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AZERBAIJAN CONFLICT WITH ARMENIA OVER THE TERRITORY

NAGORNO-KARABAKH IN LEGAL CONTEXT
INTERNATIONAL
Farah Febriyanti
HI 22 B

Faculty of Social and Political Sciences, Al-Azhar University Indonesia

Introduction

Conflicts between countries still color the international political constellation in this
century. One is the ethnic conflict between Armenia and Azerbaijan over the Nagorno-
Karabakh region, which is de facto controlled by the self-proclaimed Republic of Nagorno-
Karabakh but is internationally recognized as part of Azerbaijan. This conflict dates back to
the early 20th century, although the current conflict began in 1988 and escalated into full-
scale war in the early 1990s. Sporadic tensions and border fighting have continued in the
region despite a ceasefire agreement signed in 1994.

Nagorno-Karabakh is a region in the South Caucasus. Although 95% of the

population of Nagorno-Karabakh are ethnic Armenians, it is internationally recognized as
part of Azerbaijan. When the two countries were added to the Soviet Union, tensions over
the territory were reduced. As Soviet control over its satellite nations weakened in the
1980s, hostilities flared once more. A six-year war erupted after Nagorno-Karabakh first
tried to formally join Armenia and then declared independence in 1991. After a Russian-
brokered ceasefire in 1994, the region was left largely to self-governing autonomously.

The conflict between the two countries is of serious concern considering that during
the fighting, as many as 20,000 to 30,000 people have died. Relations between the two
countries continued to be tense after a 1994 ceasefire until serious fighting in April 2016 that
claimed dozens of lives. As the Soviet Union collapsed, Armenia and Azerbaijan continued
to claim Nagorno-Karabakh as their own. Throwing blame on who attacked first made the
conflict more complicated and far from being resolved. In March 1992, it was decided that
the Organization for Security and Cooperation in Europe (OSCE) should lead the international
community's mediation efforts. The Minsk Group, which is a mediation body from the OSCE
whose task is to spearhead finding a peaceful solution to the Nagorno-Karabakh conflict
chaired by France, the Russian Federation and the United States, is known as the Co Chair.
The OSCE soon developed into the de facto negotiating forum on conflict.

Entering the following years, this conflict, which has long roots, has not found a solution until
it reaches the United Nations. Armenian troops took Nagorno-Karabakh and some of the
surrounding areas, this makes Azerbaijan about 15% smaller.
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For Azerbaijan Nagorno-Karabakh is part of their internationally recognized

country and will maintain it as a status quo. Geopolitical factors make the position of
Nagorno-Karabakh very important for both countries.
Meanwhile, for Armenia, Nagorno-Karabakh is an integral part of their country, considering
that most of the population living in the disputed areas are ethnic Armenians. Even though
the conflict will cause losses for both countries, it is as if they do not see peace, as
evidenced by the two countries' readiness to enhance each other's military defense.
Azerbaijan has threatened to use force if the peace talks do not turn out satisfactorily.
Meanwhile, Armenia warned of massive retaliation if Baku launches military action.

The Nagorno-Karabakh conflict is a conflict that has received little international

attention. Because hatred between ethnic civilians has resulted in an insecure political
environment and has not shown a successful peaceful path, plus considering that regional
participation also does not help, international attention is needed to immediately resolve
disputes to obtain agreement and peace. The Nagorno-Karabakh conflict which has flared
up (again) between Armenia and Azerbaijan in 2020 this time when Armenia killed
Azerbaijani soldiers and targeted civilians.
Azerbaijanis took to the streets to protest the Armenian attack. The Nagorno Karabakh
conflict that has raged between the two countries for three decades, sometimes leading to
clashes, remains unresolved. Why is there a prolonged conflict between Azerbaijan and
Armenia on the Nagorno-Karabakh border?
How does international law see this conflict?

METHOD
The method used in this research is a qualitative research method, with
using the method of literature and literature study / library research. Literature study is
another term for literature review, literature review, theoretical review, theoretical basis,
literature review, and theoretical review. What is meant by library research is research that is
carried out only on the basis of written works, including the results of both published and
unpublished research.

Even though it is a research, research with literature studies does not have to
go to the field and meet with respondents. The data needed in research can be
obtained from library sources or documents. Library research, literature search is not only
the first step in preparing a research framework but at the same time utilizing library
resources to obtain research data.
In addition to data, several things that must be present in a research in order to be said
to be scientific, also require other things such as problem formulation, theoretical basis, data
analysis, and drawing conclusions. research with literature study is research that has the
same preparation as other research, but the sources and methods of data collection are by
taking data from the library, reading, taking notes, and processing research materials.
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RESULTS AND DISCUSSION

Roots of Conflict

Nagorno-Karabakh is located in the South Caucasus, a de facto recognized territory

as part of Azerbaijan. However, de jure, the area is recognized as part of Armenia. Nagorno-Karabakh
is a region with an average elevation of 3,600 feet above sea level, consisting of rolling mountains and
flowing rivers. This makes Nagorno-Karabakh have a cool and partly tropical climate.

Even though the Nagorno-Karabakh region is in Azerbaijan, administratively

the area of 12,000 square kilometers is controlled by ethnic Armenians with military and financial
support from the Armenian government. The existence of Nagorno-Karabakh is the cause of the
turbulent conflict between Azerbaijan and Armenia which has not been resolved to date. Nagorno-
Karabakh is currently an independent administrative area based on the decision of the 22 July 1918
congress implemented in Shoushi by Nagorno-Karabakh people.

Azerbaijan is a country located in the southern East Caucasus. This country, which has received
international recognition since November 1991, shares land borders with Russia, Georgia, Armenia,
Turkey and Iran. The country with an area of 86,600 square kilometers is located between the Caucasus
mountains and the Caspian sea which makes it a meeting place for various civilizations, peoples and
cultures. At only a quarter of a century old, Azerbaijan has been recognized as one of the leading countries
in the Caspian region with a dynamic economy supported by adequate human and natural resources.

Conflict Resolution

When a conflict occurs, a country sometimes needs another country or another party to mediate.
Likewise with the conflict over Nagorno-Karabakh by Azerbaijan and Armenia. Since 1992 mediation
efforts between conflicting parties have been consolidated into negotiations under the auspices of the
international organization for security and cooperation in Europe, namely the Organization for Security and
Cooperation in Europe (OSCE) led by the Minsk group. Negotiation focuses on two possible conflict
resolution methods, namely using an agreement approach and step-by-step or gradual solutions. As we
know, the root of the conflict from Nagorno-Karabakh is the problem of fighting over the status of the
Nagorno-Karabakh region by Azerbaijan and Armenia.

Nagorno-Karabakh is a de facto independent administrative region

recognized as part of the territory of Azerbaijan but de jure recognized as part of the territory of
Armenia. This resulted in the two countries fighting over the Nagorno-Karabakh region which led to the
emergence of a conflict between Azerbaijan and Armenia.
Therefore, negotiation efforts as a conflict resolution between the two parties are still being carried out
until now.
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CONCLUSION

Self-determination in international law takes two forms. One part is developing human rights law,
which is enshrined in the idea of giving individuals greater control over their lives. The other part, which is
more contentious, involves groups making claims to establish an independent sovereign state. Or in the modern
notion of the right to self-determination it is suggested that there is a spectrum or range in which this right can
be applied, which can be divided into internal and external self-determination. Internal self-determination refers
to a variety of political and social rights, and external self-determination refers to complete legal independence
or secession for a group of people from a larger politico-legal (politico-legal) aspect, such as the state.

The complexity of resolving the conflict between the two countries is, firstly, it depends on
demand from major countries. Second, international organizations are not effective in dealing with the
policies of major countries that are struggling to have a voice in the region. Third, the perspectives of the
Azerbaijani and Armenian people on this problem are very contradictory at present, so it is difficult to find a
solution to this problem to be better understood.

Bibliography

Creswell, JW (2007). Research Design: Qualitative, Quantitative and Mixed Method Aproaches.
SAGE Publications. https://doi.org/10.4135/9781849208956

Giragosian, R. (2006). Redefining Armenian national security. Demokratizatsiya. https://

doi.org/10.3200/DEMO.14.2.223-234

Goudsouzian, T. (2014, May 12). Azeri-Armenian enmity and citizen diplomacy. Retrieved from Aljazeera:
https://www.aljazeera.com/indepth/features/2014/05/azeri-armenianenmity-citizen
diplomacy-20145125344462181.html