11 December 2024

Wednesday, 04:36

JOINING EFFORTS

On СОР29 and the violation of international law in the occupied territories of Azerbaijan

Author:

15.11.2024

Today, Azerbaijan may be witnessing the most significant event in its history. The global importance of this event has been widely discussed and documented, highlighting that hosting it in our country reflects the high level of confidence the international community has in Azerbaijan—an esteem that few small states can achieve through their independent policies and actions.

However, there are specific aspects I wish to focus on during the days of COP29.

 

Why It Is Important

It is widely recognised that climate transformation, evidenced by global warming, represents a long-term change in Earth's temperature primarily driven by human activity. Ecology is one of the key concerns for the international community due to climate change, land desertification, and the scarcity of clean water. The burning of fossil fuels, deforestation, and other human activities increase the concentration of greenhouse gases in the atmosphere, which subsequently leads to rising temperatures.

The consequences of human activity and climate change are catastrophic: rising sea levels, more frequent and intense extreme weather events (such as hurricanes, droughts, and floods), and changes in the agricultural sectors of various economies. This could potentially lead to global food shortages and mass starvation. Additionally, environmental degradation leads to the extinction of numerous plant and animal species, disrupts natural balance, and jeopardizes the future of humanity.

Climate change poses one of the most serious challenges, necessitating intensified long-term collaborative action based on principles of equity for sustainable development.

Hosting the 29th session of the Conference of the Parties to the UN Framework Convention on Climate Change (COP29) in Baku is symbolic since Azerbaijan is a small piece of land hosting 9 out of the 11 climate zones found worldwide. It represents a unique natural corner deserving recognition as a Nature Reserve. COP29 offers Azerbaijan a unique opportunity to play a central role in international efforts to combat climate change. Azerbaijan has consistently reaffirmed its commitment to transparent and inclusive actions regarding climate change. Its environmental policy aims to balance a green transition with economic stability.

Azerbaijan is submitting its Biennial Transparency Report (BTR) and Nationally Determined Contribution (NDC) to COP29. These documents highlight the country's efforts to mitigate climate change in accordance with international law. Baku has repeatedly articulated its vision for COP29—to fulfil commitments and deliver results that keep the 1.5°C target within reach.

 

Importance of International Law

When addressing climate change, the global community has laid out essential goals and strategies in documents such as the UN Framework Convention on Climate Change (UNFCCC) dated 9 May 1992, the Kyoto Protocol to the UNFCCC dated December 11, 1997, and the Paris Climate Agreement dated December 12, 2015. Many of these goals are incorporated into the 17 Sustainable Development Goals, which serve as a call to action for all UN Member States. One such goal is to take urgent action to combat climate change and its impacts (Goal 13). The Kyoto Protocol developed general obligations under the UNFCCC, including establishing quantitative targets for developed countries and using market mechanisms. To achieve these objectives, countries must engage in high-level discussions and strengthen political commitment using all available platforms. The UN Framework Convention on Climate Change was signed at the Rio Earth Summit in June 1992 to prevent dangerous human interference with the climate system. The term COP (Conference of the Parties) refers to the governing body responsible for overseeing the implementation of the Framework Convention.

 

Chairmanship of Azerbaijan

In this context, collective progress on all areas of the Paris Agreement on Climate Change—finding a "political direction" to overcome differences and addressing climate finance—is essential. Thus, Azerbaijan's primary goal at COP29 is to establish a clear and ambitious New Collective Quantified Goal (NCQG) for climate finance that addresses the needs of all parties involved. Notably, the NCQG was initially agreed upon in 2015 but is being updated for 2025 to assist the world's poorest nations in their fight against climate change. Azerbaijan has also proposed 14 initiatives at COP29 to tackle climate challenges. The issues covered in Azerbaijan's proposals include climate finance, energy, agriculture, water resources, tourism, digitalization, green cities, and human resources.

 

Ecological Disaster Zones in Azerbaijan

Simultaneously, the international community acknowledges the conditions under which Azerbaijan is welcoming its guests. Armenia's blatant disregard for the UN Sustainable Development Goals—a member of this organization—has pushed the ecology of the South Caucasus to the brink of collapse. By the end of 2023, Azerbaijan not only restored its territorial integrity but also its sovereignty, ending the 30-year Armenian occupation of Azerbaijani territories. According to international law, any military occupation is inherently temporary. It does not grant sovereignty over occupied lands nor alter their legal status. The occupier is prohibited from changing the legal, social, and economic structures. Norms of international law do not permit the exploitation of local populations, natural resources, or other assets from annexed territories for the benefit of the occupier. Armenia has grossly violated these principles of international law. The consequences are catastrophic; approximately 20% of this sovereign state's territory was rendered uninhabitable, while unique regional ecosystems were destroyed along with historical, cultural, and economic sites. Forests were decimated, rivers and water bodies were depleted and contaminated with industrial waste, and wildlife was devastated. In all previously occupied territories of Azerbaijan, forests covered an area of 260,000 hectares, with 54,000 hectares subjected to logging. In 2017 alone, 102,488 cubic meters of forest were harvested. This wood was exported to Armenia for furniture production, barrels, and small arms butts.

Throughout the 28 years of occupation across Azerbaijani districts (not including the former Soviet NKAO), Armenians designated their so-called "security belt," during which periodic deliberate arson attacks led to extensive land and forest destruction. This alarming trend raised concerns among international organizations as early as the early 2000s.

In accordance with UN General Assembly Resolution dated September 7, 2006 regarding "The Situation in the Occupied Territories of Azerbaijan," an OSCE Environmental Assessment Mission conducted a ten-day evaluation visit to the region. It reported on environmental and economic damage caused by fires and their threats to human health and safety. The mission determined that affected areas were extensive and that impacts on people, economy, and environment were significant. It should also be noted that fire obliterates all living organisms along with fertile soil, grasses, and shrubs. As a result of these intentional fires, over 110 thousand hectares have been scorched and devastated.

International law prohibits using phosphorus munitions against civilians, civilian structures, forests, etc. These regulations are included in Protocol III to the 1980 UN Convention on Certain Conventional Weapons and in the 1977 Additional Protocols to the 1949 Geneva Conventions for Protecting War Victims. The use of white phosphorus shells not only poses poisoning risks and severe burns upon contact but also ignites fires that are difficult to extinguish. Phosphorus ammunition represents one of the most hazardous weapons employed to devastate enemy territories.

The Armenian armed forces repeatedly deployed such shells during the 44-day war. These incidents are documented by Azerbaijan’s National Agency for Demining—ANAMA.

The documented occurrences of deliberate land burning, forest destruction, residential area devastation, and infrastructure damage in Garabagh and Eastern Zangezur by Armenians became widespread following the signing of a trilateral statement by leaders from Azerbaijan, Russia, and Armenia regarding a complete cessation of hostilities in Garabagh on November 9-10, 2020. The subsequent liberation of Armenian-occupied Azerbaijani territories was accompanied by intentional destruction of homes with residential plots, forests, apiaries, and infrastructure—a situation extensively reported by global media outlets including Reuters, BBC, Strait Times, Euronews, France24, RBC among others.

During this period of occupation, there was extensive exploitation and pollution of water sources and resources. Armenia's refusal to join the UN Convention on the Protection and Use of Trans-boundary Watercourses and International Lakes complicates resolving trans-boundary water issues under international law.

Before liberation, freshwater resources such as Böyük Alagöl, Kiçik Alagöl, Zalkhagöl, Garagöl, Janligöl, Ishigli Garagöl in Kalbajar and Lachin districts—as well as Garagöl in Aghdara district—were under occupation. These ecologically significant lakes faced considerable anthropogenic pressure while also being home to a network comprising 6,426 km of irrigation canals, 185 km of collector and drainage canals, 1,429 artesian wells, 539 hydraulic engineering structures, 220 hydropower plants, 88 pumping stations along with eight reservoirs totalling a volume of 640 million cubic meters. Following prolonged neglect regarding maintenance during occupation, these infrastructures were left in critical condition at liberation—posing threats to inhabitants living in Azerbaijan's mountainous foothill areas and central lowlands.

Back in 2016, PACE adopted Resolution No. 2085 titled "On the deliberate deprivation of water from Azerbaijani populations residing in border areas within Garabagh's lowland regions." The resolution highlighted that Sarsang reservoir poses danger across an entire region while emphasizing that its dam's emergency condition could lead to a major catastrophe resulting in significant loss of life as well as potential humanitarian crises. Given this urgent humanitarian issue's seriousness, PACE demanded that Armenian authorities cease using water resources as political leverage while allowing access for independent hydrological engineers to conduct assessments within affected regions.

However, Yerevan ignored these resolutions over many years along with mandates from various other international bodies without facing repercussions from PACE against its delegation.

On August 28, 2020, Armenian forces deliberately obstructed Injasu River—originating within their territory—which flows towards Gazakh district within Azerbaijan causing substantial reductions in water reserves at Kemerli village reservoir bordering Armenia leading towards imminent irrigation complications for agricultural lands.

Furthermore, over nearly three decades massive looting targeted minerals across occupied Azerbaijani territories while fields experienced barbaric exploitation.

There exist more than 160 deposits containing various valuable metals situated within liberated districts including five gold-bearing deposits alongside seven mercury deposits two copper deposits one each lead and zinc deposit coal deposit six alabaster deposits four vermiculite deposits twelve coloured and decorative stones deposits etc. In available records two tons worth gold extracted solely from Söyüdlü deposit during year two thousand three alone posed significant environmental risks due lack environmental reputation associated companies involved extraction efforts.

It is crucial to underscore that concerns surrounding radioactive waste disposal within occupied territories along with operations at Metsamor NPP have drawn attention both through media coverage & international relations discussions repeatedly raised highlighting Article forty-two among conditions stipulated within Armenia-EU Enhanced Comprehensive Partnership Agreement established back in two thousand seventeen emphasizing closure need ensuring safe decommissioning process allowing energy security throughout region.

Collectively these matters necessitate vigilant oversight from global communities working collaboratively aimed at averting further environmental repercussions while holding Armenia accountable regarding violations committed against established norms governing international law.



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