Արցախահայերի մշակութային ժառանգության ոչնչացումն ու բռնի տեղահանումը՝ մարդկության դեմ ծանր հանցագործությունների համատեքստում

Abstract

The article analyzes the actions of occupation of the territory of the Republic of Artsakh by Azerbaijan following the 44-day war and the ongoing destruction of cultural heritage within the context of grave crimes against humanity (genocide, ethnic cleansing, torture, aggression, war crimes). It examines them under the clauses of the Rome Statute and other international regulations regarding the protection of cultural heritage in times of war and in occupied territories. Additionally, it identifies the grounds according to which the destruction of the cultural heritage of the people of Artsakh can serve as a basis and evidence of the "violent" aspect of the displacement of Artsakh Armenians. The article presents the processes of destruction of Artsakh's tangible and intangible heritage or suspension of cultural practices as examples of violations of the fundamental right to culture of Artsakh Armenians and serious crimes against humanity. The paper attempts to link the policy processes of destroying the cultural heritage of Artsakh, implemented at the state level by Azerbaijani authorities, with the actions of forced displacement, considering them as mechanisms for the implementation of a unified anti-Armenian policy within the framework of the broad concept of cultural heritage. As a result of the study conducted, having analyzed the clauses of the Rome Statute and a number of international treaties regarding displacement and destruction of heritage, as well as the ongoing destruction of cultural heritage of Artsakh by Azerbaijan, we can claim that systematic destruction of the values of both tangible and intangible heritage of Artsakh and the elements of identity related thereto, as well as the processes of forced displacement of a part of Artsakh Armenians following the 44-day war, creating an atmosphere of threat and total distrust, are grave crimes against humanity (including genocide, ethnic cleansing, torture, acts of aggression, war crimes, and actions humiliating human dignity) and factors contributing to the total depopulation of Artsakh Armenians. The overarching goal of the policy of systematic destruction of Artsakh's cultural heritage by Azerbaijan was not only the conquest of the territory but also the change of the ethnic composition of the territory and the expulsion of the people of Artsakh from their homeland. Moreover, we can claim that under the Rome Statute and other international regulations, the destruction of the cultural heritage of the people of Artsakh can serve as a basis and evidence of the "violent" aspect of displacement of Artsakh Armenians. The right to culture of Artsakh Armenians, including the right to communicate, enjoy, and pass on the heritage to the generations, was undermined by the forced displacement and destruction of the cultural heritage. Taking into consideration the significance of cultural heritage in terms of collectivity as well, the great role it played in ensuring the identity and social unity of Artsakh Armenians and their loss as a result of displacement, we can affirm that as a result of the processes mentioned, Artsakh Armenians were deprived of their natural right to recreate and ensure the continuity of their identity.