Published since 16/01/1923

PROBLEM

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  The settlement of the Nagorno-Karabakh conflict some people say is possible through conciliation of the allegedly contradicting principles of territorial integrity and self-determination of peoples. In speaking about territorial integrity mainly two documents are referred to, the Charter of the United Nations (1945) and the Conference on Security and Co-operation in Europe, Final Act (1975). Let us go through these documents to see if these references are relevant. First, let us consider the principles of self-determination of peoples and territorial integrity according to the Charter of the United Nations to reveal their legal content in the document and thereby their relevance to the international law. The charter is dominant over all the other international documents. This provision is set down in Article 103 of the Charter, and is accepted by all the members of the UN. Article 1 of the Charter dwells on the goals and principles of this organization. According to Article 1 Point 2 of the Charter of the United Nations, “The Purposes of the United Nations are: 1. ... 2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace.” [1] It is clear that the UN considers self-determination of peoples (self-determination, not just the right of people for self-determination, i.e. the application of this right) as not only one of its basic principles but also as a basis for friendly relations and universal peace. Hence, rejection of self-determination hinders friendship and universal peace. In addition, Article 24, Point 2 holds: “In discharging these duties [the maintenance of international peace and security] the Security Council shall act in accordance with the Purposes and Principles of the United Nations.” It means in the maintenance of international peace and security the Security Council must be guided by self-determination if peoples because it is one of its principles. As to territorial integrity, it is not included in the purposes or principles of the UN. The Charter includes (Article 2, Point 4) unacceptability of use of force against territorial integrity in international relations. “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state...” In other words, it is not absolute maintenance of territorial integrity of a state but the unacceptability of use of force against the territorial integrity of one state by another state. It has nothing to do with applying the tight of the self-determinate community, separation with its own territory, if this community wishes to self-determinate through independence. It should be noted that only the community has the right to decide the form of its self-determination: a classic independent country, a federation, sovereignty, or unification with another state [2]. Most experts on the law of nations acknowledge self-termination as a legal principle unlike the so-called territorial integrity. Hence, it is obvious that the political aspect of the issue cannot distort its legal content [3]. Moreover, the principle of self-determination is part of the jus cogens of the international law, therefore [4] it cannot be changed. The UN General Assembly declared by Resolution 637A(VII) (December 16, 1952): “The States Members of the United Nations shall uphold the principle of self-determination of all peoples and nations.” [5] It is highly important that the honoring of the right for self-determination is interpreted as obligation proceeding from the Charter of the United Nations. (... regards the principle of self-determination as a part of the obligations stemming from the Charter) [6]. The other important international document which is often referred to is the Conference on Security and Co-operation in Europe, Final Act adopted on August 1, 1975. It is also known as Helsinki Final Act. This document allegedly upholds territorial integrity and indivisibility of border. It does not. “They [the participating States] consider that their frontiers can be changed, in accordance with international law, by peaceful means and by agreement,” holds Helsinki Final Act’s Chapter 1. It makes clear that use of force against territorial integrity and political independence is unacceptable. “The participating States will refrain in their mutual relations, as well as in their international relations in general, from the treat or use of force against the territorial integrity or political independence of any State ...” Hence, it is obvious that the Helsinki Final Act, like the Charter, condemns use of force against territorial integrity and not absolute maintenance of territorial integrity. In other words, the unacceptability of threat or use of force by one of the countries which signed the final act against another country’s territorial integrity and political independence. It should be kept in mind that the Helsinki Final Act and the Charter intend to maintain peace and security through refraining from threat or use of force in international relations and not eternal borders or conferring the status of a holy cow to the territories of states. Self-determination of peoples is one of the basic principles of the international law in accordance to which the borders of the USSR, Czechoslovakia, Germany, Yugoslavia changed and will change (Serbia). To conclude, neither the Charter nor the Helsinki Final Act provide for territorial integrity or indivisibility of borders. These documents include only commitment assumed by countries on signing these documents not to threaten or use force against the territorial integrity of another state. Hence, if Azerbaijan used force in answer to the free and peaceful expression of the will of the people of Nagorno-Karabakh (rallies, referendums, claims, appeals), took inadequate means of punishment, perpetrated massacres of the Armenian citizens of Azerbaijan in Sumgait, Baku, Kirovabad, waged a ruthless war with Ukrainian, Afghan, Russian mercenaries and sustained a defeat losing control over part of the territories it considers as its own, it has nothing to do with the territorial integrity mentioned in the abovementioned documents.*** 1. Similar wording is found in Article 55 of the Charter on stability. 2. Ian Brownlie, Principles of Public International Law, Oxford University Press, Fifth edition, 2001, p. 599. 3. Ibid., p. 600. 4. Ibid., pp. 475-76. 5. Ibid., p. 600. 6. Ibid.

• ARA PAPIAN

• PROBLEM

  ARA PAPIAN   
  The settlement of the Nagorno-Karabakh conflict some people say is possible through conciliation of the allegedly contradicting principles of territorial integrity and self-determination of peoples. In ...

• NKR PRESIDENT SIGNED A DECREE

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  President Arkady Ghukasian signed a decree on May 25. By this decree the president conferred the rank of Lieutenant General to Major General Movses Hakobian, the minister of defense of NKR, the acting ...

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  LAURA GRIGORIAN   

• NKR PRESIDENT MET WITH ARCHBISHOP PARGEV MARTIROSIAN

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• 1807  Yusuf zia Pasha (Turkish "seraskyar") attacks Gyoomree with 10000 soldiers.
• 1878  Signature in London of the British-Russian agreement to change the San-Stefano treaty.
• 1913  End of the First Balkan War, which lasted for about seven months. Andranik leads an Armenian detachment.
• 1915  The Turkish government approves the “Temporary Deportation Law" that was already being implemented.
• 1927  Death of Atrpet (Sargis Moobayajyan), Armenian writer, public figure and author of "Tjvjeek" - a classic short story - as well as "Javaheer", "Khev" among others.
• 1953  Without consulting the Armenians, the USSR relinquishes claims to the (Western) Armenian territories occupied by Turkey.
• 1964  The Armenian Literature and Art week starts in Tallin (Estonia).

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