Illegal
The Recourse to Force to Recover Occupied Territory and the Second Nagorno-Karabakh War
Bibliographic Data
| ID | 12199489 |
|---|---|
| Authors | Tom Ruys (0000-0002-5605-8557, Professor of International Law, Ghent Rolin-Jaequemyns International Law Institute (GRILI), Ghent University, Ghent, Belgium, corresponding author), Felipe Rodríguez Silvestre (Doctoral researcher, Ghent Rolin-Jaequemyns International Law Institute (GRILI), Ghent University, Ghent, Belgium) |
| Year | 2021 |
| Volume | 32 |
| Issue | 4 |
| Pages | 1287-1297 |
| Publication date | 2021-11-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | European Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0938-5428 • E-ISSN: 1464-3596 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/ejil/chab108 |
| OpenAlex | W4206185834 |
| Language | EN |
| Citations received | 3 |
The Second Nagorno-Karabakh War, and its lingering aftermath, have put the fundamental and largely unsettled question of the jus ad bellum in the spotlight: when part of one state’s territory is occupied by another state for a prolonged duration, can the former state have lawful recourse to military force to recover its land? Prior to the 2020 conflict, the Nagorno-Karabakh region was widely regarded as belonging de jure to Azerbaijan, but as being unlawfully occupied – for more than 25 years – by Armenia. Accordingly, was Azerbaijan entitled to claim self-defence to lawfully recover it, even though the pre-2020 territorial status quo in the region had existed for more than a quarter of a century? In addition, could Azerbaijan invoke self-defence again in the near or distant future to recover those remaining parts of territory that continue to be outside of its control now that a new ceasefire is being enforced in the region? The answers to these questions have ramifications that extend far beyond the Caucasus, being of relevance for a wide range of pending conflicts around the globe. Upon closer scrutiny, the present authors believe that a negative answer is in order
Ancient history · Archaeology · Business · Globe · Order (exchange · Political economy · Political science · Politics · Quarter (Canadian coin · Scrutiny · Sociology · Sovereignty · State (computer science · Status quo · Territorial integrity · European and Russian Geopolitical Military Strategies · Healthcare, Law, Governance, and Management Studies · Post-Soviet Geopolitical Dynamics · History · Law
| Citations per year | 0.75 |
|---|---|
| Citation span | 2022 - 2024 (3) |
| Highly cited | No |