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Studies show that a part of the spiritual and cultural heritage of Artsakh has been destroyed, while the other part is either being destroyed or is endangered.
Fact Investigation Platform wrote about the lost monuments of Artsakh after the 44-day war in 2020, and about the destroyed and semi-ruined cultural monuments of Artsakh after the depopulation of Artsakh in 2023.
Conventions and legal regulations in the field of cultural heritage protection
Legal regulations for the protection of cultural heritage are numerous. Among them is the Convention on the Protection of Cultural Property in the Event of Armed Conflict which entered into force on May 17, 1954 and which the Republic of Armenia acceded in 1993. According to the Convention, “cultural property” is considered to be architectural, artistic or historical monuments, religious or secular, archaeological sites, architectural complexes, works of art, manuscripts, books, other objects of artistic, historical or archaeological significance, as well as scientific collections or books, archival materials or reproductions of those listed above, those buildings the main and real purpose of which is to preserve or display cultural values. Such buildings are museums, large libraries, archives, shelters, which are intended for the preservation of mobile cultural values in case of armed conflict, centers that include a significant amount of cultural values and are considered “centers containing monuments.”
The purpose of the Convention is to preserve and respect these values. The provisions of the Convention apply in times of declared war or any armed conflict, as well as in times of peace.
The parties to the Convention undertake to educate the personnel of their armed forces in the spirit of respect for the culture and cultural values of all peoples and to train and create such services or special personnel in their armed forces in peacetime, the purpose of which will be to ensure respect for cultural values.
According to Article 18, paragraph 2, the Convention also applies in times of war “in all cases of occupation of all or part of the territory of a contracting party, even if such occupation is not met with any military resistance.”
Azerbaijan signed the Convention on the Protection of Cultural Property in the Event of Armed Conflict on September 20, 1994.
According to another convention on the protection of cultural heritage, Convention Concerning the Protection of World Cultural and Natural Heritage,” monuments, complexes, and attractions are considered cultural heritage. The Article 4 of the Convention defines that the protection and preservation of the cultural heritage located in the territory of the country acceded to the Convention is first of all the obligation of the given country. “It will do all it can to this end, to the utmost of its own resources and, where appropriate, with any international assistance and co-operation, in particular, financial, artistic, scientific and technical, which it may be able to obtain.”
Azerbaijan signed the Convention Concerning the Protection of World Cultural and Natural Heritage on December 12, 1993.
The other one, Convention for the Safeguarding of Intangible Cultural Heritage was signed and adopted on October 17, 2003. According to the Convention, along with the definition of “intangible cultural heritage,” it also includes works of art and cultural spaces, along with customs, knowledge and skills. According to the first paragraph of Article 11 of the Convention, each state party to the Convention shall take the necessary measures to ensure the safeguarding of the intangible cultural heritage present in its territory.
Azerbaijan signed the Convention for the Safeguarding of Intangible Cultural Heritage in 2007.
Article 4, paragraph 1 of the International Convention on the Elimination of All Forms of Racial Discrimination makes spreading ideas based on racial superiority or racial hatred, inciting racial discrimination, as well as acts of violence or their incitement against any group of people of any race or skin color or ethnic origin, punishable by law. The Convention was adopted on December 21, 1965, and Azerbaijan signed it in 1996.
According to Article 40 of the Constitution of the Republic of Azerbaijan, everyone shall respect historical, cultural and spiritual heritage, and preserve historical and cultural monuments.
Thus, although Azerbaijan acceded the above-mentioned conventions, ratified them and has undertaken to pursue the legal mechanisms of their enforcement, that country still continues to destroy and damage the Armenian spiritual and cultural heritage in Artsakh.
International reactions
On September 16, 2021 within the framework of the International Convention on the Elimination of All Forms of Racial Discrimination, Armenia filed a lawsuit to the International Court of Justice against Azerbaijan. A motion to apply interim measures was also submitted. The court, in its December 7, 2021 decision, granted most of Armenia’s requests for interim measures.
This means that Azerbaijan, having acceded the International Convention on the Elimination of All Forms of Racial Discrimination, is obliged to take all necessary measures to prevent and punish acts of vandalism and insults that damage Armenian cultural heritage, including churches and other places of worship, monuments, landmarks, sites, cemeteries and artifacts.
On March 9, 2022, the European Parliament adopted the resolution on the destruction of cultural heritage in Nagorno-Karabakh. Emphasizing that cultural heritage has a universal significance, the Council of Europe strongly condemned Azerbaijan’s continuous policy of erasing and denying Armenian cultural heritage in Nagorno-Karabakh. The resolution states that the destruction of Armenian cultural heritage is part of a systemic policy of Armenian hatred, and calls on the governments of Azerbaijan and Armenia, with the support of the international community, to launch an effective investigation into all allegations of violations of international law, including cases of undermining the protection of cultural heritage.
At the end of 2022, the European Parliament condemned Azerbaijan’s policy of destruction of Armenian heritage in the draft report “New European Agenda for Culture and International Cultural Relations.”
On January 17, 2024, the French Senate adopted a resolution condemning Azerbaijan’s policy of destroying the cultural heritage of Nagorno-Karabakh. The resolution calls to respect the cultural and religious heritage in line with the international commitments of Azerbaijan and Armenia. It strongly condemns the encroachments on Armenian monuments, relics, collections and cultural values in Nagorno-Karabakh. The resolution emphasizes the need to create a group of experts under UNESCO and send it to Nagorno-Karabakh.
Still in February, 2022, Thomas Mallard, an employee of the press office of UNESCO, mentioned about sending an independent technical mission of UNESCO to Artsakh. He expressed hope that this would be possible soon. “But at the moment there are no required conditions for that,” said Mallard.
In January 24, 2024, a conference on “Protection of the cultural and spiritual heritage of Nagorno-Karabakh” was held in the European Parliament. The conference was attended by the Director of Etchmiadzin Evangelization Center Reverend Garegin Hambardzumyan, and cultural heritage expert Armine Tigranyan.
Speaking at the conference, A. Tigranyan emphasized the need to make immediate decisions for the preservation and protection of Artsakh’s cultural heritage.
“Currently, in the territories under the control of Azerbaijan, the Armenian cultural heritage is exposed to destruction, confiscation, desecration, and name change every day. Today, the cultural heritage of Nagorno-Karabakh is in danger of disappearing. The recorded facts about the destruction of unique values testify to the pronounced anti-Armenian policy of Azerbaijan. Nagorno-Karabakh is deprived of the cultural heritage created by its indigenous people. This is a loss for the whole world,” she said.
During the same conference, the Slovak member of the European Parliament, Miriam Lexman, stated that the original Armenian cultural and spiritual heritage is being destroyed, while Azerbaijan is not being held accountable for that.
At the end of the conference, it was decided to adopt an appeal to the executive bodies of the European Union, which would outline further clear steps for the protection of cultural heritage of Artsakh.
On February 28, 2024, the European Parliament, in paragraph 77 of the “2023 report on the implementation of the common foreign and security policy,” demanded to protect the Armenian cultural, historical and religious heritage in Nagorno-Karabakh, in line with UNESCO standards and Azerbaijan’s international commitments.
In March, 2024, the European Parliament adopted a resolution on the need for closer ties between the European Union and Armenia and the need for a peace agreement between Azerbaijan and Armenia. With this, the European Parliament condemns the ethnic cleansing carried out by Azerbaijan in Artsakh, notes that Azerbaijan has violated the the decision of International Court of Justice of December 7, 2021, expresses deep concern “in connection with the preservation of the cultural, religious and historical heritage of the Armenian population of Nagorno-Karabakh,” condemns the destruction, vandalism and desecration of all those buildings and places “which remind the centuries-old Armenian presence in Nagorno-Karabakh.” With the resolution, the European Parliament also calls on the authorities of Azerbaijan to preserve and protect the rich and diverse heritage of the region, and UNESCO to take immediate measures to preserve and protect the endangered Armenian cultural heritage in Nagorno-Karabakh. At the same time, the European Parliament calls for strengthening cooperation between Armenia and the EU in order to monitor the systemic destruction of Armenian cultural heritage (churches, monasteries, cemeteries, monuments, palaces, etc.) by Azerbaijan, especially with the involvement of the EU satellite.
It should also be noted that UNESCO did not react to the destruction of churches and graves in Artsakh.
Thus, despite all these decisions and legal regulations, even after the last two wars in Artsakh, Azerbaijan continues to destroy cultural monuments in Artsakh and violate international conventions it has also signed.
Alyona Hayrapetyan
