2023 Azeri actions in Nagorno-Karabakh could amount to crime against humanity - former UN Special Rapporteur

YEREVAN, DECEMBER 17, ARMENPRESS. The 2023 Azeri actions in Nagorno-Karabakh could very easily be identified as ethnic cleansing, which might amount to a war crime or a crime against humanity in terms of international law, according to former UN Special Rapporteur on Minority Issues Fernand de Varennes.

Fernand de Varennes was among the participants of the 5th Global Forum Against the Crime of Genocide held December 12-13 in Yerevan.

Asked whether the 2023 Azeri attack in Nagorno-Karabakh and subsequent displacement of over 100,000 Karabakh Armenians amounts to an act of genocide, Fernand de Varennes said, “I don't know all of the details that occurred in Nagorno-Karabakh to be able to qualify that. I would add to that also that you have to keep in mind that the crime of genocide in international law is actually a very difficult crime to establish, because you need a special kind of intention. Was the intention to destroy physically the Armenians living in Nagorno-Karabakh, or was it the intent was to get rid of them, have them removed? If it's the latter, it does not fit the crime of genocide in international law. But it could be other types of crimes. I mean, you have clearly, I would say, and I don't think anyone would disagree, a situation of ethnic cleansing. That in itself is not genocide, but it still could be considered a war crime or a crime against humanity. So, from international law, what occurred in Nagorno-Karabakh I feel could very easily be identified as ethnic cleansing, which might amount to a war crime or a crime against humanity.”

Speaking about the 1915 Armenian Genocide, the former UN Special Rapporteur said it is difficult to say how long Ankara will continue its policy of denial in this regard.

"In the future, in a certain number of years, there may be a change of attitude amongst the Turkish side, later on, a different political, social, legal context, where it may be easier for a Turkish government to recognize this as having been a genocide. In other words, maybe not today, but maybe in the future, the time will be right for this to occur. So, one should not give up,” he said.

Asked whether the recognition by the Turkish side could happen in case of a change of government, Fernand de Varennes answered affirmatively and pointed out historical examples of other countries.

“For example, in countries like Canada and Australia, for many years, it was very racist countries, where they took the children away from indigenous families, natives. And in the last 5-10 years, both governments have actually apologized, recognized that what they did was atrocious, was something that was reprehensible from a moral point of view, and they've expressed their regrets and have acknowledged that this has occurred, that it was committed. It took almost 100 years for this to happen. So, in other words, this can also happen, even in a different situation, where you have a Turkish government, which may have evolved, and actually recognized that it would be appropriate to recognize that this was a genocide,” he said.

Regarding the importance of the Global Forum Against the Crime of Genocide, Fernand de Varennes highlighted the significance of such conferences especially in present days, when there are violent conflicts around the world and more situations with incitement to hatred and even incitement to violence and genocide.

“We have a world which has become more unstable, where some groups actually deny their basic human rights, because they are considered to be outsiders, foreigners or not loyal citizens. And this means that we are having record levels, we are seeing record levels of targeting of particularly minorities, ethnic, religious or linguistic minorities, who are being denied their basic rights. And it's in that kind of context of denial of rights, of hate speech, which is really exploded on the social media, and of an increasing number of violent conflicts, that you increase the risks of genocide and other atrocities. So, in other words, the world has become a more dangerous place, and because of the factors that I identified, a place where it's more likely to actually have situations of either genocide or mass atrocities being committed, especially against minorities. And by the way, throughout history, the main targets of minorities have usually been minorities, Armenians in the Ottoman Empire of Turkey, the Jewish minority during the Holocaust in Nazi Germany, and so on. The issues of genocide are perhaps even more important today than they were 50 years ago,” Fernand de Varennes said.

Speaking about the importance of cooperation between countries for genocide prevention, Fernand de Varennes said that Armenia should take the lead.

“I think the government of Armenia, for example, should take its experience or the experience of its history and understanding of how serious, how grave is genocide and other crimes of that nature, should take the lead with other countries to try to improve what we have,” he said.

He said that perhaps the time has come to implement reforms in the UN.

“The United Nations really is an organization that is there to deal with the interests and obligations of states. The United Nations is not an organization of people, and we forget that. So, in a way, the United Nations is not well equipped to deal with situations where you have genocide committed against a minority inside a country, for example. But maybe the time has changed. I mean, the United Nations was created almost 100 years ago. So, I think we need to reform it so that it becomes better adapted to the challenges that we have today. Most wars at the time of the Second World War and the creation of the United Nations were between states, between countries. That's not true today. Today, most wars are inside countries. They are domestic conflicts involving usually minorities, and that is why you can also have more genocide. But the UN is not equipped, really, to deal with that. Countries like Armenia and other like-minded countries, I think, need to recognize that there is a reform to be done so that the United Nations is fit for purpose․ We have greater risks, in fact, of genocide, but also a world where hate speech and propaganda can explode and reach millions and millions of people in a few seconds because of the social media. The United Nations really is rather slow in responding to this changing environment, and that's where you need countries like Armenia and others to recognize these problems, these situations that need to be changed and start working together to reform the UN so that it can actually adapt to the new challenges that we have. And I think there are many countries who are recognizing that this is a problem today. And Armenia, even though it's a small country, it should use its experience and understanding, awareness of genocide to actually take the initiative and try to work together and identify a group to work towards these steps,” Fernand de Varennes said.