(MENAFN- AzerNews)
Fatima Latifova
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The legal scope of the damage caused by Armenia to Azerbaijan
during the First and Second Garabagh Wars is extremely significant.
Considering the Occupation of Azerbaijani lands, the destruction of
residential areas and historical monuments, the displacement of
nearly one million Azerbaijanis, the missile attacks on Barda and
Ganja using cluster rockets and ammunition during the Second
Garabagh War, and the current danger posed by landmines buried in
Garabagh, the legal consequences Armenia may face in terms of
punitive measures or compensation are of great interest.
In a comment on the issue for Azernews ,
LawyerRahim Mammadov stated that this is a complex process.
“The assessment of the damage caused by Armenia to Azerbaijan in
the context of international law, both during the First and Second
Garabagh Wars, is an extremely complicated process. During the
30-year occupation, Armenia inflicted immeasurable damage on the
Republic of Azerbaijan and its people,” he added.
The expert noted that the material damage inflicted by Armenia
on Azerbaijan exceeds $850 billion.
“After the end of the Second Garabagh War, special commissions
were established in Azerbaijan, which began to evaluate the
material damage inflicted on the Republic of Azerbaijan from the
period of occupation until the liberation of the territories.
Evidence is being collected, including satellite images. So far,
the damage inflicted on Azerbaijan has been recorded as exceeding
$850 billion. However, if moral damages are added, the total damage
should exceed a trillion dollars,” he noted
The lawyer emphasised the importance of applying the Iraq
scenario to Armenia in accordance with international practice.
“After Iraq occupied Kuwait in 1990, the UN Security Council
recognised Iraq as an aggressor state a year later and applied the
principle of extraordinary reparations against it. The legal
philosophy behind this was that, based on the relevant resolution,
Iraq was stripped of its right to control its natural resources,
and these resources were sold on the world market through an
international mechanism, with the proceeds paid to the Kuwaiti
government in installments. However, unfortunately, none of the
four resolutions adopted by the UN Security Council recognised
Armenia as an aggressor state,” expert stressed.
Mammadov stated that Azerbaijani citizens and the government can
apply to international courts with sufficient evidence.
“We, as Azerbaijani citizens, can only file complaints with the
European Court of Human Rights regarding compensation for the
damage caused by Armenia. The government, however, can file a
complaint against Armenia in accordance with Articles 33 and 34 of
the European Convention on Human Rights.”
The expert also stressed the importance of determining the
extent of the moral damage inflicted by Armenia on Azerbaijan.
“Moral damage is also important here. Nearly one million
Azerbaijanis were displaced from their homes during the First
Garabagh War. Their psychological conditions as well as the fates
of those who witnessed the crimes in Baghanis Ayrim, Dashalti,
Kalbajar, and massacres in Khojaly and Meshali have resulted in
significant moral harm. Today, the issue of landmines also poses a
particular danger. The political purpose behind Armenians planting
those mines in Garabagh is itself an act of aggression. It
represents a significant threat to the resettlement of Azerbaijani
citizens in the liberated territories and to economic activity. I
repeat, it is not just an obstacle but a threat,” Mammadov said
The lawyer noted that
reparations, not compensation, should be applied against
Armenia.
“The law enforcement agencies and special services of the
Republic of Azerbaijan must gather substantial evidence to bring
this issue into the legal sphere and to determine the extent of the
damage caused by Armenia, presenting it in accordance with the
relevant provisions of international courts. If compensation is
simply the payment of damages in monetary form, reparations can
take various forms, including not just money but also property and
other resources being paid to the victim state. In my opinion, a
decision similar to that imposed on Iraq would be more just and
legally sound for Armenia.”
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