The long-lasting conflict between Armenia and Azerbaijan over the Karabakh economic region of Azerbaijan has ended with a trilateral agreement signed on 10 November 2020, with the mediation of the Russian Federation. It has settled several conditions, and prerequisites for future negotiations, as well as unanswered questions on the issue of border demarcation and delimitation. Before mentioning that, we have to look back to the early 90s, when the first Karabakh war erupted, and resulted in the loss of thousands of lives on both sides. The cost of conflict and occupation, namely the economic and environmental damage hasn't been calculated, and officially scrutinized by the government of Azerbaijan before the international bodies.
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Meanwhile, on 23 September 2021, the Republic of Azerbaijan filed an Application instituting proceedings against the Republic of Armenia concerning alleged violations of the International Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965 before the International Court of Justice. The Court ordered a provisional measure and asked Armenia to prevent the incitement and promotion of racial hatred, including by organizations and private persons in its territory, targeted at persons of Azerbaijani national or ethnic origin.
However, the cost of lives, human tragedy, and crimes against civilians have not been properly addressed by international tribunals. And, one of the painful pages of the conflict is missing Azerbaijani people from the early 90s, with more than 4000 in total.
It is worth mentioning that war crimes, crimes against humanity, and elements of racial hatred have been committed not only in 2020 but in 1992-93s during the first Karabakh War. This fact has been documented both by international and national civil society groups (Memorial, etc), and respective international bodies, such as ICRC, etc.
According to official data, around 4000 Azeris missing in the first Armenia-Azerbaijan conflict. Despite the official request, public statements, and messages during the official trilateral meetings between Armenia, Azerbaijan, and European Union, the Armenian side has not delivered any concrete response, or official will to start the investigation, or ask for international support for the finding of missing people, or discover the place of mass graves of Azerbaijani soldiers, and civilians.
For the first time, it has been officially supported by the official persons of the European Union, as the President of the European Council Charles Michel has made a press statement on the outcomes of a trilateral meeting with the President of the Republic of Azerbaijan Ilham Aliyev and Prime Minister of the Republic of Armenia Nikol Pashinyan in Brussels on 31 August 2022. It was emphasized that a detailed discussion on humanitarian issues, including demining, detainees, and the fate of missing persons has been held.
On 4 October 2022, there have been discovered three sites of mass graves in the village of Edilli of Khojavand district. According to Forensic Exanimation and Pathological Anatomy Association, a total of 6 skeletons were discovered in the first and second sites and 12 skeletons were found in the third site. Based on forensic and anatomic expertise, it is proved that these are the skeletons of military servicemen with clothes and boots resembling black leather, knives, cigarette ends, and cartridge cases. As an example of war crimes, or crimes against humanity, most of them had their legs tied with wire and rope.
Under international humanitarian law, the prohibition of enforced disappearance was recognized as a rule of customary law. As an obligation, the government of Armenia is obliged to document the cases and inform the requesting country with proper information on the numbers and place of mass graves, personal data, and comprehensive information containing investigation and prosecution of war crimes.
Still, there are small efforts remaining for the government of Armenia for the sake of restoring justice, through disclosing the relevant data on missing persons, hoping for creating future peaceful neighborhoods and building confidence between the societies.
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