Pashinyan: Azerbaijan and Armenia have agreed that the peace treaty is above the jurisdiction of national law
Armenian Prime Minister Nikol Pashinyan has disclosed a significant element of the peace treaty negotiated between Armenia and Azerbaijan, shedding light on a pivotal aspect that could redefine the bilateral relationship between the two nations. In a announcement to Armenian MPs, Pashinyan revealed an agreed article in the draft treaty that stipulates the supremacy of the treaty over national law, marking a departure from conventional legal frameworks.
The essence of the provision is clear: both Baku and Yerevan are bound by the terms of the peace treaty and cannot invoke domestic legislation that may impede their obligations under the agreement. This groundbreaking principle, endorsed by both parties, aims to establish a robust legal framework that transcends national boundaries and ensures the effective implementation of treaty commitments. Pashinyan emphasized the necessity of this provision not only for fostering reconciliation with Azerbaijan and Turkey but also for aligning Armenia's international obligations with evolving global dynamics.
The significance of this article resonates beyond the Armenia-Azerbaijan context, mirroring the principles enshrined in the Vienna Convention on the Supremacy of International Treaties. Article 27 of the Convention, ratified by Armenia, unequivocally prohibits parties from citing domestic law as a pretext for non-compliance with international treaties. By incorporating this principle into the peace treaty, Armenia reaffirms its commitment to upholding the primacy of international law in resolving conflicts and fostering diplomatic relations.
Notably, Pashinyan's revelation unveils a previously undisclosed aspect of the treaty, suggesting a level of transparency and openness in the negotiation process. The acceptance of this article at Azerbaijan's request underscores the mutual recognition of the need for a legal framework that transcends historical grievances and political differences. Moreover, it precludes future challenges based on historical agreements or declarations that may undermine the spirit of reconciliation and cooperation.
However, the peace process faces challenges stemming from historical legacies and conflicting narratives. Armenia's concerns regarding Azerbaijan's territorial claims, as reflected in the Azerbaijani Constitution's reference to historical borders, underscore the complex geopolitical dynamics at play. Similarly, Azerbaijan's insistence on amendments to Armenia's Constitution in light of perceived territorial claims complicates the path to lasting peace.
President Ilham Aliyev's recent statements highlight Azerbaijan's position on the peace process, emphasizing the importance of Armenia renouncing territorial claims and revising constitutional references that challenge Azerbaijan's territorial integrity. While Azerbaijan refrains from expressing explicit intent to alter its laws at Armenia's behest.
As Armenia and Azerbaijan navigate the complexities of peace negotiations, the revelation of this key provision marks a significant step towards establishing a durable framework for reconciliation. The success of the peace process hinges on the willingness of both parties to embrace compromise, transcend historical grievances, and prioritize the long-term stability and prosperity of the region. In an era marked by geopolitical uncertainty, the Armenia-Azerbaijan peace treaty offers a beacon of hope for resolving longstanding conflicts through diplomacy and dialogue.