Military Law at Artsakh
Artsakh, also known as Nagorno-Karabakh, is a self-declared, unrecognized republic in the South Caucasus region, which has been a subject of ongoing conflict, particularly with Azerbaijan. Artsakh is primarily ethnically Armenian and has been supported by Armenia in its efforts to maintain de facto independence, even though it is internationally recognized as part of Azerbaijan.
The military law in Artsakh is closely related to its defense needs and the broader geopolitical situation involving Armenia and Azerbaijan. The country has developed its own military structures and defense legislation in response to the ongoing conflict, especially since the region declared its independence following the collapse of the Soviet Union.
1. Military Structure in Artsakh:
Artsakh has its own military forces, known as the Artsakh Defense Army (ADA), which is responsible for the protection of the territory. The Artsakh military was primarily formed in the early 1990s during the Nagorno-Karabakh War (1991–1994) against Azerbaijan, and its structure, training, and equipment are heavily influenced by Armenia, as the latter has historically been its main ally.
Artsakh Defense Army (ADA): The ADA is the main military force responsible for the defense of Artsakh. It is made up of both professional soldiers and volunteers and is tasked with defending the region against any potential aggression from Azerbaijan.
Military Service: The Artsakh Defense Army relies on a volunteer force and is known to conduct mandatory conscription for young men. Conscription in Artsakh is common, and there are reports of young men being called to serve in the military as part of the broader defense effort. Artsakh also has an established reserve force for mobilizing citizens in times of conflict.
Armenian Support: While Artsakh has its own army, Armenia plays a crucial role in terms of training, military supplies, and political backing. In times of conflict, particularly during significant escalations in the Nagorno-Karabakh conflict, Armenian forces are often involved alongside Artsakh’s troops, even though Armenia itself does not officially control Artsakh.
2. Military Law and Legal Framework:
Given the unrecognized status of Artsakh and the fact that it operates as a de facto independent entity, its military law is heavily influenced by the Armenian legal system. However, Artsakh has its own set of military regulations and laws tailored to its security needs.
a. Constitution of Artsakh (2017):
Artsakh’s Constitution defines the region’s sovereignty and outlines the rights and duties of its citizens, including matters related to national defense.
The Constitution emphasizes the importance of protecting the territorial integrity of Artsakh and grants the Artsakh Defense Army the responsibility to defend the region.
b. Military Service Law:
Conscription Law: The Law on Military Service establishes conscription in Artsakh. Men between the ages of 18 and 27 are required to serve in the military for a certain period, typically around two years. Service can be extended during times of active conflict, as it was during the 2020 Nagorno-Karabakh war.
Exemptions: Certain individuals may be exempt from military service due to health reasons, education, or family circumstances.
Voluntary Service: While conscription exists, many individuals also volunteer for service in the Artsakh Defense Army.
c. Military Discipline and Justice:
Military Courts: Artsakh has its own military justice system, with military courts handling offenses related to military conduct, including desertion, insubordination, and crimes during wartime. The Criminal Code of Artsakh includes provisions specific to military law, such as punishments for actions that undermine the country’s security or its military integrity.
War Crimes and Accountability: Artsakh has legal mechanisms for addressing violations of military law and international humanitarian law. However, since the region is not internationally recognized, enforcement of international law may be limited in its application.
3. Role of Military in Society:
In Artsakh, the military plays a central role in society. The Artsakh Defense Army is not just a military force but also a key institution in national identity and defense. The ongoing conflict with Azerbaijan, especially since the 2020 Nagorno-Karabakh war, has reinforced the importance of military readiness in Artsakh’s daily life.
Military Parades and Memorials: Artsakh frequently holds military parades and memorial services to honor those who have died in the conflict. These events emphasize the importance of national defense and patriotism.
Civilians in Support Roles: In addition to active-duty soldiers, civilians often take on supportive roles such as volunteering in logistics, providing medical support, or participating in reconstruction efforts after conflicts.
4. Defense Cooperation with Armenia:
Artsakh’s defense strategy is heavily intertwined with Armenia’s, and the two entities share military cooperation and defense agreements:
Armenia’s Role: Although Armenia has not formally recognized Artsakh as an independent state, it has provided significant military aid and support to the region. This includes weapons, ammunition, training, and volunteers. Armenia also provides logistical and financial support to Artsakh’s military infrastructure.
Joint Military Exercises: Armenia and Artsakh have conducted joint military exercises to enhance coordination between the two forces, preparing for any potential military escalation.
5. Military Engagement and Conflict:
Artsakh has been involved in multiple military conflicts, most notably the Nagorno-Karabakh War (1991–1994) and the 2020 Nagorno-Karabakh war. The region's military laws are thus shaped by the need to address wartime conditions, including the mobilization of troops and resources during periods of high tension and full-scale war.
a. 2020 Nagorno-Karabakh War:
The 2020 war was a significant turning point, with Azerbaijan making substantial territorial gains and Artsakh suffering heavy losses. During this period, Artsakh's military law was likely adjusted to address the urgent defense needs and the necessity of emergency mobilization of troops.
Martial Law: During the conflict, martial law was declared, which allowed the government to implement strict military control over the civilian population, including the use of curfews, restrictions on freedom of movement, and the nationalization of certain resources for military purposes.
6. International Law and Artsakh’s Military:
Artsakh’s military actions, like those of any non-recognized state, are a source of international controversy. The region is not a member of the United Nations and is not recognized by the international community. As such, Artsakh is not bound by the same international treaties as recognized states in terms of military obligations or war crimes accountability.
International Humanitarian Law (IHL): Artsakh, in practice, follows the Geneva Conventions and International Humanitarian Law (IHL), particularly in how it treats prisoners of war and civilians during conflict. However, the region's lack of recognition complicates the full enforcement of international norms.
Conclusion:
The military law of Artsakh is shaped by the region’s unrecognized status, the ongoing conflict with Azerbaijan, and the close ties with Armenia. Artsakh maintains a volunteer military force, which is bolstered by conscription during periods of active conflict. The military structure and legal framework are influenced by the need to defend the region against Azerbaijan, with heavy support from Armenia. While Artsakh's military laws ensure the defense of the region, the geopolitical complexities of its situation and the region’s international non-recognition make its military and legal system distinctive.
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