Negotiations on Nagorno-Karabakh problem come to a standstill. The lack of legal bases and insatiable desire to occupy Nagorno-Karabakh force Azerbaijan to work not in the direction of finding solution to the situation, but on the disruption of process. In a sense Azerbaijan could be understood: when there is no will or skills or arguments there is only last resort remains: to torpedo mediators’ efforts by declarative bellicose statements.
Azerbaijani state agency "AzerTaj”, spread the information that President of Azerbaijan Ilham Aliyev during his session with government stated: "Armenia or notorious Nagorno-Karabakh separatists, or some third force can not unilaterally without participation and agreement of Azerbaijan grant to Nagorno- Karabakh any status. Azerbaijan state and Azerbaijani people will never give to Nagorno-Karabakh any status, that could separate it from Azerbaijan”.
Aliyev’s statements look uncompromising and illiterate. And the matter is not in the fact that Nagorno-Karabakh Republic doesn’t need any "granting” of any status: Nobody has right to cancel the independence proclaimed by the NKR Supreme Soviet (now - the National Assembly) on the basis of the democratic will of entire population. The problem is: Ilham Aliyev presents it in a way to assure the interested readers and listeners in the fact that Karabakh was once a part of Azerbaijan. Meanwhile the assertion is completely untrue and reflects the demagogic techniques of Azerbaijani state propaganda.
Karabakh has never been a part of Azerbaijan Republic
None. Neither Azerbaijan Democratic Republic, which existed from May 1918 to April 1920, nor Azerbaijan SSR especially nor the modern Republic of Azerbaijan.
Actually, the very origin of Azerbaijan Democratic (in the first few months - Muslim) Republic is nonsense in modern history; troops of one country (Turkey) occupied part of the South Caucasus, and then here proclaimed the Azerbaijan Republic immediately announced its territorial claims to all, without exception, neighbors, except, of course Turkey itself. However, the claims don’t indicate the right on these territories. It is also interesting that Azerbaijan Republic was deprived of sovereignty from its parent - Turkey. In this aspect, there is a curious document, Treaty dated October 29th 1919 on a military alliance between Azerbaijan and Turkey, article 10 of the notes B states:
"Azerbaijani government undertakes not to enter any agreement with foreign states without consent and approval of the Ottoman government”.
It is difficult to imagine another similar "interstate” agreement, which so clearly would emphasize the absolute subordination of one "state” to another. But the army of this ally occupied for Azerbaijan vast territory including the historic homeland of Talyshs, Lezgins, Avars etc. In addition Turkish troops established control over significant part of Karabakh: Kubatly, Zangelan, Shamkhor, Getabak and other regions. In partial occupation were also Khanlar, Dashkesan, Mardakert, Kazakh regions of Karabakh. Soon, however, Turkish troops were forced to solve their problems in the Western Turkey, and people rising against the Turkish tyranny managed to release the substantial territory of their homeland. Azerbaijan Republic existing less than two years was on the verge of extinction and under these conditions had to invite the Bolshevik Russian Army. On April 28th, 1920 the subdivisions of XIth Red Army entered Baku; it’s not only saved Azerbaijan Republic, but also again re-awakened its annexation appetite.
Bolsheviks generously rewarded Azerbaijan, conquering for it Talysh-Mughan Republic; then later party organ decided to transfer occupied by XIth Red Army Karabakh within the limits of Azerbaijan SSR. This decision, however, didn’t mean that Karabakh became a part of Azerbaijan SSR. Not only illegal solution taken by the party organ of Russia; although this fact is essential to use on any negotiations. The point is in the nation-state system of the USSR, where proved to be Azerbaijan, Armenia, and Armenian autonomy of Karabakh.
Same as Azerbaijan Democratic Republic, Azerbaijan SSR did not have the national sovereignty, classified by the international law as territorial supremacy and the exclusive legislative, executive and judicial power of state in its territory. Strictly speaking, there was no such state - Azerbaijan SSR. The area under this name appeared only as a part of the state named Soviet Union. Modern territorial ambitions of Azerbaijan Republic based solely on the fact that in Soviet time the Armenian Karabakh autonomy was within the limits of Azerbaijan SSR. It was not a part of Azerbaijan SSR, it was within its limits.
This assertion is not casuistry; it reflects the special features of Soviet legislation. Thus, NKAO, same as Azerbaijan SSR, delegated the part of its power not to Baku, namely the USSR, but independently through selected there Deputies to the Supreme Soviet, to represent its national interests in the highest legislative body of the USSR.
In accordance with the Constitution of USSR, the NKAO prosecutor was appointed by the Attorney General of the USSR, which meant that the state supervision in Karabakh Armenian autonomy implemented the Soviet Union.
Karabakh residents’ passports indicated the citizenship of the USSR, there was no other state indication, Armenian autonomy young men served in the army of USSR, rather than in a special unit.
We recognize the fact that during the Soviet years Azerbaijan Republic usurped power in the Karabakh Armenian autonomy, illegally interfering in its political and social life, attempted to influence its ethnic and social development; however, it doesn’t change the essence of the problem. Illegal invasion into the inner life of a national state structure can not become a basis for the subsequent claims on this territory. Especially from the side of republic, deprived signs of sovereignty.
Strictly speaking, until 1992 sovereign Azerbaijan Republic was not recognized at all by the international community, its illegal unlawful declare took place on August 30th, 1991. And once again it’s necessary to note that the conception of Azerbaijan Republic took place in spite of Soviet legislation and international law. Suffice it to point that the proclamation of new state structure happened without considering the opinion of its population, i.e., without the national referendum. Moreover, four and a half month earlier, in Azerbaijan SSR was held referendum, according to results of it the overwhelming majority voted for the preservation of USSR and their interposition within. Same state that once saved never recognized by the international community Azerbaijan republic from the complete destruction.
However, these problems of the modern Azerbaijan Republic concern citizens of Nagorno-Karabakh Republic not more than the history of the, for example, collapsing Somali State. It’s quite different, when the President of annexation state structure who usurped authority in "his” Republic almost every week threatens Nagorno-Karabakh Republic by the military invasion and reusurpation…and drags whole region into an explosive arms race.
No doubts, it’s possible (may be even worthwhile) to refuse to negotiate with Azerbaijan and to provide Ilham Aliyev the opportunity to attempt to realize his territorial ambitions. I am convinced that in this case, after not a very long time at the negotiating table will be leaders of two states: Nagorno-Karabakh Republic and Azerbaijan Republic, if the remnants of the second will succeed to preserve it as state. At the same time, would be more preferably to war with the legal leader even of illegal state structure.
The President of Azerbaijan Republic, Ilham Heydar oglu Aliyev, on August 4th, 2003 forged the signature of his father dying in coma, and through the criminal falsification of state documents, appointed himself to the post of Prime Minister and acting President of the Azerbaijan Republic. Do they know about it in Azerbaijan Republic, where Ilham Aliyev usurped the power? Do the cochairmen country of OSCE Minsk Group aware of this blasphemous fraud? Does this person have moral and juridical right to declare war and cause untold hardships to the Republic where he illegally usurped power? Finally, what competent authority in Azerbaijan or entire world is able to require handwriting analysis of the Decree on the appointment of Ilham Aliyev to the post of Prime Minister and acting President of Azerbaijan Republic? Or this problem also should be solved by the soldiers of the Nagorno-Karabakh Defensive Army? If, of course, Azerbaijan and its illegitimate President won’t dare on collective suicide.