BAKU, Azerbaijan, November 16. Armenian Prime Minister Nikol Pashinyan as soon as once more shocked the world along with his views on diplomacy and worldwide regulation. He claimed in X that he had discovered territorial claims towards Armenia within the structure of Azerbaijan. The rationale? Azerbaijan declared itself the successor of the Azerbaijan Democratic Republic that existed between 1918 and 1920.
What’s attention-grabbing is that it was Armenia, in 1918 and once more within the 1990s, that made territorial claims over Nakhchivan and Karabakh, and even launched assaults on Azerbaijan and Georgia, with claims within the Borchali district. Now, any reference to succession in Azerbaijan's structure is being interpreted by Yerevan as “territorial claims” towards Armenia.
Frankly, that is precisely the scenario the place the present management of Armenia urgently wants recommendation from worldwide regulation consultants. They want a transparent clarification of what the idea of heritage means within the fashionable world. For instance, in 1991, after the collapse of the Soviet Union, the Russian Federation declared itself the successor of the us. This meant that it agreed to uphold treaties signed by Moscow, resembling these on nuclear disarmament and management of missile expertise, however didn’t inherit the borders or territories of the us. The territory of the Soviet Union was 20 million sq. kilometers, whereas that of Russia was 17 million. This is only one of many examples all over the world.
Now, let's discuss Armenia's territorial claims towards Azerbaijan – precise claims, enshrined in Armenia's structure.
Let's check out Armenia's structure: “The Armenian folks, guided by the basic ideas of Armenian citizenship and the nationwide targets outlined within the Declaration of Independence of Armenia, having fulfilled the dream of their freedom-loving ancestors to revive sovereign statehood, dedicated to strengthening and creating it for the sake of freedom, normal welfare and civil concord for future generations, affirming their dedication to the values common human rights, approve the Structure of the Republic of Armenia”.
Additionally, take into account the Declaration of Independence of Armenia: “The Supreme Council of the Armenian SSR, expressing the unified will of the folks of Armenia, recognizing its accountability for the destiny of the Armenian folks and the belief of the aspirations of all Armenians, and restoration of historic justice, guided by the ideas of the Common Declaration of Human Rights and the universally acknowledged norms of worldwide regulation, fulfilling the best of countries to self-determination, based mostly on the joint Decision of the Supreme Council of the Armenian SSR and the Nagorno-Karabakh Nationwide Council of December 1, 1989, “On the reunification of the Armenian SSR and Nagorno-Karabakh”, creating the democratic traditions of the unbiased Republic of Armenia, established on Might 28, 1918, for the aim of building a democratic law-governed Society…”
At present, some in Armenia argue that the Declaration of Independence is a “historic doc” that can’t be revised or modified and must be seen solely as a historic textual content.
The issue is that because the independence of Armenia after the collapse of the us, from 1991 to 2023, this constitutional provision, declaring part of the territory of Azerbaijan as belonging to Armenia, was not a “historic tribute” – it was an lively doc and purposeful. On this foundation Robert Kocharyan was allowed to turn out to be prime minister in 1998 and later president. In 2003, the identical provision enabled him to safe re-election for a second time period. Armenian recruits served within the occupied territories of Azerbaijan, and even Ashot Pashinyan, son of Nikol Pashinyan, served within the military there. Transfers from the funds of Armenia helped finance the “funds of Nagorno-Karabakh”. Maps exhibiting the “inclusion” of Azerbaijan's occupied territories have been additionally circulated in official EAEU publications.
In 2003, the Constitutional Courtroom of Armenia thought of whether or not Robert Kocharyan might legally maintain the workplace of President. In response to Armenian regulation, one needed to have lived in Armenia for 10 years to turn out to be president. On the time, Kocharyan had been dwelling in Nagorno-Karabakh, which was occupied by Armenia, even holding the title of “President” of the self-proclaimed occupying regime there. The Constitutional Courtroom dominated that all the things was high quality, as the choice of the Supreme Council of the Armenian SSR had “reunited” Karabakh with Armenia, which means that Kocharian's residence in Karabakh was thought of a residence in Armenia.
Quick ahead to 2024, the identical Constitutional Courtroom of Armenia, whereas reviewing the rules for bilateral border demarcation commissions, dominated that Karabakh is a part of Azerbaijan and that the choice on “Miatzum” (reunification) is now “historical past”.
At present, we’re merely anticipated to consider that Armenia will overlook this constitutional provision. It’s advised that the Constitutional Courtroom resolve the problem and all the things might be high quality. However right here the query arises: will the Constitutional Courtroom change its thoughts once more? And might we actually belief the choices of such a Constitutional Courtroom? Internally, that is determined by the Armenians. However on the worldwide stage, the scenario is totally different. We will recall how Nikol Pashinyan was moved by the slogan “Karabakh is Armenia, interval!” for signing paperwork that acknowledged Karabakh as a part of Azerbaijan. It’s pure for politicians to alter their positions; the regulation doesn’t prohibit it. However the Constitutional Courtroom can not behave like a climate vane. Its selections should be appropriate and can’t change based mostly on political tendencies, even when these tendencies are framed as a “constructive place” or “political will”.
There is no such thing as a level in mocking how a lot Nikol Pashinyan has influenced the Constitutional Courtroom – that is Armenia's inner problem. Nonetheless, it’s clear that any present or future Armenian authorities could select to disregard what’s written within the structure and reinterpret the reference to the Declaration of Independence and the Supreme Council decision on “Miatzum” not as a historic textual content, however as a lively charge. , probably rekindling the battle, as occurred twice within the 20th century.
One might debate why Armenia is so fixated on territorial claims towards its neighbors. Maybe as a result of it was created within the Caucasus as a device for international insurance policies aimed toward territorial growth, particularly in the direction of the Ottoman Empire. In consequence, all the things in Armenia – from historical past to ideology to tradition – has been formed by territorial ambitions.
However given this historical past, Azerbaijan has each proper, to place it mildly, to not merely consider Nikol Pashinyan's assurances that Armenia will now interpret its structure otherwise. Azerbaijan's place is totally justified and every other nation in its place would act in the identical method.
Fuad Akhundov
political scientist