DECLARATION: For Reclaiming the Sovereignty of the Republic of Armenia on Part of the Territory Stipulated to the Republic of Armenia by International Law

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DECLARATION
For Reclaiming the Sovereignty of the Republic of Armenia
on Part of the Territory Stipulated to the Republic of Armenia
by International Law 


  1. Governed by the stipulation stated in the declaration, signed by the Presidents of the Republic of Armenia, the Azerbaijani Republic and the Russian Federation in Moscow on November 2, 2008, that the political solution of the Nagorno-Karabakh conflict is considered “on the basis of international law and norms, and decisions and documents accepted within this framework”; 
  2. Being convinced that only upon reclaiming the disrupted sovereignty of the Republic of Armenia over the territory, which is provided for or stipulated by international law to the Republic of Armenia, is the guarantee of the Armenian statehood’s persistence and survival of the Armenian nation; 
  3. Being certain that the ensuring our citizens’ security, ensuring and establishing favorable conditions for the country’s economic development and welfare are possible only in the presence of reliable essential conditions; 
  4. Having for an object seeking the establishment of long-term and permanent peace in the entire region, which can be anchored only on justice and the full realization of obligations and the engagements of international organizations and states upon the Republic of Armenia; 
  5. Considering that any border is illegal and void if it has taken place or been approved on the basis of an illegal and void treaty or any other such international instrument, and thus the principles of international law, including the “principle of inviolability of borders”, cannot be applied on that border; 
  6. Evoking that the purpose “to develop friendly relations among the nations based on respect for the principle of equal rights and self-determination of peoples” is enshrined in the Charter of the UNO (Article 1, § 2); 
  7. Reaffirming, in accordance with the Declaration on Principles of International Law, Friendly Relations and Co-operation among States in accordance with the Charter of the UN (October 24, 1970), that “Every State has the duty to promote, through joint and separate action, realization of the principle of equal rights and self-determination of peoples”; 
  8. Recalling that the Azerbaijani Republic by imposing total blockade against the Armenian state and by virtue of unprovoked and malicious attacks first against the territory of the Armenian Soviet Socialist Republic and the Republic of Armenia later on, and by occupying part of the territory of the Republic of Armenia (township Artsvashen) i.e. violating the principle of refraining “from the treat or use of force against the territorial integrity and political independence of any state,” Azerbaijani Republic has vanished the right to render the above mentioned principle regarding to Azerbaijani Republic; 
  9. Observing that Artsakh (Upper and Lower Karabakh) and Nakhijevan were arbitrarily placed under the control of the Azerbaijani SSR with gross infringements of international law and national legislation, i.e. by the decision of the Caucasian bureau of the Central Committee of Russia’s Communist party on July 5, 1921, and on the basis of Articles 3 and 5 of the illegal and void Treaties of Moscow (March 16, 1921) and Kars (October 13, 1921), correspondingly; 
  10. Referring to the Article 53 of the Vienna Convention on the Law of Treaties (1969), according to which “The treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm (“jus cogens”) of general international law”; 
  11. 11. Noting the illegality of the above-mentioned Moscow (March 16, 1921) and Kars (October 13, 1921) Treaties from the point of their inception, as they have having been concluded with evident, multiple and gross infringements of peremptory norms (“jus cogens”) of general international law; 
  12. Guided by the proposal of the League of Nations’ (predecessor of the UNO) Commission for the Delimitation of the Boundaries of Armenia (Commission members: – Great Britain, France, Italy and Japan; February 24, 1920), which envisaged the realization of border delimitation in the Southern Caucasus “taking into account, in principle, of ethnographical data”; 
  13. Recognizing that responsibility for the delimitation and demarcation in the Southern Caucasus was and is granted to the Principal Allied Powers: – Great Britain, France, USA and Italy (Article 92 of the Treaty of Sèvres, August 10, 1920), which, for their part, must follow the above-mentioned Commission’s principle of ethnographical data, on the basis of the demographical situation at the time of delimitation of the Armenian-Turkish boundary (November 22, 1920); 
  14. Underscoring the fact that the United States of America has recognized this principle, and incorporated the document containing it into the Full Report of the Committee upon the Arbitration of the Boundary between Turkey & Armenia (Done by Woodrow Wilson, the President of the United States on November 22nd, 1920) as Annex I, Document No 2; 
  15. Realizing that the Treaty of Sèvres (August 10, 1920) was signed between High Contracting Parties, therefore the parties having consented to be bound by the treaty, whether or not the treaty has entered into force, according to the Article 2, paragraph 6 of the Vienna Convention on the Law of Treaties (1969) and Article 2, paragraph 11 of the Vienna Convention on Succession of States in respect of Treaties (1978); 
  16. Taking into account that the Azerbaijani Republic proclaimed itself as a direct legal successor of the first republic of Azerbaijan (1918-1920) by The Constitutional Act on Restoration of the State Independence of the Azerbaijani Republic (October 18, 1991) and thereby invalidated even its’ administrative connection with Nagorno-Karabakh, which had existed during a period of existence the era of the Azerbaijani SSR (1921-1991); 
  17. Knowing that the foreign ministers of the European Community (currently European Union) by the Declaration on the “Guidelines on the Recognition of New States in Eastern Europe and in the Soviet Union” (Brussels, December 16, 1991) have accepted that the frontiers can be changed “by peaceful means and by common agreement”; 
  18. Emphasizing that “the respect for the inviolability of all frontiers", which is mentioned in the same Declaration, has been due to respect for “the rule of law, democracy and human rights”, as well as the “guarantees for the rights of ethnic and national groups and minorities”, neither of which has not been complied with the Azerbaijani state; 
  19. Keeping in mind that the Azerbaijani Republic's employed arm-twisting repeated application of a policy of ethnic cleansing by military means (1918-1920 and 1991-1994) and discriminatory policy (1920-1991) against its’ Armenian citizens and residents; 
  20. Unable to forget also that in response to the free and peaceful expression of the will of Nagorno-Karabakh's people (as expressed in peaceful demonstrations, mass-meetings, referendums/polls, applications, appeals etc.), Azerbaijan applied violent force against the peaceful civilian population, has launched indiscriminate penalizing operations by domestic security forces which were brutal and disproportionate in their retaliation against civilians, also organized at the state-level massacres of the Armenian population of Azerbaijan (in Sumgait, Baku, Kirovabad etc.), and levied a merciless war against the peaceful Armenian population using foreign mercenaries (including Ukrainians, Afghans, Russians etc.), and has finally sustained an ignominious military defeat; 
  21. Underlining the circumstance that the Azerbaijani Soviet Socialist Republic became independent from the USSR, violating USSR legislation of that time, particularly violating Article 3 of the Law on Secession of Soviet Republics from the USSR (April 3, 1990), which gave to the autonomous units and ethic regions the right to choose their fate by a separate referendum; 

The National Assembly [Parliament] of the Republic of Armenia, acting within the framework of its authorization (RA Constitution, Article 62), addresses the present Declaration to the President of the Republic of Armenia, as the guarantor of territorial integrity of the Republic of Armenia (RA Constitution, Article 49), to take a step in the direction of reclaiming the territorial integrity of the Republic of Armenia: to reclaim the sovereignty of the Republic of Armenia on the whole territory under the Nagorno-Karabakh Republic’s control, and to proclaim the Nagorno-Karabakh Republic as Nagorno-Karabakh marz [region] of the Republic of Armenia.

At the same time, the National Assembly of the Republic of Armenia applies to the UN Security Council, to national legislatures and executive powers of particular countries, especially those having obligations stipulated by international law, to support with every means the reclaiming of the violated sovereignty of the Republic of Armenia on those territories. These territories were surely a part of the Republic of Armenia in case of application of international law and international proposals and obligations and which were placed under the administrative control of the Azerbaijani Soviet Socialist Republic by Stalin's Soviet administrative division, and by the Russian-Turkish political bargain (1921), and which continued to remain occupied by the Azerbaijani Republic until today. 


Done by independent expert
Ara Papian,
at the city of Yerevan, Armenia,
on 19 November 2008