Experts on Special Law for Daghlig Garabagh

Baku / 25.11.20 / Turan: The laws of Azerbaijan should operate on the liberated lands. These territories are governed on the basis of a trilateral statement, but in this case, Putin's army must operate within the framework of Azerbaijani laws. Otherwise, Russia will gradually integrate Garabagh into its territory, says lawyer Fuad Agayev.

“If the Milli Mejlis does not pass the law on the application of normative rules on the territory controlled by the “peacekeepers”, criminals like Robert Kocharyan and Arayik Harutyunyan will again be in command there. As a result, the number of terrorists there will not decrease, but will increase,” F. Agayev wrote in a social network.

To what extent is the position of F. Agayev supported by experts in jurisprudence?

Lawyer Samira Agayeva believes that such a law is relevant and absolutely necessary. “It should spell out the actions of the peacekeepers; legislative, judicial and executive bodies of power which are not there yet should be created in the liberated territory. The laws of Azerbaijan should apply there,” she says.

According to the lawyer Vagif Hajibeyli, it is necessary to pass a law on the temporary status of the peacekeepers and the local population in Daghlig Garabagh (Nagorno-Karabakh) as soon as possible. The law should establish the right to conduct unlimited monitoring in Garabagh, including Khankendi and other territories, by the armed forces of Turkey and another state to which Baku will give such permission. The law should determine the time frame for the stay of the peacekeepers - it is preferable to determine the period of one year with the possibility of extension for another year if necessary and with the permission of the Milli Majlis.

“I propose that the Milli Majlis, following the results of the war, adopt the Garabagh Declaration. It should indicate the readiness of Azerbaijan to conduct peace negotiations with Armenia on neutral territory and without mediators - for example, in Tbilisi. The main topic of the negotiations should be the definition of the state border between Azerbaijan and Armenia. The status and security guarantees of the Armenians who remained to live in Garabagh should be the same as the status of the Azerbaijanis, who were forcibly expelled from 172 settlements of Armenia (about 8 thousand square kilometers) in the last two months of 1988. The adoption of the two documents should be symmetrical and simultaneous,” said Vagif Hajibeyli.

Javad Javadov, a lawyer and candidate for deputy at the last parliamentary elections, recalled the law on the occupied territories adopted in the Georgian parliament. This law defines the legal regime in Abkhazia and South Ossetia. Erkin Gadirli, a member of the REAL party and a deputy of the MM, spoke about the need for such a law for the liberated territories in Azerbaijan.

Javad Javadov takes a different position. He believes that there is not much time left until the return to the legal field of Azerbaijan of the regions that are still controlled by Russian peacekeepers. In international practice, the activities of peacekeepers, as a rule, are regulated on the basis of UN decisions. Regulation is also possible on the basis of bilateral agreements.

“Today, peacekeeping missions operate in seven territories in the world that are not sanctioned by the UN. Nevertheless, these missions are subject to the generally accepted principles of the UN: they are deployed by agreement of the conflicting parties, must be neutral, use weapons only within the framework of their status and self-defense. The implementation of the Statement, the creation of communications between the parties to the conflict is carried out by the peacekeepers on the basis of an agreement between Russia, Azerbaijan and Armenia. The Trilateral Statement is the main legal document in this process. Changes and additions to this agreement can be made only with the consent of the parties. The adoption by the Milli Majlis of the law on peacekeepers on its territory will contradict international practice and will not receive legal force,” said lawyer Javad Javadov.

In a conversation with Turan, Milli Majlis deputy Zahid Oruj drew attention to the constantly changing situation in the liberated territories. On November 25, the Kelbajar region was returned, and five days later the Armenians will return the Lachin region. There has been a message about the electrical supply of the city of Khankendi from Azerbaijan, and the Armenian residents are asking the Azerbaijani soldiers to help them with the move, etc. Demining work has begun. Everything that happens is regulated on the basis of a trilateral Statement, negotiations between I. Aliyev, V. Putin and R. Erdogan. Z. Oruj considers it important for the Milli Majlis not to make decisions that cause difficulties for the peace process. The region should go to the Comprehensive Peace Treaty, without the Armenian army in Azerbaijan, without conflicts and with the peaceful Armenian population in Garabagh. Azerbaijan's actions should be commensurate with the policy of the leading countries, whose leaders have determined the ongoing process in the region, Z. Oruj said.      –0—