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Criminal Case Initiated on Unleashing and Perpetrating Aggressive War, Application of Methods Prohibited by International Agreements, Serious Violations of International Humanitarian Law Committed by Military-Political Leadership of Azerbaijan

30.09.2020 20:40

38 criminal cases initiated in the Sixth Garrison Unit of General Military Investigative Department and Tavush Regional Investigative Department of the RA Investigative Committee according to the Points 1, 6, 7, 13 of the Part 2 of the Article 104, the Points 1, 6, 7, 13 of the Part 2 of the Article 34-104 and the Points 1, 4 of the Part 2 of the Article 185 of RA Criminal Code on systemized, deliberate և targeted attacks on military bases, units of the armed forces of the Republic of Armenia, as well as civilian population of 8 peaceful settlements not engaged in military actions in the deep back adjacent to Tavush province, including women and elderly people residing in densely populated areas adjacent to the contact line of the armed forces of the Republic of Armenia and the Republic of Azerbaijan, significant civilian structures – constructions, roads, houses and other structures, targeting several civilians by using grenade launcher systems and drones committed by the armed forces of the Republic of Azerbaijan from 12 to 17 July, 2020 were combined in one proceeding.

Through investigation actual data were obtained that on 12 July, 2020 the military-political leadership of the armed forces of the Republic of Azerbaijan – under general command of the Minister of Defence Colonel-General Zakir Hasanov, first Deputy Minister of Defence, Chief of General Staff Colonel-General Najmeddin Sadikov violating the requirements of the tripartite agreement «On a complete ceasefire» signed by the Ministers of Defence of the Nagorno Karabakh Republic, the Republic of Azerbaijan and the Republic of Armenia that entered into force on 12 May, 1994, the Point 4 of the Article 2 of the UN Charter signed on 26 June, 1945 (All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations), the Point «a» of the Resolution 3314 of the XXIX session of the UN General Assembly of 14 December, 1974 (The invasion or attack by the armed forces of a State of the territory of another State), the Point «b» (Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of another State), the Point  «c» (An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State), the Article 8-bis of the Rome Statute of the International Criminal Court adopted on 17 June, 1998 using grenade launcher systems encroached on the territorial integrity of the Republic of Armenia unleashing an aggressive war and carrying out an act of aggression.

The armed forces of Azerbaijan, leading an aggressive war, aimed at gaining military supremacy roughly violating the requirements of the Article 25 "On the Protection of Cultural Property in Armed Conflict" adopted in the Hague on 14 May, 1954, Geneva 1st Additional Protocol of 1977 adjacent to Geneva Conventions of August 12, 1949 "On the Protection of Victims of International Armed Conflict", a number of norms of customary international humanitarian law (that is the practice of States defines liability regardless of the fact whether the mentioned state is a party to the 1st Additional Protocol or the ICC Statute).

On 29 September, 2020 a criminal case was initiated in the RA Investigative Committee on apparent criminal acts envisaged by the Part 2 of the Article 384 (Planning or preparing an aggressive war), the Part 1 of the Article 387 (Application of methods prohibited by international agreements in military actions or armed conflicts), the Point 1 of the Part 1, the Points 1, 2 of the Part 3 of the Article 390 (Serious violations of international humanitarian norms during armed conflict), the Part 3 of the Article 391 (Making illegal command during armed conflict) of RA Criminal Code committed by Minister of Defence Colonel-General Zakir Hasanov, first Deputy Minister of Defence, Chief of General Staff Colonel-General Najmeddin Sadikov, other high-ranking commanders and a number of other servicemen that have not been identified yet. The criminal case was combined to the main case and preliminary investigation is conducted in one proceeding.


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