PHOTO: © 2020. SHOSH VILLAGE IN ARTSAKH HEAVILY SHELLED BY AZERBAIJAN / PHOTO CREDITS: AREG BALAYAN. IMAGE SOURCE: WWW.MFA.AM
Executive summary and analysis by Ani Harutyunyan, Advanced LLM, MA
Data compilation and interviews: Marianna Khazhakyan and Elina Khachatryan;
Peace Dialogue’s team expresses gratitude to Zaruhi Darbinyan for provided information.
Content:
- Attacks Against Civilian Population, Individual Civilians And
Civilian Objects In Artsakh (Nagorno Karabakh) And Armenia - Indiscriminate Attacks
- The Use Of Banned Munitions
- Attacks Against Journalists
- Attacks Against Cultural Objects
- Attacks Against Humanitarian Assistance
- Crimes Against Hors De Combat And Civilians
The current report presents violations of international humanitarian law which also lead to war crimes under international law committed by Azerbaijani military forces in the course of their military operation against Artsakh (Nagorno Karabakh) and Armenia.
Azerbaijan is not a party to the Additional Protocols I and II of 1977 to the Geneva Conventions, while Armenia is. The Republic of Artsakh (Nagorno Karabakh) has declared its commitment to the adherence to the international humanitarian law conventions and customary rules. Despite Azerbaijan’s unwillingness to join the Additional Protocols it is bound by the customary international law of armed conflicts and the prohibition of war crimes under customary international law.
This report considers the armed conflict between Azerbaijan and Artsakh (Nagorno Karabakh) international due to the established nature of the Artsakh’s de-facto statehood. In addition, the Additional Protocol I of 1977 to the Geneva Conventions regards the armed conflicts in the exercise of the people of their right to self-determination as international.
(!) Please note, that this report is linked with the compilation of records on violations of the International Humanitarian Law and Customary Law by Azerbaijani military forces published by Peace Dialogue on October 29, 2020. The records are regularly updating with more accurate, evidence-based data. The updated records will be reflected also in the text of this document.
Attacks Against Civilian Population, Individual Civilians And Civilian Objects In Artsakh (Nagorno Karabakh) And Armenia
It is strictly prohibited under customary international law as a war crime directing attacks (targeting) the civilian population, individual civilians (Article 51(2), Additional Protocol I of 1977 to Geneva Conventions (AP I); para. 49.) and civilian objects (Article 52, AP I; Henckaerts, Doswald-Beck, Customary International Humanitarian Law, Vol. I: Rules, 2005, pp. 25-26.).
Civilians become a legitimate target only when they take direct part in hostilities (ICTY, Prosecutor v. Galic, Trial Chamber, Judgment of 5 December 2003, para. 48.).
A civilian is anyone who is not a member of the armed forces or organized military group of the party to the conflict (Article 51(2), Article 43, AP I; ICTY, Prosecutor v. Galic, Trial Chamber, Judgment of 5 December 2003, para. 47.).
Civilian objects are those which are not military objectives (Article 52(1), AP I.). Military objectives are defined as those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage (Article 52(1), AP I, 1977.).
In the course of their military operation against Artsakh (Nagorno Karabakh), Azerbaijan targeted the civilian population and the objects since the beginning of its offensive not only alongside the line of contact of the armed forces but also about 90-100 km further deep-seated towns and villages. The absence of military objects in the vicinity, use of intelligence and highly precise striking unmanned aerial vehicle (UAVs), military aircrafts, as well as precise missiles launchers attacking the civilians and civilian objects in cities and villages – all this is an indication of the intention to target them (See the briefing of Artsakh Ombudsman Artak Beglaryan from 11 October, 2020).
An example is the targeting of a civilian person and a house in Hadrut on 27 September with a precise Israeli UAV “Harop”(See 05:00 minute of the video). UAV attacks continued further. On 16-17 October three civilian persons injured, houses damaged from the UAV and missile attacks in Stepanakert. Similarly, missiles, including ballistic missiles, targeted the civilian population and houses in capital Stepanakert and other cities.
The heavy shelling, bombardment on the cities and villages continue as of the day of publishing this report.
The capital city Stepanakert has suffered the most with the most deaths, wounded and having appeared in ruins and covered with the remnants of the unexploded missiles in the city. Azerbaijan continued attacking Stepanakert with cluster missiles destroying houses, wounding civilians and using missiles, resulting in burning of the gas pipeline, a car, buildings, shops. The regions of Martuni, Martakert, Askeran, Shushi also continue to be subjected to heavy missile, artillery and aerial attacks. On 28 October Azerbaijani armed forces directed more than 15 attacks against different areas of Stepanakert and Shushi, including on the hospital and central market of Stepanakert causing severe damage and destruction. As of the day of publishing this report, Azerbaijani armed forces continued attacking Stepanakert, Shushi, including Karintak village near Shushi.
According to Ombudsman of Artsakh, from 27 September to 31 October the armed forces of Azerbaijan directed attacks against more than 160 civilian areas, including densely populated cities and villages such as capital Stepanakert, towns of Shushi, Hadrut, Martuni, Martakert, Askeran, Karvajar, Berdzor, villages of Taghaser, Vardashat, Spitakshen, Maghavus, Nerkin Horatagh, Alashan, Mataghis, using heavy missiles, artillery, (aircrafts and UAVs). As of 31 October, 45 civilians were killed (a little girl, 7 women, 37 men), 141 wounded.
Attacks against the civilian objects and population by the Azerbaijani armed forces on 27 September – 1 October were reported also in the territory of Armenia, in Gegharkunik province, around Vardenis city, specifically Vardenis-Sotk highway, Shatvan, Kut villages. Earlier Armenia had denied the Azerbaijani claim they had taken control of Vardenis-Sotk highway. According to the ad hoc report of the ombudsman of Armenia, the artillery, UAV, including Turkish “Bayraktar”, attacks were directed against the civilian persons and objects as a result of which one civilian was killed. The targeting of the civilian population and objects was evidenced, among others, by the explosion site about 20-50 meters away from the houses, schools and by the fact that no military objects were located in their vicinity.
Gegharkunik province was targeted also later, on 14 October and onwards. On 14 October, in the morning, an Azerbaijani UAV targeted and wounded a 14 years old child at the field during the harvest in Sotk village near Vardenis city. According to the fact-finding of Armenia’s ombudsman, the UAV carried out several attacks on the civilians working in the field. After wounding the child, more attacks were directed at the same place of the field, while the rest of the villagers had already escaped. It was also reported that the UAV attacks damaged the schools of Sotk and Kut villages.
Azerbaijani armed forces directed attacks also against the south of Armenia, Syunik region. On 10 October Azerbaijani armed forces employed striking UAVs in Yeritsvank village in Artsvanik village of Kapan region in Armenia’s Syunik province. One person was killed. On 30 October more artillery attacks were directed against Davit Bek village of Syunik province of Armenia. Armenia’s ombudsman reported that on 2 November, at around 6 p.m. Azerbaijani forces struck Davit Bek village again, as a result of which 1 civilian was killed, 2 wounded, civilian houses damaged.
The president of Azerbaijan Ilham Aliev accepted publicly that their armed forces targeted the civilians and civilian objects in his interview (See 10:49 minute of the interview) to “Fox News” on 25 October:
“Our attacks there [capital Stepanakert] were only before 9th of October. We didn’t attack any civilians or cities in the Nagorno-Karabakh after that…”
Indiscriminate Attacks
The prohibition against targeting the civilian population does not exclude the legitimate civilian casualties incidental to an attack aimed at military targets (ICTY, Prosecutor v. Martic case, Trial Chamber, Judgment, 12 June 2007, para. 69.). However, the indiscriminate attacks, that is those, which employ a method or means of combat which cannot be directed at a specific military objective, are prohibited under customary international law (Nuclear Weapons case, para 243; ICTY, Prosecutor v. Tadic case, Interlocutory Appeal, para 134.). Moreover, as the ICTY has put it, a direct attack against civilians can be inferred from the indiscriminate character of the weapon used (ICTY, Prosecutor v. Martic case, Trial Chamber, Judgment, 12 June 2007, paras 69, 472.).
As already mentioned above, the information indicates the targeted nature of the Azerbaijani attacks on the civilians and civilian objects. In addition to that, heavy artillery, missiles and aerial weapons were used as a result of which infrastructures vital to the civilian population were damaged, such as electricity, gas, communication stations and means, main roads connecting Stepanakert with neighbouring villages, interregional and inter-community roads, factories, hydroelectric power plants, electrical networks of Stepanakert living the civilian population without electricity and heat (See Artsakh Ombudsman, Second Interim Report on the Azerbaijani atrocities against Artsakh population in September-October 2020, 10 October 2020, p. 17). According to Artsakh (Nagorno Karabakh) ombudsman, as of 31 October, more than 13.100 privately owned immovable property (residential houses, apartments, shops, etc), 2.000 private movable, 2.700 infrastructures, public and industrial objects (electricity, gas, telecommunication, water supplies, bridges, schools, kindergartens, cultural centers, factories etc) were severely damaged.
The widespread attacks on the cities and villages by Azerbaijan have forced approximately 60% (over 90,000) of the entire population of Artsakh (Nagorno Karabakh) to flee their homes (See Artsakh Ombudsman, Updated Second Interim Report on the Azerbaijani atrocities against Artsakh population in September-October 2020, 18 October 2020, p. 14.). The repeated non-stop attacks and the presence of both striking and intelligence UAVs above the cities and villages of Artsakh also evidence the intention of Azerbaijani forces to spread terror among the civilian population.
The Use Of Banned Munitions
The use of cluster munitions can indicate the deliberate nature of the attack against civilian population, taking into account certain factors of their use, such as the nature of the weapon from which the cluster munitions were fired, the absence of military objectives nearby, as well as the statements by the responsible military-political leadership for such attacks (See e.g.: ICTY, Prosecutor v. Martic, Trial Chamber decision on Rule 61, 8 March 1996, paras 18, 23-31; ICTY, Prosecutor v. Martic, Trial Chamber judgment, 12 June 2007, paras 236, 240, 263, 462.). In addition, cluster munitions, if launched against densely populated cities cannot distinguish between military objectives and civilians thus being indiscriminate.
There is large evidence on the repeated use of cluster munitions by Azerbaijan against the civilians of Artsakh. A video demonstrating the attack and its impact on the surrounding civilian residential area of Stepanakert was released. The ombudsman of Artsakh reported the use of LAR-160, as well as “Smerch” cluster-warhead missiles against the capital Stepanakert, towns of Shushi and Hadrut and the village of Shosh near Stepanakert, Martuni. Cluster bombs were found in homes and streets, according to the HALO Trust, one of the very few international humanitarian organizations present in Artsakh (Nagorno Karabakh). Amnesty International identified Israeli-made M095 DPICM cluster munitions fired by Azerbaijan against Stepanakert. Most recently, on 23 October, Human Rights Watch confirmed the repeated use of cluster munitions by Azerbaijan against the populated areas of the cities of Artsakh that showed “flagrant disregard for safety of civilians”.
According to available reports, Azerbaijani armed forces employed weapons containing white phosphorous and allegedly other chemicals on the forests of Artsakh. Videos were released demonstrating the use of such weapons. According to the fact-finding of Artsakh (Nagorno Karabakh) ombudsman, Azerbaijani armed forces have already burnt about 1.815 hectares of forests as of 2 November. According to the available data, they are used in all regions, with the most damage to Kashatagh, burnt 910 hectares forests. This number is growing rapidly due to the continuous and more active use of such weapons.
These are incendiary weapons/munitions which are “primarily designed to set fire to objects or to cause burn injury to persons through the action of flame, heat, or combination thereof, produced by a chemical reaction of a substance delivered on the target” (Article 1, CCW Protocol III.).
In addition to the environmental catastrophe, the use of these weapons threats the civilian population that have found shelter in the forests as a result of Azerbaijani targeting of cities and villages. Besides, their use may cause unnecessary suffering to the combatants.
Attacks Against Journalists
Journalists are specifically protected under international humanitarian law due to their vital role in bringing to the attention of the horrors and reality of conflict, and they are protected as civilians. The civilian journalists are protected against attacks as long as they are not taking a direct part in hostilities under customary international humanitarian law (Henckaerts, Doswald-Beck, Customary International Humanitarian Law, Vol. I: Rules, 2005, pp. 115-118. Article 79(2), AP I: “provided that they take no action adversely affecting their status” having the same meaning as “direct participation in hostilities”.).
A number of journalists from both Armenian and international media are present in the civilian areas in the cities and villages of Artsakh. They and their vehicles have specific identification signs “PRESS”.
As of day of publishing this report, dozens of journalists from international (e.g. “Le Monde”, “Agence France-Presse”, “Dozhd”) and local (e.g. “24news”, “ArmeniaTV”) news agencies were injured (Artsakh Ombudsman, Second Interim Report on the Azerbaijani atrocities against Artsakh population in September-October 2020, 10 October 2020, p. 15. ) as a result of artillery attack of the Azerbaijani forces directed against cities Martuni, Martakert, Hadrut.
On 8 October, Azerbaijani armed forces attacked twice Ghazanchetsots cathedral of Shushi allegedly using military aircraft and UAVs. As a result of the second attack three journalists that were recording the consequences of the first attack were seriously injured. Given the presence of UAVs in the area the Azerbaijani armed forces had clear advance information on the presence of journalists in the cathedral.
In both cases the information indicates the attack was directed also against the journalists. None of them were taking direct part in hostilities, they all had distinctive signs, so did their vehicles, no military objectives were located in the areas of the attacks.
Attacks Against Cultural Objects
Attacks against cultural objects in the course of a military operation in armed conflict are prohibited as an offence under customary international law regardless of adherence to a particular treaty (Articles 27, 56, Hague Regulations annexed to the 1907 IV Hague Convention Respecting the Laws and Customs of War.). Cultural objects may lose their protection from an attack only when being used at the time for military purposes (Article 27, Hague Convention of 1907.).
On 8 October, Azerbaijani armed forces carried out two attacks against St. Ghazanchechots cathedral in Shushi city, using military aircraft and UAV (Turkish “Bayraktar” as alleged by military experts). The first attack by the military aircraft (according to witnesses) already targeted and damaged the cathedral.
The second attack was carried out at the time when journalists were recording the damages made to the cathedral by the first attack. As a result of the second attack by the UAV, the cathedral was further damaged and three journalists were reported to be wounded.
St. Ghazanchechots cathedral is located in an open area without being used for any military purposes. There was even no military objective in its vicinity. Due to the fact that both the military aircraft and the UAV could precisely foresee and attack an objective it can be concluded that the attacks were directed against the cathedral.
Attacks Against Humanitarian Assistance
Humanitarian assistance personnel and objects are specifically protected under international humanitarian law due to their vital role in protection and assistance to the protected persons.
On 27 September when Azerbaijan commenced its attack against the civilian population and the civilian objects of the cities of Artsakh, such attacks were also carried out near the vehicles and buildings of the humanitarian organisations, such as ICRC and HALO Trust, located in the capital city Stepanakert.
Attacking Rescue Service
On 2 October Azerbaijani armed forces directed missile attacks against the permanent administrative building of Artsakh (Nagorno Karabakh) emergency service, ten personnel were wounded, one of whom died shortly after, the materials were damaged.
On 28 October an Azerbaijani missile attack was directed against the rescue personnel during the conduct of their humanitarian functions in Shushi. One person died and 5 seriously wounded.
On 1 November an Azerbaijani UAV targeted a rescue service’s fire truck of Askeran region and burnt it. The rescue service was transporting fresh water to the civilians at the time of the attack.
Attacking hospitals
On 11 October an ambulance vehicle transporting wounded was damaged in capital Stepanakert as a result of an attack by Azerbaijani armed forces.
On 14 October Azerbaijani armed forces targeted the military hospital in Martakert of Artsakh. According to a witness, the attack was carried out by three aircrafts which dropped bombs and missiles at the direction of the hospital. The hospital was damaged, medical vehicles were burnt. Both the hospital and the vehicles were clearly marked as medical. Later on 30 October Azerbaijani sources close to the government published their claims that another military hospital, located in Berdzor (Lachin) was used by the Armenians side for military purposes. This claim was checked and found to be false.
On 28 October Azerbaijani armed forces directed more than 15 attacks against different areas of Stepanakert and Shushi. They directed a missile attack against the hospital of Stepanakert, including the maternity ward. There were no military objectives around the hospital. The weapon that was used is believed to be Israeli “LORA” missile which is highly precise. The missiles were found also inside the hospital. Videos are available showing the hospital inside at the moment of the attack, as well as afterwards the damage caused by the attack. Ombudsman of Artsakh (Nagorno Karabakh) addressed the international community from the place of the attacks.
Crimes Against Hors De Combat And Civilians
Customary international humanitarian law prohibits as a war crime attacking, killing or wounding, ill-treatment or torture of persons hors de combat and civilians (e.g. Article 23, Hague Regulations; Article 41, AP I; Article 3 common to GCs; Article 6(b) IMT (Nuremberg); Article 12, GC I and GC II; Article 17 GV III; Articles 27, 32, GC IV.).
According to the interrogation of a Syrian mercenary who had been captured and later being prosecuted under the Criminal Code of Armenia, both his immediate commander Abu Hamshan and Turkish and Azerbaijani commanders gave orders to “behead, kill and slaughter all Armenians”. 100 USD was promised for each beheading.
A number of videos and photos were posted and circulated in social media demonstrating the crimes against Armenians such as killing, beheading, ill-treatment of hors de combat and civilians, mutilation of dead bodies. Please find the detailed records of several cases under the following link. (WARNING: Content might be disturbing to reader.)
