▲ Դեպի վեր

lang.iso lang.iso lang.iso


Ameriabank Receives Two IFC Awards for Achievements in Trade-Finance Sector

Syrian Parliament recognizes Armenian Genocide

Macron congratulates Turkish historian for “denouncing Armenian Genocide denial”

Vartine Ohanian Becomes First Female Armenian Minister in Lebanon’s History

Azerbaijani singer refuses to share stage with Armenian opera singer at Dresden Opera Ball

The US Embassy in Armenia donated firefighting equipment to the Ministry of Emergency Situations

Nikol Pashinyan welcomes Presidents of Iran and US from the peak of Artanish (2461m)

Information that Pashinyan has congratulated the Tramp on the military operation in Baghdad is FAKE

Cool music, a lot of new cocktails, and tangerine. New Year in Jean Paul

Պետական ​​կրթաթոշակ ՝ Սիլիկոնյան հովտում սովորելու համար

SAS Group’s holiday surprise for Orran children

Senator Menendez cried out in thanksgiving for the Genocide Resolution

US Senate recognizes the Armenian Genocide

Weightlifting Championship in Israel. Armenian-Turkish scandal

Artsakh people's security not subject to compromise. Zohrab Mnatsakanyan

PM's wife made a post on FB page inviting Aliyeva to Artsakh and insisting her invitation is serious

The dream of listening to Mugham will remain unfulfilled. Anna Hakobyan invites Mehriban. . .

€ 23 million for consulting and € 10 million for the private sector

Indian media: Gangster named Budda deported from Armenia

AI powered websites just in few minutes? - Now it’s reality.

Pashinyan Explains to Azerbaijani Journalist Why He Said "Artsakh is Armenia and End"

Two Armenian Catholic priests shot dead by terrorists in Syria

Azerbaijan Man Arrested For Listening To Armenian Music

House overwhelmingly approves resolution recognizing Armenian genocide

This is a vote I've been waiting for for 19 years. Adam Schiff was touched during the talk

Ararat Mirzoyan's speech at the PACE European Conference of Speakers of Parliaments

Speech by Anna Hakobyan at the "Education for All" conference

Tigran Avinyan: the campaign against Amulsar was organized and financed

Aurora Prize Laureates had lunch with children of Orran and UWC Dilijan students

Aurora has become our Nobel Peace Prize. Nikol Pashinyan

Yerevan is older than Rome: Armenian pilot tells passengers of airplane flying to Italy

Armenian lavash on CNN’s list of World’s best breads

Irish Ryanair announces flights from Armenia from 2020

President Sargsyan received the participants of the AGBU "The Stone" program

10 million trees will be planted in Armenia on the 10/10 of 2020. Nikol Pashinyan

Speech by Ararat Mirzoyan at the 130th Assembly of the Inter-Parliamentary Union

Yerevan included in Booking.com’s Top 10 Trending Destinations for 2020

Cher reminds of Armenian Genocide amid Turkey’s Syria assault

Kim Kardashian Baptized in Armenia's Etchmiadzin: Christian Name Heghine

Kim and Kourtney Kardashian visit Armenian President Armen Sarkissian for dinner at the palace․DailyMail

Dudelange vs Qarabag suspended after drone carrying Nagorno-Karabakh flag flies over pitch

Pashinyan meets Putin

Armenian, Singapore PMs discuss broad range of issues on bilateral relations

Nikol Pashinyan's speech at the 74th session of the UN General Assembly

Armenia’s PM Nikol Pashinyan attends reception hosted by Donald Trump

Netanyahu reminds Erdogan of awful massacre of the Armenian people

Film on Armenia’s Velvet Revolution takes runner-up award at Toronto Festival

Mkhitaryan's debut goal at Roma

Top 5 of Project LA songs by views on Youtube channel during the last 30 days

Kim Kardashian West to Visit Armenia and Participate in WCIT 2019

International Legal Expert Affirms Artsakh’s Right of Self-Determination

By Harut Sassounian

Publisher, The California Courier



A colloquium was held on February 27, 2018, at the European Parliament in Brussels on the legal right of self-determination for Nagorno-Karabagh (Artsakh). It was hosted by European Parliament deputies Michèle Rivasi (Verts/A LE) and Lars Adaktusson (EPP); and co-organized by the Armenian Legal Center for Justice and Human Rights, Tufenkian Foundation, and the European Armenian Federation for Justice and Democracy.


The speakers at the colloquium were: Dr. Alfred de Zayas, a UN Independent Expert on the promotion of a democratic and equitable international order; Dr. Paul Williams, Professor of Law, American University Washington College of Law and co-founder of Public International Law & Policy Group; Dr. Sergey Markedonov, Associate Professor at Russian State University; Armine Aleksanyan, Deputy Foreign Minister of Artsakh Republic; and moderator Giro Manoyan, Board Member of the Armenian Legal Center for Justice and Human Rights.


Prof. Alfred de Zayas started his legal argument by quoting from the International Covenant on Civil and Political Rights and the Covenant on Economic, Social and Cultural Rights which stipulate that “All peoples have the right of self-determination.”


Furthermore, international legal expert de Zayas emphasized that according to the two UN Covenants, “duty bearers of the right of self-determination are all States parties to the Covenants, who are not merely prohibited from interfering with the exercise of the right, but ‘shall promote’ its realization proactively…. They must not only respect the right, but implement it. Moreover in modern international law, self-determination is an erga omnes [towards everyone] commitment stipulated in numerous articles of the UN Charter and in countless Security Council and General Assembly resolutions. The empowerment of peoples to enjoy human rights without discrimination and to exercise a degree of self-government is crucial for national and international stability. Otherwise, a significant potential for conflict remains.”


Significantly, Prof. de Zayas stressed: “Even though self-determination has emerged as a jus cogens [compelling law] right, superior to many other international law principles, including territorial integrity, it is not self-executing.” Among “legitimate claimants to the right of self-determination,” Prof. de Zayas included the Kurds, Sahraouis, Palestinians, Kashmiris, Igbos of Biafra, and Tamils of Sri Lanka. He also mentioned as examples “the Russian-Ukrainian entities of Lugansk and Donetsk, the Republic of Pridnestrovia (Transnistria-Moldavia), the Republic of Artsakh (Nagorno Karabagh), Abkhazia, and Southern Ossetia… among peoples that have achieved self-determination through effective separation from State entities with which they had hitherto been associated, but their international status remains inchoate because of the political bickering among the great powers and consequent lack of international recognition.”


Prof. de Zayas added that people seeking self-determination “are entitled to the full protection of the International human rights treaty regime. A solution to the impasse can only be through peaceful negotiation, since the use of armed force against self-determination would violate numerous international treaties, including the UN Charter, the human rights Covenants, and the Geneva Red Cross Conventions.”


“If there is a compelling demand for separation,” de Zayas insisted, “it is most important to avoid the use of force, which would endanger local, regional and international stability and further erode the enjoyment of other human rights.” In addition, “The implementation of self-determination is not exclusively within the domestic jurisdiction of the State concerned, but is a legitimate concern of the international community.”


Prof. de Zayas explained that the principle of territorial integrity is only valid in the case of an external attack: “The principle is not intended for internal application, because this would automatically cancel out the jus cogens [compelling law] right of self-determination. Every single exercise of the right of self-determination that results in secession has entailed an adjustment to the territorial integrity of the previous State entity. There are too many precedents to count.”


There should be no discrimination among people who seek self-determination, according to Prof. de Zayas: “The independence of the former Soviet republics and the secession of the peoples of the former Yugoslavia created important precedents for the implementation of self-determination. These precedents cannot be ignored when modern self-determination disputes arise. It is not possible to say yes to the self-determination of Estonia, Latvia, Lithuania, Slovenia, Croatia, Bosnia and Herzegovina, Kosovo, but then say no to the self-determination of the people of Abkhazia, Southern Ossetia or Nagorno Karabagh. All these peoples have the same human rights and must not be discriminated against. As in the case of the successful claimants, these peoples also unilaterally declared independence. There is no justification whatever to deny them recognition by applying self-determination selectively and making frivolous distinctions that have no base in law or justice.”


For those who juxtapose the principle of territorial integrity to self-determination, Prof. de Zayas countered: “The principle of territorial integrity is not sufficient justification to perpetuate situations of internal conflict that may fester and erupt in civil war, thus threatening regional and international peace and security.”


Finally, Prof. de Zayas suggested that “In order to ensure sustainable internal and external peace in the twenty-first century, the international community must react to early warning signs and establish conflict-prevention mechanisms. Facilitating dialog between peoples and organizing referenda in a timely fashion are tools to ensure the peaceful evolution of national and international relations. Inclusion of all stakeholders must be the rule, not the exception. In conclusion, let us celebrate the implementation of self-determination of peoples as an expression of democracy, as indeed democracy is a form of self-determination.”


Կայքում տեղ գտած մտքերն ու տեսակետները հեղինակի սեփականությունն են և կարող են չհամընկնել Asekose.am-ի խմբագրության տեսակետների հետ: Նյութերի ներքո` վիրավորական ցանկացած արտահայտություն կհեռացվի կայքից:
Politics more