International law in the buffer: Nagorno-Karabakh and intractable territorial disputes

In: Journal of international peacekeeping, Band 23, Heft 3-4, S. 249-302

Abstract

Territorial disputes historically have been commonplace in the Transcaucasian region. Nagorno-Karabakh is a region legally recognised as a part of Azerbaijan, but has historically been disputed by Armenia and Azerbaijan. It was an autonomous region during Soviet times, but fell within the administrative boundaries of the then Soviet Republic of Azerbaijan. Nagorno-Karabakh has operated de facto independently since 1992, when it declared independence. Azerbaijanis from regions bordering Nagorno-Karabakh were displaced from their homes in the 1990s. This created what some refer to a security buffer, but which constitute occupied territory. Azerbaijan seeks the return of all territories. For Karabakh Armenians any dispute settlement that would leave Nagorno-Karabakh within Azerbaijan is untenable, given security threats. The conflict is coloured by history, past injustices, and ideologies around identity. Despite decades of mediation attempts by the osce and others, the territory remains fervently disputed. Border skirmishes have been frequent since the 1990s. However, since September 2020 serious escalations in hostilities and violence in region risk a broader regional conflict and drawing in Turkey, Russia and Iran. The paper provides a historical exposition of factors underpinning the dispute, which are critical to understanding its context and ultimate resolution. It examines the claim to self-determination by the people of Nagorno-Karabakh from the perspective of international law. It addresses the interplay between conflicting norms of territorial integrity and self-determination. The paper reflects on questions of statehood, and on the emerging concept of remedial secession in cases of egregious human rights violations and where internal self-determination is denied, and their possible relevance to the Nagorno-Karabakh dispute.