The Destruction of Stepanakert’s Historic District
The historic district in the center of Stepanakert, characterized by houses dating from the late 19th and early 20th centuries, was demolished by the Azerbaijani side (https://fip.am/39233?utm_medium=paid&utm_source=fb&utm_id=6606745212456&utm_content=6606745213256&utm_term=6606745212856&utm_campaign=6606745212456&fbclid=IwY2xjawF7n79leHRuA2FlbQEwAAEdiBS-4hRF1mm5TknTZalMXgq5F3dqwAVycJoZ2z_E5as1ohVSVW_X-fBv_aem_l_FQ3oNnUwxAgw45DuZigw). Most of the houses in the historic district were single-story, with a smaller number being two-story structures. They were constructed from local white limestone. Following the economic revitalization at the end of the 19th century, the area underwent a significant program of reconstruction and development, adhering to the established urban planning principles of Shushi. The houses in Stepanakert's historic district closely resemble those in Shushi, a fact of considerable historical importance. Most of these houses were built by Armenian residents (Balayan 2020, 16-18). The destruction of Stepanakert's historic core by the Azerbaijani side effectively erases the city's Armenian heritage. Notably, in late 2023, the President of Azerbaijan, Ilham Aliyev, made a specific reference to Stepanakert's past in one of his speeches, which significantly distorted the historical facts (for further information regarding the modification of Stepanakert and the falsification of historical facts, please also refer to the following sources: Regarding Azerbaijan’s bogus claims concerning Stepanakert, https://monumentwatch.org/en/alerts/regarding-azerbaijans-bogus-claims-concerning-stepanakert/, Azerbaijan has commenced the transformation of Freedom Fighters Avenue in Stepanakert, https://monumentwatch.org/en/alerts/azerbaijan-has-commenced-the-transformation-of-freedom-fighters-avenue-in-stepanakert/, Regarding the Azerbaijani “reconstruction” of Stepanakert, https://monumentwatch.org/en/alerts/regarding-the-azerbaijani-reconstruction-of-stepanakert/, Azerbaijan is continuing the process of de-Armenianization of
Stepanakert by demolishing the buildings of the Artsakh National Assembly and the Union of Freedom Fighters, https://monumentwatch.org/hy/alerts/%D5%A1%D5%A4%D6%80%D5%A2%D5%A5%D5%BB%D5%A1%D5%B6%D5%A8-%D5%B7%D5%A1%D6%80%D5%B8%D6%82%D5%B6%D5%A1%D5%AF%D5%B8%D6%82%D5%B4-%D5%A7-%D5%BD%D5%BF%D5%A5%D6%83%D5%A1%D5%B6%D5%A1%D5%AF%D5%A5%D6%80%D5%BF/).
Our response
According to the International Court of Justice, customary international law is binding on all states and prohibits the willful destruction of cultural heritage. This principle is outlined in Article 38 of International Humanitarian Law, as referenced in the following link: https://heritage.sensecentar.org/assets/home/sg-7-06-icrc-ihl.pdf. Additionally, Rules 39, 40, and 41 further support this position. Moreover, the deliberate destruction of Stepanakert's historic houses constitutes a violation of Article 8 of the Rome Statute and is regarded as a grave crime against humanity.
Furthermore, these actions contravene the binding decisions of the International Court of Justice in The Hague. By Article 4 of the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict, as well as Article 15(a) of the Second Protocol, the damage inflicted upon the city constitutes a "serious violation" that qualifies as a war crime prosecutable in international courts. The destruction of the historical district can also be described as genocide, given that the issue of genocide is now considered within the context of attacks on cultural heritage (ICC, Policy on Cultural Heritage, para. 88). As outlined in the Manual for the Examination of the Cultural Heritage Provisions of the Rome Statute, "Crimes against or affecting cultural heritage are often related to or committed as part of genocide, accompanied by acts of total or partial physical destruction of members of the group" (ICC, Policy on Cultural Heritage, para. 78). Furthermore, crimes against cultural heritage that occur alongside other physical or biological acts against a group may indicate a specific intent to commit genocide (ICC, Policy on Cultural Heritage, para. 79).
Our response
- Balayan 2020 - Balayan V., Outlines of the History of Settlements of the Republic of Artsakh, Yerevan.