United Nations General Assembly Resolution 62/243

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UN General Assembly
Resolution 62/243
The situation in the occupied territories of Azerbaijan (A-RES-62-243).png
  
In favour
  
Against
  
Abstained
  
Absent
  
Non-voting
Date14 March 2008
Meeting no.86th Plenary
CodeA/RES/62/243 (Document)
Subject The situation in the occupied territories of Azerbaijan
Voting summary
  • 39 voted for
  • 7 voted against
  • 100 abstained
  • 46 absent
ResultResolution adopted

United Nations General Assembly Resolution 62/243, titled "The Situation in the Occupied Territories of Azerbaijan", is a resolution of the United Nations General Assembly about the situation in Nagorno-Karabakh, which was adopted on March 14, 2008 at the 62nd session of the General Assembly. It became the seventh United Nations document concerning Nagorno-Karabakh and the third and last United Nations General Assembly document on it.

Contents

The resolution reaffirmed "continued respect and support for the sovereignty and territorial integrity" of Azerbaijan "within its internationally recognized borders", demanded the "immediate, complete and unconditional withdrawal of all Armenian forces from all the occupied territories of Azerbaijan", and emphasized that "no state shall render aid or assistance" to maintain the occupation of Azerbaijani territories. [1] The resolution was adopted shortly after 2008 Agdere skirmishes, which at the time had been the heaviest ceasefire violation between Armenia and Azerbaijan since the end of the Nagorno-Karabakh War.

Background

As a result of the First Nagorno-Karabakh War, Azerbaijan had to deal with the refugee crisis and significant territorial loss. A Russian-brokered ceasefire was signed in May 1994. [2]

In early 2005 the UN General Assembly's dispatch of a fact-finding mission had confirmed Armenian settlement in Azerbaijan's territory. [3] In 2006 massive fires had occurred in the eastern part of the occupied territories.

Although the Bishkek Protocol and UN Security Council resolutions called for a cessation of hostilities, fighting and artillery fire continued periodically along the entire front. On 4 March 2008 Mardakert clashes began. It involved the heaviest fighting over the Nagorno-Karabakh since the 1994 ceasefire. The skirmishes caused several fatalities. Both sides accused the other of starting the battle. The Ministry of Defence of the Republic of Azerbaijan released that an Armenian military intelligence group attempted to seize the Azerbaijani military positions in the vicinity of Chilabord, the occupied Azerbaijani village in Tartar. [4] Azerbaijan insisted that four Azerbaijani soldiers and twelve Armenian soldiers were killed and fifteen Armenian soldiers wounded, while Armenia insisted that eight Azerbaijani soldiers were killed and seven wounded, and that two Armenian soldiers were wounded, with no Armenian fatalities. After then, on March 8–9, tensions grew again on the contact line near Agdam; the Azerbaijani Ministry of Defence spokesman Eldar Sabiroglu stated that the Armenian forces had struck on civilian settlements, killing 2 and injuring 2 more civilians. [5] Azerbaijani President's aide, Ali M. Hasanov, called the attack an "Armenian provocation", alleging its relation with protests held in Yerevan. [5]

Following the skirmishes, the Organisation of Islamic Cooperation adopted resolution 10/11-P(IS) entitled "The aggression of the Republic of Armenia against the Republic of Azerbaijan" at the Dakar conference on March 13–14, 2008. [6] With this resolution, the OIC invited its member states to instruct their permanent representatives to the UN in New York to give comprehensive support to the territorial integrity of Azerbaijan during the voting in the UN General Assembly. It ensured the active participation of the member states in voting for the Azerbaijani sponsored resolution on March 14, 2008, at the 62nd session of the General Assembly. [7]

Most experts [8] consider most General Assembly resolutions to be non-binding. Articles 10 and 14 of the UN Charter refer to General Assembly resolutions as "recommendations"; the recommendatory nature of General Assembly resolutions has repeatedly been stressed by the International Court of Justice. [9]

While General Assembly resolutions are not binding on the members, they do reflect their opinion. In that respect, it was also important that the resolution reaffirmed, "no State shall recognize as lawful the situation resulting from the occupation of the territories of the Republic of Azerbaijan, nor render aid or assistance in maintaining this situation." Such language is a condemnation of any country actively supporting a movement that does not respect the sovereignty and territorial integrity of the country. [10] Furthermore, previous UN documents, unlike this resolution, did not contain explicit clauses on non-recognition of the breakaway Republic of Nagorno-Karabakh. [11]

Draft resolution

The Permanent Representative of Azerbaijan to UN Agshin Mehdiyev presented the draft resolution A/62/L.42, which was adopted by a recorded vote of 39 in favour to 7 against (including OSCE Minsk Group co-chairs), with 100 abstentions. [12]

While taking the vote upon the resolution, Russia voted for the first time ever against an international document supporting Azerbaijan's territorial integrity. [13] Azerbaijan dissatisfied with the abstaining position of the leading Western states. [14] Uzbekistan was the only supporting country from Central Asia. [15] Considering the arrears, the UN General Assembly did not record the vote by Paraguay. [3]

Voted for

Voted against

Voting rationales

See also

Related Research Articles

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Artsakh, officially the Republic of Artsakh or the Republic of Nagorno-Karabakh, was a breakaway state in the South Caucasus whose territory was internationally recognised as part of Azerbaijan. Between 1991 and 2023, Artsakh controlled parts of the former Nagorno-Karabakh Autonomous Oblast of the Azerbaijani Soviet Socialist Republic, including its capital Stepanakert. It had been an enclave within Azerbaijan from the 2020 Nagorno-Karabakh war until the 2023 Azerbaijani offensive, when the Azerbaijani military took control over the remaining territory controlled by Artsakh. Its only overland access route to Armenia after the 2020 war was via the 5 km (3.1 mi) wide Lachin corridor, which was placed under the supervision of Russian peacekeeping forces.

<span class="mw-page-title-main">Nagorno-Karabakh conflict</span> 1988–2024 conflict between Armenia and Azerbaijan

The Nagorno-Karabakh conflict was an ethnic and territorial conflict between Armenia and Azerbaijan over the region of Nagorno-Karabakh, inhabited mostly by ethnic Armenians until 2023, and seven surrounding districts, inhabited mostly by Azerbaijanis until their expulsion during the 1990s. The Nagorno-Karabakh region was entirely claimed by and partially controlled by the breakaway Republic of Artsakh, but was recognized internationally as part of Azerbaijan. Azerbaijan gradually re-established control over Nagorno-Karabakh region and the seven surrounding districts.

<span class="mw-page-title-main">Armenia–Azerbaijan relations</span> Bilateral relations

There are no diplomatic relations between Armenia and Azerbaijan. The two neighboring states had formal governmental relations between 1918 and 1921, during their brief independence from the collapsed Russian Empire, as the First Republic of Armenia and the Democratic Republic of Azerbaijan; these relations existed from the period after the Russian Revolution until they were occupied and annexed by the Soviet Union, becoming the constituent republics of Soviet Armenia and Soviet Azerbaijan. Due to the five wars waged by the countries in the past century—one from 1918 to 1921, another from 1988 to 1994, and the most recent in 2016, 2020 and 2023 —the two have had strained relations. In the wake of hostilities, social memory of Soviet-era cohabitation is widely repressed.

<span class="mw-page-title-main">United Nations Security Council Resolution 822</span> United Nations Security Council resolution

United Nations Security Council resolution 822 was adopted unanimously on 30 April 1993. After expressing concern at the deterioration of relations between Armenia and Azerbaijan, and the subsequent escalation of armed hostilities and deterioration in the humanitarian situation in the region, the Council demanded the immediate cessation of hostilities and the immediate withdrawal of Armenian occupying forces in the Kalbajar district near Nagorno-Karabakh in Azerbaijan.

<span class="mw-page-title-main">United Nations Security Council Resolution 874</span> United Nations resolution adopted in 1993

United Nations Security Council resolution 874, adopted unanimously on 14 October 1993, reaffirmed sovereignty and territorial integrity of the Azerbaijani Republic and of all other States in the region, called for the preservation of the ceasefire, cessation of hostilities and withdrawal of forces from recently occupied districts of the Republic of Azerbaijan, and reaffirmed resolutions 822 (1993) and 853 (1993). The Council expressed its concern at "...the conflict in and around the Nagorny Karabakh region of the Azerbaijani Republic, and of the tensions between the Republic of Armenia and the Azerbaijani Republic...", and called upon the parties to observe the ceasefire agreed with by the government of Russia and OSCE Minsk Group.

<span class="mw-page-title-main">United Nations Security Council Resolution 884</span> United Nations resolution adopted in 1993

United Nations Security Council resolution 884, adopted unanimously on 12 November 1993, after reaffirming resolutions 822 (1993), 853 (1993) and 874 (1993), the Council expressed its concern at the continuing conflict between Armenia and Azerbaijan in Nagorno-Karabakh and condemned violations of the ceasefire between the parties, particularly the occupation of the Zəngilan district and city of Goradiz. Resolution 884 is the fourth and last of the resolutions adopted by the UN Security Council regarding the Nagorno-Karabakh conflict.

<span class="mw-page-title-main">2008 Mardakert clashes</span>

The 2008 Mardakert clashes began on March 4 after the 2008 Armenian election protests. It involved the heaviest fighting between ethnic Armenian and Azerbaijani forces over the disputed region of Nagorno-Karabakh since the 1994 ceasefire after the First Nagorno-Karabakh War.

<span class="mw-page-title-main">Armenian-occupied territories surrounding Nagorno-Karabakh</span> Formerly occupied territories of Azerbaijan

The Armenian-occupied territories surrounding Nagorno-Karabakh were areas of Azerbaijan, situated around the former Nagorno-Karabakh Autonomous Oblast (NKAO), which were occupied by the ethnic Armenian military forces of the breakaway Republic of Artsakh with military support from Armenia, from the end of the First Nagorno-Karabakh War (1988–1994) to 2020, when the territories were returned to Azerbaijani control by military force or handed over in accordance to the 2020 Nagorno-Karabakh ceasefire agreement. The surrounding regions were seized by Armenians under the justification of a "security belt" which was to be traded for recognition of autonomous status from Azerbaijan.

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Organisation of the Islamic Conference Resolution 10/11, titled "The aggression of the Republic of Armenia against the Republic of Azerbaijan", is an Organisation of the Islamic Conference Resolution on Nagorno-Karabakh conflict adopted by its member states on March 13–14, 2008 during the OIC summit in Dakar, Senegal.

Organisation of the Islamic Conference of Foreign Ministers Resolution 10/37, titled "The aggression of the Republic of Armenia against the Republic of Azerbaijan", is a set of three Organisation of the Islamic Conference resolutions on Nagorno-Karabakh conflict adopted at the 37th annual session of Foreign Ministers of OIC member states on May 18–20, 2010 held in Dushanbe, Tajikistan. The session was attended by 80 delegations from member states, observer states and international organizations.

Council of Europe Parliamentary Assembly (PACE) Resolution 1416 (2005), titled “The conflict over the Nagorno-Karabakh region dealt with by the OSCE Minsk Conference”, is a resolution of PACE about the situation on occupied territories currently in the possession of Azerbaijan by Armenian military forces, adopted by PACE on January 25, 2005.

<span class="mw-page-title-main">Political status of Nagorno-Karabakh</span> Status of a disputed region in the Caucasus

The political status of Nagorno-Karabakh remained unresolved from its declaration of independence from the Soviet Union on 10 December 1991, to its September 2023 collapse. During Soviet times, it had been an ethnic Armenian autonomous oblast of the Azerbaijan Soviet Socialist Republic. Following the dissolution of the Soviet Union, a conflict arose between local Armenians who sought to have Nagorno-Karabakh join Armenia and local Azerbaijanis who opposed this.

<span class="mw-page-title-main">2016 Nagorno-Karabakh conflict</span> April 2016 conflict in the territory of Nagorno-Karabakh

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<i>Chiragov and Others v. Armenia</i> International human rights case

Chiragov v. Armenia was an international human rights case regarding the rights to property of Azeri nationals in the Nagorno-Karabakh region of former Soviet Azerbaijan. The judgment of the Grand Chamber of the European Court of Human Rights on the case originated in an application against the Republic of Armenia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms by six Azerbaijani nationals on 6 April 2005. The applicants alleged, in particular, that they were prevented from returning to the district of Lachin in territory occupied by the respondent Government, that they were thus unable to enjoy their property and homes located there, and that they had not received any compensation for their losses.

Azerbaijan has been a member in the United Nations since March 2, 1992, after the UN General Assembly admitted Azerbaijan at its 46th session. The Permanent Mission of the Republic of Azerbaijan was opened in New York City in May 1992. On October 29, 1991, soon after gaining independence from the Soviet Union, Azerbaijan applied to the UN General Assembly for joining the organization. Azerbaijan was elected as a non-permanent member of the UN Security Council for the term of 2012–2013.

In 1991, Azerbaijan joined the Organisation of Islamic Cooperation and started to build relations with the organization. As a result, the ambassador of Azerbaijan to Saudi Arabia was given a mandate of permanent representative of Azerbaijan to the General Secretariat of the OIC in May 1994.

United Nations General Assembly Resolution 48/144 of 20 December 1993 is a resolution in which the General Assembly expressed its concern at the ongoing degradation of the humanitarian situation in Azerbaijan because of the displacement of considerable number of citizens due to Nagorno Karabakh conflict and supporting "emergency international assistance to refugees and displaced persons in Azerbaijan". The resolution is titled “48/114. Emergency international assistance to refugees and displaced persons in Azerbaijan”. It became the fifth United Nations document concerning Nagorno-Karabakh and the first United Nations General Assembly document on humanitarian aid to those affected by this conflict. This resolution was the first international document affirming the number of refugees and displaced persons in Azerbaijan exceeded one million. The document does not make any specific reference to previous UN resolutions on the ongoing conflict, but "its relevant resolutions regarding humanitarian assistance to refugees and displaced persons". The resolution was adopted by consensus without voting.

The following is list of the official reactions to the Second Nagorno-Karabakh War.

During its existence, the Republic of Artsakh and the United States did not have official diplomatic relations as the United States was among the vast majority of countries that did not recognize Artsakh as a sovereign nation and instead recognized the region of Artsakh, or Nagorno-Karabakh, as part of Azerbaijan. Despite no formal relations, the Republic of Artsakh had a representative office in Washington, D.C. since November 1997. It is not known whether the office still functions after the apparent dissolution of Artsakh.

References

  1. ↑ "Resolution adopted by the General Assembly on 14 March 2008 – The situation in the occupied territories of Azerbaijan". United Nations. 14 March 2008. A/RES/62/243. Retrieved 18 March 2017.
  2. ↑ Samir Isayev (3 March 2021). "The Riddle of Karabakh's Status". bakuresearchinstitute.org. Baku Research Institute. Archived from the original on 4 August 2022. Retrieved 18 November 2022.
  3. 1 2 3 4 "General Assembly adopts resolution reaffirming territorial integrity of Azerbaijan, demanding withdrawal of all Armenian forces". United Nations Department of Public Information. 2008-03-14. Archived from the original on 2009-01-21.
  4. ↑ "12 Armenian soldiers killed, 15 wounded in clash". Day.Az. 2008-03-04. Archived from the original on 6 March 2008. Retrieved 2008-03-07.
  5. 1 2 "4 killed in Nagorno-Karabakh region in skirmishes between Azerbaijanis, Armenians Archived 14 March 2008 at the Wayback Machine ", International Herald Tribune. 10 March 2008. Retrieved 10 March 2008.
  6. ↑ "Resolution No. 10/11-P(IS) on the aggression by the Republic of Armenia against the Republic of Azerbaijan" (PDF). oic-oci.org. OIC. 2008. Archived from the original (PDF) on 17 July 2011. Retrieved 14 November 2022.
  7. ↑ Baxşəliyeva, Gövhər (28 October 2018). "Prezident İlham Əliyevin uğurlu Şərq siyasəti ölkəmizin diplomatik nailiyyətlərinin artmasına mühüm töhfə verir". Azerbaijan (243): 1, 3.
  8. ↑ e.g. Higgins (1994) p. 21
  9. ↑ Sergei A. Voitovich, International Economic Organizations in the International Legal Process, p. 95. Martinus Nijhoff Publishers, 1995. ISBN   0-7923-2766-7
  10. ↑ J. Coyle, James (2021). "Diplomacy Surrounding Frozen Conflict". Russia's Interventions in Ethnic Conflicts: The Case of Armenia and Azerbaijan. Switzerland: Palgrave Macmillan. p. 146. ISBN   978-3-030-59573-9.
  11. ↑ Czapliński, Władysław; Richter, Dagmar (2019). "Illegal States?". Unrecognised Subjects in International Law. Warsaw: Scholar Publishing House Ltd. p. 44. ISBN   978-83-7383-964-9.
  12. ↑ "The situation in the occupied territories of Azerbaijan". General Assembly Sixty-second session - Official Records. United Nations. 2008-04-14. A/62/PV.86.
  13. ↑ Samkharadze, Nikoloz (2021). "The Soviet and Russian Practice of Recognition of New States after 1945". Russia's Recognition of the Independence of Abkhazia and South Ossetia. ibidem Press. p. 133. ISBN   978-3838214146.
  14. ↑ Frenkel, David A.; Mirzayev, Farhad (2011). "Insoluble Dilemma: Armenian-Azerbaijan Conflict over Nagorno-Karabakh". International Law, Conventions and Justice. Athens: Athens Institute for Education and Research. p. 125.
  15. ↑ Hajialiyev, E. (18 September 2018). "A new stage in Azerbaijan-Uzbekistan relations". Azerbaijan (208): 3.
  16. ↑ "House of Lords Written Answers 5 July 2010". UK parliament. Archived from the original on 2010-10-13. Retrieved 2010-12-08.
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