of European and Eurasian Affairs, the Armenian minister reportedly said that “the continuous deterioration of the humanitarian situation in Nagorno-Karabakh itself threatens the efforts of Armenia and the international community aimed at establishing a sustainable peace in the region.” Mirzoyan, according to the official report, emphasized the need “to make the best use of existing mechanisms and to immediately remove the blockade of the Lachin corridor in accordance with the decisions of the International Court of Justice.” “Both sides noted the need to take steps to resolve the situation and agreed to continue contacts in that direction. Minister Mirzoyan emphasized the need for joint efforts of the international community in the current situation,” the Armenian Foreign Ministry’s statement said. Armenian Group Threatening To End Karabakh Blockade By Force Claims More Obstruction From Police • Ruzanna Stepanian A scuffle between police officers and members of the Crusaders group protesting in Republic Square, Yerevan, August 8, 2023. A group of Armenian war veterans threatening to “take matters into their own hands” unless authorities make efforts to swiftly end the Azerbaijani blockade of Nagorno-Karabakh have claimed more obstruction from police after arriving in the south of Armenia. Members of the group called Crusaders that mostly consists of veterans of Karabakh wars said they arrived on Wednesday morning at a site near a bridge over the Hakari river marking the entrance to the Lachin corridor linking Armenia and Nagorno-Karabakh where Azerbaijan installed a checkpoint earlier this year and tightened the effective blockade of the Armenian-populated region two months ago. Armenia and ethnic Armenian authorities in Nagorno-Karabakh consider the Azerbaijani checkpoint at the Lachin corridor illegal as they insist its violates a Moscow-brokered 2020 ceasefire agreement that places the vital route under the control of Russian peacekeepers. The de facto blockade has resulted in severe shortages of food, medicine, and energy supply in the region which is home to about 120,000 ethnic Armenians. Azerbaijan denies blockading Nagorno-Karabakh and offers an alternative route for supplies via the town of Agdam, which is situated east of the region and away from Armenia and is controlled by Baku. Ethnic Armenian authorities in Nagorno-Karabakh reject that offer, fearing that it could be a prelude to the absorption of what remains of the former autonomous oblast into Azerbaijan. Armenia has called for the reopening of the Lachin corridor, but officials in Yerevan have rejected any scenario of using force to unblock access to Nagorno-Karabakh. As many as 14 members of the Crusaders group were detained on Tuesday during a protest in front of the government offices in central Yerevan demanding that they be armed with the intention of unblocking the corridor by force. The Interior Ministry told RFE/RL’s Armenian Service that 13 of them were released shortly, but one protester was transferred to a preliminary investigation body on suspicion of carrying a knife. It is unclear whether the obscure group has any immediate plans to try to confront the Azerbaijani checkpoints. After spending some time in the vicinity of the Hakari bridge Crusaders members reportedly went back to the village of Kornidzor and then further to Goris. One of the group members, Hovhannes Hovhannisian, published a video on TikTok, claiming that the police blocked their way in Kornidzor and did not allow them to move forward. “We have arrived here, look with how many people they are blocking our way. They don’t let us go and pass this food [to Nagorno-Karabakh],” he said, referring to a convoy of 19 trucks with humanitarian aid that has been stranded near the entrance to the Lachin corridor on the Armenian side for nearly two weeks awaiting Azerbaijan’s approval to proceed to Nagorno-Karabakh. “Let those who are Armenians, let veterans join us. But instead of joining us, instead of taking up arms and coming with us, they [police] point guns at us and threaten us with weapons,” Hovhannisian added. Kornidzor village mayor Arshak Karapetian said that he did not have time to talk to the Crusaders and did not know what the group members were going to do in Goris. “I just came to say hello and brought some water for them to drink. There were about 20-25 of them,” Karapetian said. Before setting off to the southern Syunik province Crusaders members visited a military cemetery in Yerevan where soldiers killed in Nagorno-Karabakh wars are buried. From the place called Yerablur the commander of the group, Sargis Poghosian, called on others to join them. “It seems to me that this is our last chance, we must do it, we must fight, we must not retreat, we must be able to win to save the people of Artsakh [Nagorno-Karabakh – ed.], we must save our families, our fellow Armenians. Dear people, we must not leave the people of Artsakh alone. Folks, come and join us before it is too late. Come and join us so that we can at least open the road, at least let food enter Artsakh, at least let people there go to bed with their stomachs full,” Poghosian said. Official Baku has not yet commented on the presence of Armenian war veterans near the Azerbaijani checkpoint at the Hakari bridge threatening to unblock the road passing through what Azerbaijan considers to be its sovereign territory. In the recent past, however, both political and military officials in Azerbaijan vowed decisive actions against any “Armenian provocation.” Reposted on ANN/Armenian News with permission from RFE/RL Copyright (c) 2023 Radio Free Europe / Radio Liberty, Inc. 1201 Connecticut Ave., N.W. Washington DC 20036.