Lawyer: Yerevan should pay trillions in reparations given overall damages in Garabagh [COMMENTARY]

1 October 2024 20:02 (UTC+04:00)

Fatima Latifova

The legal scope of the damage caused by Armenia to Azerbaijan during the First and Second Garabagh Wars is extremely significant. Considering the occupation of Azerbaijani lands, the destruction of residential areas and historical monuments, the displacement of nearly one million Azerbaijanis, the missile attacks on Barda and Ganja using cluster rockets and ammunition during the Second Garabagh War, and the current danger posed by landmines buried in Garabagh, the legal consequences Armenia may face in terms of punitive measures or compensation are of great interest.

In a comment on the issue for Azernews, LawyerRahim Mammadov stated that this is a complex process.

“The assessment of the damage caused by Armenia to Azerbaijan in the context of international law, both during the First and Second Garabagh Wars, is an extremely complicated process. During the 30-year occupation, Armenia inflicted immeasurable damage on the Republic of Azerbaijan and its people,” he added.

The expert noted that the material damage inflicted by Armenia on Azerbaijan exceeds $850 billion.

“After the end of the Second Garabagh War, special commissions were established in Azerbaijan, which began to evaluate the material damage inflicted on the Republic of Azerbaijan from the period of occupation until the liberation of the territories. Evidence is being collected, including satellite images. So far, the damage inflicted on Azerbaijan has been recorded as exceeding $850 billion. However, if moral damages are added, the total damage should exceed a trillion dollars,” he noted

The lawyer emphasised the importance of applying the Iraq scenario to Armenia in accordance with international practice.

“After Iraq occupied Kuwait in 1990, the UN Security Council recognised Iraq as an aggressor state a year later and applied the principle of extraordinary reparations against it. The legal philosophy behind this was that, based on the relevant resolution, Iraq was stripped of its right to control its natural resources, and these resources were sold on the world market through an international mechanism, with the proceeds paid to the Kuwaiti government in installments. However, unfortunately, none of the four resolutions adopted by the UN Security Council recognised Armenia as an aggressor state,” expert stressed.

Mammadov stated that Azerbaijani citizens and the government can apply to international courts with sufficient evidence.

“We, as Azerbaijani citizens, can only file complaints with the European Court of Human Rights regarding compensation for the damage caused by Armenia. The government, however, can file a complaint against Armenia in accordance with Articles 33 and 34 of the European Convention on Human Rights.”

The expert also stressed the importance of determining the extent of the moral damage inflicted by Armenia on Azerbaijan.

“Moral damage is also important here. Nearly one million Azerbaijanis were displaced from their homes during the First Garabagh War. Their psychological conditions as well as the fates of those who witnessed the crimes in Baghanis Ayrim, Dashalti, Kalbajar, and massacres in Khojaly and Meshali have resulted in significant moral harm. Today, the issue of landmines also poses a particular danger. The political purpose behind Armenians planting those mines in Garabagh is itself an act of aggression. It represents a significant threat to the resettlement of Azerbaijani citizens in the liberated territories and to economic activity. I repeat, it is not just an obstacle but a threat,” Mammadov said

The lawyer noted that reparations, not compensation, should be applied against Armenia.

“The law enforcement agencies and special services of the Republic of Azerbaijan must gather substantial evidence to bring this issue into the legal sphere and to determine the extent of the damage caused by Armenia, presenting it in accordance with the relevant provisions of international courts. If compensation is simply the payment of damages in monetary form, reparations can take various forms, including not just money but also property and other resources being paid to the victim state. In my opinion, a decision similar to that imposed on Iraq would be more just and legally sound for Armenia.”