United Nations General Assembly Resolution 62/243: Difference between revisions

UN General Assembly
Resolution 62/243
UN General Assembly; Resolution 62/243
	In favour
	Against
	Abstained
	Absent
	Non-voting
Date	14 March 2008
Meeting no.	86th Plenary
Code	A/RES/62/243 (Document)
Subject	The situation in the occupied territories of Azerbaijan
Voting summary	39 voted for; 7 voted against; 100 abstained; 46 absent;
Result	adopted

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United Nations General Assembly Resolution 62/243, titled "The Situation in the Occupied Territories of Azerbaijan", is a resolution of the United Nations General Assembly about the situation in Nagorno-Karabakh, which was adopted on March 14, 2008 at the 62nd session of the General Assembly. The document expresses serious concern that the armed conflict in and around the NagornoKarabakh region of the Republic of Azerbaijan continues to endanger international peace and security. It became the seventh United Nations document concerning Nagorno-Karabakh and the third and last United Nations General Assembly document on it.

The resolution refers to the previous UN documents regarding the conflict, recalling Security Council Resolutions 822 (1993), 853 (1993), 874 (1993) and 884 (1993), as well as General Assembly resolutions 48/114 of 20 December 1993, and 60/285 of 7 September 2006. Also, while adopting the resolution, the UN General Assembly took note of the report of the environmental assessment mission led by the Organization for Security and Co-operation in Europe to the fire-affected territories in and around the Nagorno-Karabakh region^[1] and the adverse implications of the conflict for the humanitarian situation and development of the countries of the South Caucasus.

The resolution reaffirmed "continued respect and support for the sovereignty and territorial integrity" of Azerbaijan "within its internationally recognized borders", demanded the "immediate, complete and unconditional withdrawal of all Armenian forces from all the occupied territories of Azerbaijan", and emphasized that "no state shall render aid or assistance" to maintain the occupation of Azerbaijani territories.^[2] The resolution was adopted shortly after 2008 Agdere skirmishes, which at the time had been the heaviest ceasefire violation between Armenia and Azerbaijan since the end of Nagorno-Karabakh War.

Legal status

Most experts^[3] consider most General Assembly resolutions to be non-binding. Articles 10 and 14 of the UN Charter refer to General Assembly resolutions as "recommendations"; the recommendatory nature of General Assembly resolutions has repeatedly been stressed by the International Court of Justice.^[4]

While General Assembly resolutions are not binding on the members, they do reflect their opinion. In that respect, it was also important that the resolution reaffirmed, "no State shall recognize as lawful the situation resulting from the occupation of the territories of the Republic of Azerbaijan, nor render aid or assistance in maintaining this situation." Such language is a condemnation of any country actively supporting a movement that does not respect the sovereignty and territorial integrity of the country.^[5] Furthermore, previous UN documents, unlike this resolution, did not contain explicit clauses on non-recognition of the occupying regime.^[6]

Draft resolution

In early 2005 the UN General Assembly's dispatch of a fact-finding mission had confirmed Armenian settlement in Azerbaijan's territory.^[7] The Permanent Representative of Azerbaijan to UN Agshin Mehdiyev presented the draft resolution A/62/L.42, which was adopted by a recorded vote of 39 in favour to 7 against (including OSCE Minsk Group co-chairs), with 100 abstentions.^[8]

Voted for

Voted against

Voting rationales

Indonesia. Indonesian representative said he had voted in favour because the document reaffirms principles and objectives in addressing the Nagorno-Karabakh conflict.^[7]
OSCE Minsk Group. Speaking on behalf of the group, the United States said that the Co-Chairs voted against because they "viewed resolution 62/243 as selectively propagating only certain of those principles to the exclusion of others, without considering the Co-Chairs’ proposal in its balanced entirety".
South Africa. The South African delegation abstained from voting because South Africa supported the efforts of the OSCE Minsk Group to settle the conflict.^[7]
United Kingdom. According to Lord Howell of Guildford, his country abstained from voting "as the resolution did not take into account the Madrid Principles or Minsk Group process".^[9]

References

^ United Nations General Assembly (2008). "A/RES/62/243". undocs.org. United Nations. Archived from the original on 9 October 2022. Retrieved 20 November 2022.
^ "Resolution adopted by the General Assembly on 14 March 2008 – The situation in the occupied territories of Azerbaijan". United Nations. 14 March 2008. A/RES/62/243. Retrieved 18 March 2017.
^ e.g. Higgins (1994) p. 21
^ Sergei A. Voitovich, International Economic Organizations in the International Legal Process, p. 95. Martinus Nijhoff Publishers, 1995. ISBN 0-7923-2766-7
^ J. Coyle, James (2021). "Diplomacy Surrounding Frozen Conflict". Russia's Interventions in Ethnic Conflicts: The Case of Armenia and Azerbaijan. Switzerland: Palgrave Macmillan. p. 146. ISBN 978-3-030-59573-9.
^ Czapliński, Władysław; Richter, Dagmar (2019). "Illegal States?". Unrecognised Subjects in International Law. Warsaw: Scholar Publishing House Ltd. p. 44. ISBN 978-83-7383-964-9.
^ ^a ^b ^c "General Assembly adopts resolution reaffirming territorial integrity of Azerbaijan, demanding withdrawal of all Armenian forces". United Nations Department of Public Information. 2008-03-14. Archived from the original on 2009-01-21.
^ "The situation in the occupied territories of Azerbaijan". General Assembly Sixty-second session - Official Records. United Nations. 2008-04-14. A/62/PV.86.
^ "House of Lords Written Answers 5 July 2010". UK parliament. Archived from the original on 2010-10-13. Retrieved 2010-12-08.

[1] United Nations General Assembly (2008). "A/RES/62/243". undocs.org. United Nations. Archived from the original on 9 October 2022. Retrieved 20 November 2022.

[2] "Resolution adopted by the General Assembly on 14 March 2008 – The situation in the occupied territories of Azerbaijan". United Nations. 14 March 2008. A/RES/62/243. Retrieved 18 March 2017.

[3] .g. Higgins (1994) p. 21

[4] Sergei A. Voitovich, International Economic Organizations in the International Legal Process, p. 95. Martinus Nijhoff Publishers, 1995. ISBN 0-7923-2766-7

[5] J. Coyle, James (2021). "Diplomacy Surrounding Frozen Conflict". Russia's Interventions in Ethnic Conflicts: The Case of Armenia and Azerbaijan. Switzerland: Palgrave Macmillan. p. 146. ISBN 978-3-030-59573-9.

[6] Czapliński, Władysław; Richter, Dagmar (2019). "Illegal States?". Unrecognised Subjects in International Law. Warsaw: Scholar Publishing House Ltd. p. 44. ISBN 978-83-7383-964-9.

[UNGA-7] "General Assembly adopts resolution reaffirming territorial integrity of Azerbaijan, demanding withdrawal of all Armenian forces". United Nations Department of Public Information. 2008-03-14. Archived from the original on 2009-01-21.

[undocs-8] "The situation in the occupied territories of Azerbaijan". General Assembly Sixty-second session - Official Records. United Nations. 2008-04-14. A/62/PV.86.

[9] "House of Lords Written Answers 5 July 2010". UK parliament. Archived from the original on 2010-10-13. Retrieved 2010-12-08.

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 ==Legal status==
 Most experts<ref>e.g. Higgins (1994) p. 21</ref> consider most General Assembly resolutions to be non-binding. Articles 10 and 14 of the [[United Nations Charter|UN Charter]] refer to General Assembly resolutions as "recommendations"; the recommendatory nature of General Assembly resolutions has repeatedly been stressed by the [[International Court of Justice]].<ref>Sergei A. Voitovich, ''International Economic Organizations in the International Legal Process'', p. 95. Martinus Nijhoff Publishers, 1995. {{ISBN|0-7923-2766-7}}</ref>
+While General Assembly resolutions are not binding on the members, they do reflect their opinion. In that respect, it was also important that the resolution reaffirmed, "[[List of states with limited recognition|no State shall recognize as lawful the situation resulting from the occupation]] of the territories of the Republic of Azerbaijan, nor render aid or assistance in maintaining this situation." Such language is a condemnation of any country actively supporting a movement that does not respect the sovereignty  and territorial integrity of the country.<ref>{{cite book |last1=J. Coyle |first1=James |last2= |first2= |date=2021 |title=Russia's Interventions in Ethnic Conflicts: The Case of Armenia and Azerbaijan |volume= |chapter=Diplomacy Surrounding Frozen Conflict |page=146 |quote= |url= |language=en |location=Switzerland |publisher=[[Palgrave Macmillan]] |isbn=978-3-030-59573-9 |archive-url= |archive-date= }}</ref> Furthermore, previous UN documents, unlike this resolution, did not contain explicit clauses on non-recognition of the occupying regime.<ref>{{cite book |last1=Czapliński |first1= Władysław |last2=Richter |first2= Dagmar|date=2019 |title=Unrecognised Subjects in International Law |volume= |chapter=Illegal States? |page=44 |quote= |url= |language=en |location= Warsaw|publisher=Scholar Publishing House Ltd. |isbn=978-83-7383-964-9 |archive-url= |archive-date= }}</ref>
 == Draft resolution ==

v t e Nagorno-Karabakh conflict
Background	Nagorno-Karabakh History Armenian–Azerbaijani war (1918–1920) Deportation of Azerbaijanis from Armenia Dissolution of the Soviet Union Karabakh movement Miatsum Armenians in Azerbaijan Armenians in Baku Azerbaijanis in Armenia Anti-Armenian sentiment in Azerbaijan Armenia–Azerbaijan relations
First war (1988–1994)	Çardaqlı clash Askeran clash Sumgait pogrom Gugark pogrom Zvartnots Airport clash Shusha and Stepanakert pogroms Kirovabad pogrom Il-76 crash near Leninakan (1988) Baku pogrom Black January Bağanis Ayrum 1990 Tbilisi–Agdam bus bombing Operation Ring Voskepar massacre Battle of Togh 1991 Azerbaijani Mil Mi-8 shootdown Law on Abolishment of Nagorno-Karabakh Autonomous Oblast Siege of Stepanakert Operation Dashalty 1992 Azerbaijani Mil Mi-8 shootdown Capture of Gushchular and Malibeyli Capture of Garadaghly Khojaly massacre Maraga massacre Capture of Shusha Capture of Artsvashen Operation Goranboy Mardakert and Martuni Offensives Operation Həsənqaya Battle of Lachin Operation Qazançı 1993 Azerbaijani coup d'état Battle of Kalbajar Battle of Aghdam 1993 Summer Offensives Operation Geghamasar Operation Horadiz Operation Kalbajar 1994 Baku Metro bombings 1994 Iranian Air Force C-130 shootdown 1994 Bagratashen bombing Refugees in Azerbaijan
Interwar clashes	2008 Mardakert clashes January 2009 Agdam military incident September 2009 Agdam military incident 2010 Nagorno-Karabakh clashes 2010 Mardakert clashes 2012 Armenian–Azerbaijani border clashes 2014 Armenian–Azerbaijani clashes 2014 Armenian Mil Mi-24 shootdown 2016 Odundağ clashes 2016 Nagorno-Karabakh conflict 2017 Nagorno-Karabakh conflict Shelling of Alxanlı 2018 Armenian–Azerbaijani clashes 2019 clash near Chinari July 2020 Armenian–Azerbaijani clashes Incidents Protests in Azerbaijan Reactions
Second war (2020)	Timeline Casualties International reactions Allegations of third-party involvement Madagiz offensive Aras Valley campaign Bombardments (Barda, Ganja, Ghazanchetsots Cathedral, Martuni, Stepanakert, Tartar) Battle of Hadrut Lachin offensive Battle of Shusha Russian Mil Mi-24 shootdown War crimes Treatment of Armenian POWs
Post-ceasefire events	Azerbaijan's construction in gained areas 2020–2021 Armenian protests Chaylaggala and Hin Tagher Border crisis September 2022 escalation Susuzluq Shusha Farukh 2022 Armenian protests Blockade of Nagorno-Karabakh 2023 Azerbaijani offensive Protests in Armenia Flight of Nagorno-Karabakh Armenians Berkadzor fuel depot explosion
Main locations	Administrative divisions of the Republic of Artsakh Stepanakert Askeran Province Hadrut Province Kashatagh Province Martakert Province Martuni Province Shahumyan Province Shushi Province Armenian-occupied territories Aghdam District Fuzuli District Jabrayil District Kalbajar District Lachin District Lachin corridor Qubadli District Zangilan District
Political leaders	Armenia Levon Ter-Petrosyan Robert Kocharyan Serzh Sargsyan Nikol Pashinyan Republic of Artsakh Artur Mkrtchyan Robert Kocharyan Leonard Petrosyan Arkadi Ghukasyan Bako Sahakyan Arayik Harutyunyan Samvel Shahramanyan Azerbaijan Ayaz Mutallibov Abulfaz Elchibey Heydar Aliyev Ilham Aliyev Azerbaijani Community of Nagorno-Karabakh Bayram Safarov Nizami Bahmanov Tural Ganjaliyev Russia Mikhail Gorbachev Boris Yeltsin Vladimir Putin Turkey Turgut Özal Recep Tayyip Erdoğan
Military leaders	Armenia Vazgen Sargsyan Gurgen Dalibaltayan Norat Ter-Grigoryants Jirair Sefilian Tiran Khachatryan Seyran Ohanyan Republic of Artsakh Samvel Babayan Kristapor Ivanyan Arkady Ter-Tadevosyan Monte Melkonian Jalal Harutyunyan Mikael Arzumanyan Azerbaijan Isgandar Hamidov Rahim Gaziyev Surat Huseynov Valeh Barshadly Mais Barkhudarov Hikmat Mirzayev Hikmat Hasanov Russia Viktor Polyanichko Pavel Grachev Rustam Muradov Chechen Republic of Ichkeria Shamil Basayev Afghanistan Gulbuddin Hekmatyar
Peace process	Baker rules Bishkek Protocol Tehran Communiqué Zheleznovodsk Communiqué OSCE Minsk Group Prague Process Madrid Principles 2020 ceasefire agreement 2020–2024 monitoring and peacekeeping Russia OSCE EU EUMCAP Oct–Dec 2022 EUPAT Dec 2022–Jan 2023 EUMA Feb 2023–present 2023 ceasefire agreement
International documents	Astrakhan Declaration Nagorno-Karabakh Declaration NATO Lisbon Summit Declaration OIC Resolution 10/11 OIC Resolution 10/37 PACE Resolution 1416 PACE Resolution 2085 UNGA Resolution 48/114 UNGA Resolution 60/285 UNGA Resolution 62/243 UNSC resolutions 822 853 874 884