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Armenian war criminals—high time to face music for misdeeds

Politics Analytics 22 February 2025 19:35 (UTC +04:00)
Armenian war criminals—high time to face music for misdeeds
Elchin Alioghlu
Elchin Alioghlu
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BAKU, Azerbaijan, February 22. The recent press conference by former Armenian President, Robert Kocharyan, in Yerevan has has garnered attention, particularly due to his efforts to portray himself as a "serious and promising politician poised for a political comeback," a portrayal that many perceive as mere farce.

Kocharyan didn't mince words as he voiced his worries about the legal processes taking place in Azerbaijan targeting the former brass of the Armenian army and the separatist regime.

He fears not just the prosecution of individuals who acted in occupied territories but also the potential for Armenia to be held accountable for the armed occupation of Azerbaijani lands, ethnic cleansing, and other crimes against humanity.

Kocharyan played a direct role in orchestrating the armed takeover of Karabakh during the 1990s. He not only headed the alleged separatist-terrorist regime but also perpetrated a multitude of offenses against the Azerbaijani populace. The events of the Khojaly genocide, the systematic ethnic cleansing of Azerbaijanis in Karabakh and adjacent areas, along with the obliteration of cultural and historical heritage, transpired under his administration. These concerns are undoubtedly justified, as global judicial bodies may concentrate on his individual accountability for violations of international law.

In 2023, Armenia ratified the Rome Statute and became a member of the International Criminal Court (ICC), meaning the country must adhere to international legal obligations related to crimes against humanity, war crimes, and genocide. This ratification could create serious legal challenges for Armenia’s political elite, including Robert Kocharyan, Serzh Sargsyan, and Seyran Ohanyan, who were directly involved in the policies of ethnic cleansing, military aggression, and occupation, all falling under ICC jurisdiction.

As a member of the ICC, Armenia is obligated to cooperate with the court and surrender the accused to justice. Should the ICC request the extradition of Kocharyan or Sargsyan, Yerevan must comply, or it will violate its international obligations.

There are precedents where former heads of state have been held accountable under international law, such as the trials of Slobodan Milošević, Radovan Karadžić, and Ratko Mladić, which demonstrate that the international community can bring even former presidents to trial for crimes against humanity. Azerbaijan possesses extensive evidence of crimes committed by Armenia in occupied territories, including mass killings of Azerbaijani civilians and the destruction of cultural heritage. Therefore, the ICC and other international bodies must exert pressure on Yerevan.

Azerbaijan may seek an international tribunal for the political and military leaders of Armenia, relying on evidence collected during legal proceedings against the leaders of the previous separatist regime. Following Armenia's ratification of the Rome Statute, it is now bound by legal obligations and cannot avoid compliance with ICC decisions.

As judicial proceedings advance in Azerbaijan concerning the leaders of the previous separatist regime, the forthcoming focus will be on those who orchestrated and funded the occupation. Throughout his presidency, Kocharyan actively endorsed the militarization of the occupied territories, orchestrated the deployment of weapons and troops to unauthorized armed factions, and provided both political and economic backing to the regime of occupation. These facts establish the basis for his prosecution in both Azerbaijani courts and on the international stage.

Serzh Sargsyan plays a pivotal role in the allegations of war crimes. During the 1990s, he held a commanding position within the Armenian armed forces in Karabakh, and subsequently, in his roles as defense minister and president, he played a significant part in fortifying the unlawful regime in the occupied territories. Seyran Ohanyan, in his capacity as defense minister and commander of the Armenian "armed forces" in Karabakh, bears responsibility for serious breaches of established legal standards during the conflict, encompassing the deployment of banned weaponry, the maltreatment of prisoners of war, and assaults on civilian populations.

Consequently, Robert Kocharyan and Armenia's former political and military leadership are concerned about facing international justice. Armenia’s ratification of the Rome Statute further complicates their position. The international community, particularly the ICC, must increase pressure to hold these individuals accountable. Based on the evidence Azerbaijan can provide, prosecuting Kocharyan, Sargsyan, and Ohanyan in international courts is not only possible but necessary.

The Karabakh conflict has been one of the most tragic events in the modern history of the South Caucasus. For decades, Armenia’s former leaders—Robert Kocharyan, Serzh Sargsyan, and Seyran Ohanyan—organized and coordinated war crimes against Azerbaijan and its civilian population. This article presents a comprehensive amount of facts, evidence, and legal grounds confirming their individual responsibility for these crimes.

Between 1988 and 1994, Armenia’s policies of ethnic cleansing and crimes against humanity reached mass proportions. The most horrific war crime during this period was the Khojaly genocide, which occurred on February 25-26, 1992. Armenian forces and Armenian separatists killed 613 Azerbaijanis in Khojaly, including 106 women, 63 children, and 70 elderly people. A total of 1,275 civilians were taken hostage, and 150 are still missing, with their fate unknown. 487 people were severely wounded, including 76 children. 56 people were murdered with particular cruelty—they had their eyes gouged out, ears cut off, and skin removed.

Serzh Sargsyan, in 1992, was the chief of staff of the Armenian armed forces and publicly acknowledged that the massacre in Khojaly was carried out deliberately.

In an interview with British journalist Thomas de Waal, he stated: "Before Khojaly, Azerbaijanis thought Armenians couldn’t raise a hand against the civilian population. We broke this stereotype." This statement directly confirms that the Armenian leadership intentionally carried out the Khojaly massacre.

Robert Kocharyan, as one of the main organizers of military operations in Karabakh, ensured political protection for these crimes. Seyran Ohanyan, for his part, directly commanded Armenian forces occupying Khojaly and later became the so-called "defense minister" of the illegal separatist regime.

As a result of the ethnic cleansing policies conducted by Armenians between 1988 and 1994, nearly one million Azerbaijanis were expelled from their homeland. Between 1988 and 1990, 250,000 Azerbaijanis were forcibly expelled from Armenia and became the first victims of Armenian nationalism. In Karabakh and the surrounding areas, 750,000 Azerbaijanis were displaced.

During the occupation, Armenian forces systematically destroyed Azerbaijan's cultural and historical heritage. A total of 927 libraries, 44 mosques, 473 historical monuments, and 6 state theaters and concert halls were destroyed.

From 1993 to 2020, under direct orders from Armenia's military-political leadership, 20 percent of internationally recognized Azerbaijani territories were occupied. Besides Karabakh, the occupied territories included Fuzuli, Jabrayil, Zangilan, Gubadli, Aghdam, Kalbajar, and Lachin. Armenian authorities pursued a policy of resettling Armenians in these regions to alter their demographic composition.

After Azerbaijan’s army liberated these lands in 2020, the extent of the destruction caused by Armenia during the occupation became evident. Armenian forces completely destroyed nine occupied cities and more than 800 villages. These destructions were systematic and aimed at eliminating the potential for future reconstruction of Azerbaijani territories. In some areas populated by Armenians, new settlements were built, but they were abandoned after Azerbaijan’s counteroffensive.

These facts prove that under Armenia’s leadership, war crimes and ethnic cleansing were committed in Karabakh against the Azerbaijani people. Robert Kocharyan, Serzh Sargsyan, and Seyran Ohanyan are directly responsible for these crimes and must face international justice. Azerbaijan must approach international courts to have these crimes acknowledged and prosecuted. As legal processes against Armenia continue, the likelihood of holding former leaders accountable increases.

The city of Aghdam, known as the "Hiroshima of the Caucasus," was completely destroyed, with no building left standing. The only remaining structure was a mosque where Armenian military formations kept livestock, indicating a deliberate desecration of historical and religious monuments.

During the 44-day war in 2020, Armenia committed war crimes by using internationally banned cluster munitions against Azerbaijan’s civilian cities, including Ganja, Barda, and Tartar. Missile strikes on civilian populations led to tragic consequences:

On October 28, 2020, missile strikes on Barda killed 21 civilians, and over 70 people were wounded;

On October 17, 2020, missile strikes on Ganja killed 15 people, including children.

Even though Robert Kocharyan, Serzh Sargsyan, and Seyran Ohanyan were not holding the reins of power in 2020, they were still the main players pulling the strings behind the militarization of occupied territories. Their policies were a double-edged sword, fueling the fire by backing illegal armed groups in Karabakh, handing out weapons like candy to separatists, and keeping the wheels of a terrorist strategy turning.

In addition to military aggression, Armenia’s leadership turned Karabakh into a source of personal gain. Robert Kocharyan used Karabakh for illegal financial dealings, and his son Levon Kocharyan controlled business assets in the region. Serzh Sargsyan siphoned over 200 million dollars from Armenia's state budget into offshore accounts. Seyran Ohanyan, meanwhile, is accused of embezzling state funds during the purchase of outdated ammunition.

These facts underscore the need to hold Armenia’s former leadership accountable under international law.

Various legal mechanisms exist to bring these individuals to justice. After Armenia ratified the Rome Statute in 2023, the International Criminal Court (ICC) now has the legal authority to investigate these war crimes.

At the international level, personal sanctions can be imposed on Robert Kocharyan, Serzh Sargsyan, and Seyran Ohanyan, and they can be placed on the international wanted list and extradited.

Robert Kocharyan, Serzh Sargsyan, and Seyran Ohanyan are the main architects of war crimes, genocide, and ethnic cleansing. They are directly responsible for the deaths of thousands of Azerbaijani civilians, the destruction of Azerbaijan's cultural heritage, and widespread devastation. Armenia’s ratification of the Rome Statute and increasing international pressure make the prospect of their arrest and trial more realistic. Azerbaijan must use all legal and diplomatic means to hold these criminals accountable.

Azerbaijan has established a significant legal precedent by prosecuting former separatist leaders. The subsequent action is to seek accountability from the previous political leadership of Armenia in accordance with established legal principles on an international scale.

Baku might seek recourse through the International Criminal Court to commence legal proceedings against Robert Kocharyan, Serzh Sargsyan, and Seyran Ohanyan.

Moreover, the international community, particularly Western nations that backed the ratification of the Rome Statute, must now insist that Armenia meet its legal commitments. Yerevan can no longer evade its international obligations, making the likelihood of Kocharyan and his associates facing arrest more imminent.

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