Armenia's Prime Minister @NikolPashinyan's attempt to draw a parallel between the Republic of Azerbaijan’s indirect constitutional reference to its succession of the 1918–1920 Azerbaijan Democratic Republic, and Armenia’s indirect constitutional reference to the illegal 1989 act—aimed at annexing part of the Azerbaijan SSR to the Armenian SSR—is fundamentally flawed.
The Constitution of the Republic of Azerbaijan refers to the Constitutional Act on the State Independence of the Republic of Azerbaijan, which contains a clause on legal succession, establishing the continuity of legal personality between the Azerbaijan Democratic Republic and the Republic of Azerbaijan rather than focusing on territorial congruency between the two.
This interpretation of legal succession, however, does not inherently resolve or dismiss territorial or border questions; issues of territorial changes remain relevant and subject to separate legal considerations.
Indeed, numerous precedents demonstrate that legal succession can be established without territorial congruence, with territorial adjustments being addressed through separate instruments. For example, the Russian Federation is recognized as the legal successor of the Soviet Union, and the Federal Republic of Germany continues the legal personality of the German Reich, with significant territorial adjustments in both cases. Crucially, these examples do not bear territorial questions within the context of succession, as corresponding territorial changes were validated through proper legal instruments.
Thus, the central legal question concerning territorial matters is the legality and legitimacy of the border changes themselves, rather than the mere reference to succession or lack thereof.
In the case of Azerbaijan and Armenia, the primary focus should rest on the legality of border modifications made after April 1920, when the Azerbaijan Democratic Republic lost its independence. It is well-documented that multiple, significant territorial adjustments occurred between Armenia/the Armenian SSR and Azerbaijan/the Azerbaijan SSR from April 1920 to 1968, each time favoring Armenia. These acts were imposed on Azerbaijan under duress, which raises substantial questions about their legality.
Adding to the complexity, these territorial alterations were accompanied by significant human rights violations, as the entire Azerbaijani population, which constituted the majority in the transferred areas including in Zəngəzur, Göyçə və Dərələyəz, was ethnically cleansed by Armenia. This historical context adds an additional layer of sensitivity and underscores the need for a comprehensive legal, political and moral examination of these actions.
Again, clarifying that Azerbaijan’s legal succession primarily concerns the continuation of its legal personality is indeed important; however, this clarification does not resolve the outstanding questions regarding the legality of border changes — an issue that remains pertinent irrespective of Azerbaijan’s explicit reference to succession.
Azerbaijan seeks to address these issues constructively through dialogue, as underscored once again in the yesterday’s clarification from the Ministry of Foreign Affairs.
Pashinyan’s highlight of this legal and historical issue actually reveals Armenia's weaker position on the matter, and further complicates dialogue. The Armenian government would be wise to stop speculation on this matter and to promptly remove any territorial claims against Azerbaijan from its constitution and other documents.
Some basic facts:
-Garabagh is part of #Azerbaijan🇦🇿
-Yet Armenia🇦🇲 still has 10,000 illegal troops there, refusing to withdraw them.
-🇦🇲 supports the armed separatism against 🇦🇿.
-🇦🇿 won’t tolerate the illegal armed regime in Khankendi that terrorizes 🇦🇿 citizens.
-🇦🇿 will ensure rights & security of Armenian civilians in Garabagh as equal 🇦🇿 citizens.
The illegal regime must be dissolved, illegal troops disarmed & withdrawn
ANTI-TERROR MEASURES
Armenia must respect Azerbaijan's territorial integrity and enable return of Azerbaijanis expelled from Armenia
Armenia's armed forces, illegally stationed in the territories of Azerbaijan, where Russian Federation's peacekeeping forces are temporarily deployed, killed six Azerbaijanis, including four policemen and two civilian construction workers, in the early hours of September 19, 2023. Additionally, two servicemen were injured due to gunfire from Armenian military units targeting Azerbaijani Army positions.
All of this is happening in the context of Armenia's refusal to fulfill its commitment to fully withdraw its troops from Azerbaijani territories, its persistent support for separatism, sabotaging Azerbaijan's reintegration efforts, and conducting an extensive international propaganda campaign against Azerbaijan. It seems clear that Armenia's goal is to maintain control over Azerbaijan's territories and continue its territorial claims through the use of force.
The successive steps taken by the Azerbaijani side, based on the norms and principles of international law, have given Armenia the opportunity to choose peace and cooperation. Regrettably, Armenia has not abandoned the ideology of ethnically exclusive statehood and territorial expansion and has once again chosen the path of provocation, partly at the instigation of its notorious backers.
Considering all of these factors, the Azerbaijan Army has started local anti-terrorist measures to restore the constitutional order in the Karabakh region of Azerbaijan.
The Armenian government must comply with international law and its obligations, withdraw the remnants of its armed forces from the sovereign territory of Azerbaijan. The illegal Armenian armed groups must be disarmed, and the junta regime must be abolished.
We call on the international community to exert pressure on Armenia to abandon its mono-ethnic statehood ideology, cease its infringement upon Azerbaijan's territorial integrity and sovereignty, and facilitate the safe and dignified return of Azerbaijanis forcibly expelled from Armenia to their homes.
#TerritorialIntegriy
#StopArmenianTerrorism
#RightToReturn
@UN@UN_OCT@UNODC_TPB@StateDept@USEmbassyBaku@usembarmenia@armgov@StateDept@mfa_russia@embrus_az@CharlesMichel@ToivoKlaar@NATO@irenefellin@JavierColominaP@francediplo