The Azerbaijani side has demolished Surb Hakob Church, located on Hekimyan Street in the city of Stepanakert. Judging from the circulated photograph, not only was the church itself demolished, but the entire surrounding area of the church was also razed to the ground (Fig. 1). This means that the khachkars and monuments located within the church precinct were also destroyed. Particularly notable among them was the khachkar created by sculptor Robert Askaryan (Fig. 2).

Azerbaijani media outlets have “responded” to the destruction of the church by describing it as “illegal and subject to dismantling” (https://t.me/maidentower/61411).

It should be noted that Surb Hakob Church was built in 2007. For more detailed information about the church, see: https://monumentwatch.org/hy/monument/%d5%bd%d5%bf%d5%a5%d6%83%d5%a1%d5%b6%d5%a1%d5%af%d5%a5%d6%80%d5%bf%d5%ab-%d5%bd%d5%a2-%d5%b0%d5%a1%d5%af%d5%b8%d5%a2-%d5%a5%d5%af%d5%a5%d5%b2%d5%a5%d6%81%d5%ab%d5%b6/?fbclid=IwY2xjawRJwWxleHRuA2FlbQIxMABicmlkETFaeml4T2RXcGxLaVRLbFAxc3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHgEKb09g_re39r97sffkKiwMinvCRKebKEbobyclMRBjcaiXCztatja30B6M_aem_gDB6uGL-xqSO9ajtiP6V9A։

Our response

The deliberate destruction of Surb Hakob Church in Stepanakert violates Article 8 of the Rome Statute and constitutes a grave crime against humanity. The damage inflicted on the church also constitutes a “serious violation” under Article 4 of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and Article 15(a) of the 1999 Second Protocol to that Convention; as such, it may be prosecuted before international courts as a war crime.

The destruction of Surb Hakob Church is also a genocidal act, since the issue of genocide is today also considered in the context of attacks on cultural heritage (ICC, Policy on Cultural Heritage, para. 88). The manual examining the cultural heritage provisions of the Rome Statute states that “crimes against or affecting cultural heritage are often linked to genocide or committed as part of it” (ICC, Policy on Cultural Heritage, para. 78). The destruction of cultural heritage can cause serious mental harm to people, thereby intensifying the gravity and seriousness of genocidal acts under Article 6(b) of the Rome Statute.

Beyond the physical damage, the destruction of Surb Hakob Church has profound emotional and cultural consequences for the affected community and constitutes a gross violation of the right of the Armenians of Artsakh, and of Armenians as a whole, to enjoy and exercise their cultural rights. The universal guarantee of cultural rights is set out in Article 27 of the Universal Declaration of Human Rights, which states: “Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.” In addition, Article 4 of the Universal Declaration on Cultural Diversity and paragraph 4 of Human Rights Council Resolution 10/23 state that no one may invoke cultural diversity to infringe upon human rights guaranteed by international law, nor to limit their scope.