In response to the Address by the President of the International Committee of the Red Cross as delivered by Ambassador Armen Papikyan at the 1349th Meeting of the OSCE Permanent Council

16 December, 2021

Madam Chairperson,

At the outset, the delegation of Armenia would like to welcome Mr. Peter Maurer, President of the International Committee of the Red Cross (ICRC), back to the Permanent Council and to thank him for his presentation. Mr. Maurer, we have worked closely with the ICRC under your able leadership for so many years. We have benefited from your vast experience and immense wisdom. While this does not mean that our views have always had to be identical, we have always been able to discuss even the thorniest issues in an open manner, and this is something we greatly appreciate.

On numerous occasions you personally attached great importance to the reinforcement of attention to cross-cutting issues related to international humanitarian law and international human rights law. The ICRC as an institution has actively contributed to the discussion of this and many other pertinent subjects. We follow and attentively study the inputs the ICRC makes on a number of issues, including the digitalization of contemporary warfare and the issue of attribution of responsibility in connection with lethal autonomous weapons systems. These issues may sound like science fiction to the general public but they are real and acute challenges of our time. The ICRC does a great job in drawing the international community’s attention to these issues, which should not be allowed to slip out of control or to become detached from the issue of responsibility as envisaged by international humanitarian law.

Armenia has always attached great importance to its co-operation with the ICRC on account of the humanitarian and noble nature of the organization’s activities and its fundamental commitment to impartiality, neutrality and independence. We continuously commended the efforts and good offices of the ICRC during the First Nagorno-Karabakh War. Today, in the aftermath of the second war of aggression unleashed by Azerbaijan and its allies against the people of Artsakh and Armenia, this co-operation continues to be one of vital importance and urgency. During these challenging times, we continue to give political and financial support to the activities of the ICRC.

Mr. President,

The implementation of the tasks and responsibilities of the ICRC would be much easier and its efforts more effective if all parties to a conflict were to fulfil their commitments and obligations under international humanitarian law in good faith. Unfortunately, in our region we have to face the grim reality of a party to the conflict in question showing complete disregard and disrespect for the basic and founding premises of international humanitarian law, which stipulates the release and repatriation without delay of prisoners of war after the cessation of active hostilities, as well as the absolute prohibition of hostage-taking practices. More than a year after the end of the 44-day war of aggression, Azerbaijan continues to openly ignore its international commitments and obligations under international humanitarian law. Despite the fact that Armenia, in accordance with its obligations under the trilateral statement of 9 November 2020, has returned all Azerbaijani prisoners to Baku, the Azerbaijani authorities continue to illegally detain more than one hundred Armenian prisoners of war and civilian captives. Until now, Azerbaijan has confirmed the detention of only 40 Armenian captives, including 37 military personnel and 3 civilians. Azerbaijan has disregarded the interim measures decided upon by the European Court of Human Rights and continues to hide the real number of the Armenian prisoners of war and civilian captives, putting them at risk of enforced disappearance.

A vivid example of such enforced disappearance is the case of the so-called “Zangelan group”. According to videos posted on social media and testimonies of repatriated Armenian prisoners of war, 21 persons from this group were captured by Azerbaijani troops. The Armenian side hopes that there is still a chance to save these young people.

Enforced disappearances, which may include cases of extrajudicial executions, are crimes against humanity with no statute of limitations. Concern about enforced disappearances was also expressed in the report “Humanitarian consequences of the conflict between Armenia and Azerbaijan” of the Committee on Migration, Refugees and Displaced Persons of the Parliamentary Assembly of the Council of Europe (see resolution 2391 (2021)). Rapporteur Paul Gavan handed over a list of 31 alleged captives to the office of the Prosecutor General and to the Commissioner for Human Rights (Ombudsman) of Azerbaijan during his visit to Baku.

Dear colleagues,

For a whole year, Azerbaijan has been circumventing the provisions of international humanitarian law by invoking fabricated legal proceedings against Armenian prisoners of war. Azerbaijan continues to conduct mock trials of Armenian prisoners of war and to impose lengthy prison sentences on bogus charges.

Another example of a grave breach of the Geneva Conventions is the torture and inhuman treatment of Armenian prisoners of war, numerous cases of which are meticulously documented. In a report on its visit to Armenia and Artsakh, Human Rights Watch described the humiliating treatment and torture of Armenian captives by Azerbaijan as a war crime. Many other human rights organizations, including Freedom House, have addressed this issue, in particular calling on the Azerbaijani authorities to fully co‑operate with the European Court of Human Rights by providing comprehensive information on Armenian prisoners and by respecting and protecting their rights.

In this regard, the ruling of the International Court of Justice of 7 December 2021 under the International Convention on the Elimination of All Forms of Racial Discrimination is an important milestone. It required the Azerbaijani authorities to “protect from violence and bodily harm all persons captured in relation to the 2020 Conflict who remain in detention, and ensure their security and equality before the law”.

Let me also recall that Azerbaijan detained even more Armenian servicemen during and after the 12 May 2021 incursion of its armed forces into the sovereign territory of Armenia.

We reiterate that all Armenian prisoners of war and civilian captives held in Azerbaijan must be immediately released and repatriated without any preconditions. We remind Azerbaijan that Common Article 1 of the Geneva Conventions stipulates that the High Contracting Parties undertake to respect and to ensure respect the Conventions in all – I repeat, all – circumstances.

Mr. President,

We understand the complexity of the environment in which the ICRC operates. We thank the Committee for all its efforts, including its periodic visits to Armenian prisoners of war and other detainees. The immediate and unconditional release of all Armenian prisoners of war and civilian captives remains one of the most pressing issues for Armenia.

Armenia recalls that in 1983 the ICRC invoked Common Article 1 in the context of the mistreatment of prisoners of war. We are convinced that the situation with the Armenian prisoners of war and civilian detainees in Azerbaijan deserves a similar reaction, as it would seem to us to be the only way to increase pressure on Azerbaijan to desist from their mistreatment.

In conclusion, Armenia takes note of the announcement of the election of Ms. Mirjana Spoljaric Egger as the ICRC’s new President. We are looking forward to continuing our close co-operation throughout the ICRC leadership transition and after it, both in Nagorno-Karabakh and in the further promotion and protection of international humanitarian law across the globe. Rest assured that the ICRC can always count on Armenia and on its continued and strong support.

Finally, we again thank you, President Maurer, and wish you every success in all your future endeavours.

Madam Chairperson,

I kindly ask you to attach this statement to the journal of today’s meeting.

Thank you.

MFA RA
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