Организация Договора о коллективной безопасности
Recently, the frequent bombing the Azerbaijani cities far from the front line (Naftalan, Shamkir, Ganja, Terter, Mingechaur, Absheron, Agjabedi, Barda, etc.) from the territory of Armenia of cannot but disturb every inhabitant of the planet. According to information channels, Armenia's goal is to expand the combat zone, causing return fire on those firing points located on its territory, and, thereby, invite the CSTO member states to intervene in the conflict on its side.
This raises two questions:
1. Does Azerbaijan have the right to destroy any firing points on the territory of Armenia, which carried out rocket attacks on objects on our territory?
2. Can the CSTO intervene in this conflict from Armenia, in the event of such a retaliatory strike by Azerbaijan?
Looking ahead, I can say that Azerbaijan legally has such a right, and the CSTO in this case does not have the right to intervene on the part of Armenia.
I will explain this by the international documents currently in force.
Chapter Seven of the UN Charter is called Action against Threats to Peace, violation of the peace and acts of aggression
Article 39 of the UN Charter
The Security Council determines the existence of any threat to peace, any violation of the peace, an act of aggression
Part Seven examines the action taken by the Security Council in relation to threats to the peace, violations of the peace and acts of aggression under Chapter VII of the Charter.
During 2008, the Council referred to chapter VII in almost half of its resolutions: 35 of 65 resolutions in 2008 (53.8 per cent) and 22 of 47 resolutions in 2009 (46.8 per cent) were adopted under chapter Vii.
With regard to the determination of the existence of a threat to peace in accordance with
Article 39, the Council expressed concern about the growing or emerging security threats in West Africa, especially terrorist activities in the Saheli region.
“… With regard to the Great Lakes region, the Council determined that the continued presence of Rwandan armed groups in the eastern Democratic Republic of the Congo continued to pose a “serious threat to peace and security throughout the Great Lakes region." He also strongly condemned the attacks by the Lord's Resistance Army in the Democratic Republic of the Congo and southern Sudan, which posed a constant threat to regional security." Resolution 1804 (2008) of 13 March 2008
Applying the analogy, the presence of the Armenian armed forces on the territory of Azerbaijan continues to pose a "serious threat to peace and security" throughout the region. At the same time, attacks on civilians, on peaceful cities that are not in the zone of military conflict, is terror.
The Council reaffirms that “terrorism in all its forms and manifestations constitutes one of the most serious threats to international peace and security and that any act of terrorism is criminal and unjustifiable, regardless of their motives, wherever, whenever and by whom they are committed. (Fifth paragraph) (S / PRST / 2008/41 of 30 October 2008).
Because of the need to maintain international peace and security, the Security Council emphasized in resolution 1887 (2009), “Just like in the previous period, the Council reiterated that terrorism in all its forms and manifestations constitutes “one of the most serious threats to international peace and security”, and that this is often confirmed in the context of the response to terrorist attacks around the world. With regard to the protection of civilians in armed conflict, the Council reiterated that targeted attacks against civilians and systematic, flagrant and widespread violations of international humanitarian and human rights law in situations of armed conflict can pose a threat to international peace and security ".
The Armenian armed forces, attacking the peaceful cities of Azerbaijan with missiles, committing terrorist acts, pose a threat to peace and security.
Should Azerbaijan answer? Yes, this right is given by Article 51 of the UN Charter
The Article 51
"This Charter does not affect the inalienable right to individual or collective self-defense in the event of an armed attack on a Member of the Organization. Measures taken by the Members of the Organization in exercising this right to self-defense shall be immediately reported to the Security Council."
Azerbaijan has an inalienable right to self-defense. Self-defense means inflicting adequate harm on the attacker. I mean the destruction of missile-launching complexes on the territory of Armenia.
At present, the launch of missiles from any territory is recorded with an accuracy of a second from satellites. Therefore, collecting evidence about this is not difficult. Could the CSTO member states intervene on the side of Armenia in this case (in the event of the destruction of launch complexes on the territory of Armenia)? NO!
Article 1 of the CSTO Treaty
"The participating States reaffirm their commitment to refrain from the use of force or the threat of force in interstate relations."
Article 4 of the CSTO Treaty
If one of the participating states is subjected to aggression (an armed attack threatening security, stability, territorial integrity and sovereignty), then this will be considered by the participating states as aggression (an armed attack threatening security, stability, territorial integrity and sovereignty) against all states - parties to this Agreement.
In case of an aggression (an armed attack threatening security, stability, territorial integrity and sovereignty) against any of the participating States, all other participating States, at the request of this participating State, will immediately provide it with the necessary assistance, including military; as well as provide support with funds in their disposal in order to exercise the right to collective defense in accordance with Article 51 of the UN Charter ”.
Thus, the CSTO refers to the Article 51 of the UN Charter - the right to collective defense.
In this case, Azerbaijan does not attack the sovereignty of Armenia, but responds to aggression (bombing of Azerbaijani settlements). Therefore, the CSTO under no circumstances can and does not have the right to intervene. It will not interfere. After all, the obligations they have taken will protect against aggression, not the aggressor.
Just now (06.10.2020 at 18:45), REAL TV broadcasted a message that Vagharshak Harutunyan, adviser to the Prime Minister of Armenia, said that they would bomb the Azerbaijani territory ....
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