Videos filmed by Azerbaijani users in Stepanakert show that two windows of the Cathedral of the Protection of the Holy Mother of God in Stepanakert have been broken (Figs. 1, 2). Although the building remains fully standing and appears externally intact, the damage to the windows of a structure representing the Armenian character of the city is a matter of serious concern, especially since they had not previously been damaged. This indicates that the monument has been subjected to vandalism (https://www.youtube.com/shorts/QSN6nc1sACg).

Unfortunately, we do not have recent photographs or videos that would allow us to assess the condition and situation inside the church.

It should be recalled that Stepanakert Cathedral was built in 2019 and is one of the city’s important symbols.

Our response

The deliberate damage to the windows of the Cathedral of the Protection of the Holy Mother of God in Stepanakert constitutes a gross violation of Article 4 of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, as well as Article 9 of the 1999 Second Protocol to the 1954 Hague Convention.

Article 4, paragraph 3, of the Hague Convention directly obliges the parties to “prohibit, prevent and, if necessary, put a stop to any form of theft, pillage or misappropriation of, and any acts of vandalism directed against, cultural property.” Under Article 9 of the 1999 Second Protocol, the party in control of the territory is required to prohibit and prevent any alteration of cultural property, or change in its use, intended to conceal or destroy cultural or historical evidence. The distortion of the church’s exterior appearance constitutes precisely such an alteration.

As the party exercising control over Armenian cultural heritage, Azerbaijan bears international legal responsibility for failing to preserve the integrity of the cultural property and to prevent acts of vandalism. Since the cathedral is an important symbol of the city’s Armenian identity, such acts are aimed at destroying the traces of the Armenian cultural heritage of the area, in contradiction with UNESCO principles and international humanitarian law.

On 7 December 2021, the International Court of Justice, in the case Armenia v. Azerbaijan, indicated provisional measures and ordered Azerbaijan to “take all necessary measures to prevent and punish acts of vandalism and desecration affecting Armenian cultural heritage, including churches and other places of worship.”

The damage to the church in Stepanakert demonstrates that the state is not complying with the binding order of the world’s highest court. Moreover, under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), cultural vandalism is often viewed as part of ethnic cleansing and racial discrimination. Article 5 of the Convention guarantees everyone’s right to participate equally in cultural life. The targeting of Armenian spiritual monuments violates the fundamental right of the Armenians of Artsakh to access and enjoy their cultural heritage.

The intentional targeting or damaging of cultural property not being used for military purposes is qualified under Article 15 of the 1999 Second Protocol to the Hague Convention as a serious violation, which may also entail individual criminal responsibility.