International Humanitarian Law Of Azerbaijan Essay

1641 Words Dec 10th, 2016 7 Pages
Non-paper
Some legal points with regard to Armenia’s February 1992 Khojaly assault
- Armenia’s attack to Khojaly in February 1992 is a vantage point to observe the background and consequences of its undeclared and illegal war against Azerbaijan; while the occupation of Khojaly was not a result of sporadic or isolated strategy, it represented Armenia’s first full-fledged attack against an entire city. In order to make a “successful” start and lay fertile grounds for the occupation of other territories, Armenia intended to execute this attack in an unprecedented manner to spread terror and cause psychological imprints both on the government and people of Azerbaijan;

- From the legal perspective, Armenia’s war against Azerbaijan has two dimensions: illegal use of force (jus ad bellum) and violations of the law of armed conflict (jus in bello). Roughly speaking, jus ad bellum is a matter of “who is right and wrong”, while jus in bello is International Humanitarian Law (IHL) which sets forth “who has what rights” regardless how the conflict unleashed or whether it is the result of lawful or unlawful use of force. To put it simply, IHL prescribes rights and obligations of the conflicting parties without defining who is right or wrong. But the bottom line is that having a right in IHL doesn’t relieve you from responsibility for the violations of jus ad bellum;

- Armenia has been violating both of these laws. It has violated jus ad bellum by using of force unlawfully and…

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