The detention of Mr. Ruben Vardanyan by the Azerbaijani authorities is illegal
Mr. Vardanyan was detained on 27 of September, 2023 by the Azerbaijani authorities in Lachin (Berdzor) corridor. He briefly serves as the State Minister of Nagorno-Karabakh Republic (Artsakh) from October 2022 to February 2023. In accordance with the Trilateral Statement from November 9, 2020, the Corridor has been under authority of the Russian peacekeepers.
By the virtue of the Charter of the United Nations, the UN General Assembly resolution on the Principles of International Law (A/Res/25/2625), the OSCE Helsinki Final Act, the people of Nagorno-Karabakh Republic has expressed its will to be a part of international community, 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.
The Azerbaijan's aggression in 2020 and 2023, the genocide against the ethnic Armenians, war crimes and crimes against humanity, ethnic cleansing of the Armenians and annihilation of the Armenian heritage, constant violations of the ceasefire, systematic violations of previously reached agreements, disregarding the decisions of international courts and recommendations of international bodies monitoring the fulfillment of obligations under international treaties prove that the members of the Azerbaijan’s military-political leadership have been committing actions stipulated by International Criminal Law.
Azerbaijan conducts anti Armenian policy that was proved by international courts, which decisions have not been implemented yet. In its order of 7 December 2021 the International court of justice on Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan) the Court indicates provisional measures to protect certain rights claimed by Armenia and orders to Azerbaijan take all necessary measures to prevent the incitement and promotion of racial hatred and discrimination, including by its officials and public institutions, targeted at persons of Armenian national or ethnic origin. In its intermediate measure decisions of European Court of Human Rights (right to live, etc.), the ECHR requires Azerbaijan to stop the violations. In its order of 22 February, 2023 the International Court of Justice required from Azerbaijan to “ensure uninterrupted free movement of all persons, vehicles, and cargo along the Lachin Corridor in both directions”.
The jus cogens principles of the whole international community, such as the prohibition of the threat or use of force, as well as the erga omnes obligation (states have towards the international community as a whole) to prevent genocide and other grave violations of international law requires from every state to exercise all necessary measures in its capacity to ensure the implementation of their devotion to the UN Charter and the Principles of International Law.
The detention of Mr. Ruben Vardanyan is illegal, it is an obvious expression of the Azerbaijani organized policy of the Armenian hatred (mentioned by the ICJ and ECHR), as well as the policy of genocide against the Armenian people.