SELF-DEFENSE IN KARABAKH CONFLICT?

Abstract

Use of force is one of the principles of international law which has been banned by the UN Charter and modern constitutions. However, since the enforcement of the UN Charter, self-defense has become the preferred excuse for states to justify their use of force. But applying self-defense requires some conditions. Immediacy is one of the important conditions of self-defense. Immediacy defined as the time span between armed attacks and reaction to it, is the main discourse. This condition requires self defense immediately after the armed conflict or during a rational time span since its occurance.

In this respect, the emerging Karabakh Conflict between Armenia and Azerbaijan in the 1990s is important. After Armenia’s armed attacks, Azerbaijan has acted within the scope of legitimate self-defense. But in accordance with UN Security Council cease-fire resolution Azerbaijan has suspended its self-defense actions. However, today, still twenty percent of Azerbaijani territory is still under Armenian occupation. Accordingly, after a long time the validity of Azerbaijan’s right to legitimate self-defense is still subject to arguments.

In this article, by comparing two different approaches (strict and board interpretation approaches) on the temporal link between the measures of self-defense and the armed attacks (immediacy), the temporal link between the self-defense countermeasures of Azerbaijan and armed attacks by Armenia in Karabakh Conflict will be examined.