The Right of Return for Western Azerbaijanis in the Framework of International Law

The right of return for the Western Azerbaijanis who were forcibly expelled from the territories of the present-day Republic of Armenia is grounded in several fundamental principles and norms of international law. This right not only constitutes the core of universally accepted international human rights instruments but also occupies a significant place in customary international law. While Armenian legal scholars and expert circles may attempt to cast doubt on the right of return of Western Azerbaijanis, international law has unequivocally supported the return of our compatriots, who were forcibly deported from their native lands throughout the 20th century.

The right of return for Western Azerbaijanis is primarily based on the Universal Declaration of Human Rights, adopted by the United Nations in 1948.

Article 13 of the Universal Declaration of Human Rights recognizes everyone’s right to leave their country and return to it. This principle is particularly applicable to individuals who have become refugees due to racial, national, religious discrimination, or conflict. Western Azerbaijanis were forcibly deprived of their permanent places of residence, and their right to return to their homeland is broadly protected by this declaration.

Another important document is the ICCPR—the International Covenant on Civil and Political Rights.

According to Article 12 of this covenant, everyone has the right to return to their own country:

“No one shall be arbitrarily deprived of the right to enter his own country.”

This document was adopted in 1966, and many states, including the former USSR, became parties to it. The Azerbaijanis forcibly expelled from their historical lands during the mid-20th century and in 1988 were citizens of the Armenian SSR. Their forced deportation and the obstacles placed on their return represent a gross violation of this right. Since 1988, the unjustified restriction of the right of Western Azerbaijanis to return to their homeland has continued, but real prospects have emerged after the Second Karabakh War.

The 1951 Geneva Convention on Refugees and its 1967 Protocol also guarantee the right of return for Western Azerbaijanis.

This convention and protocol regulate the forced displacement of people, their refugee status, and their right of return. As the Azerbaijanis expelled from Armenia were forcibly removed from their native lands and persecuted based on their national identity, the provisions of this convention strongly support their right of return. The convention stipulates that refugees have the right to return to their countries voluntarily and in safe conditions. To realize this right, Armenia must reverse its previously executed policy of ethnic cleansing.

Ethnic cleansing is categorized as a crime against humanity under international law. The Rome Statute of the International Criminal Court, to which Armenia is a party, specifies that the forced expulsion and deportation of populations are serious violations of international law. In this sense, the right of return for Azerbaijanis forcibly expelled from Armenia should be supported by the international community, and their safe and dignified return to their homeland must be ensured. Armenia’s international obligations also require this.

As a republic, Armenia has undertaken commitments to protect human rights. Official Yerevan has also signed international conventions regarding the protection of ethnic and religious minorities. Within this framework, it is Armenia’s unquestionable duty to ensure the rights of Azerbaijanis.

It is important to recall that many United Nations documents address the forced displacement of people based on their ethnic and religious affiliations. These documents also defend the right of return for individuals with refugee and internally displaced person (IDP) status. Therefore, the right of Western Azerbaijanis to return to the territory of Armenia is also based on these resolutions.

Taleh SHAHSUVARLY