Stop Use of Banned Weapons; Secure and Destroy Stocks
Azerbaijan has repeatedly used widely banned cluster munitions in residential areas in Nagorno-Karabakh, Human Rights Watch said today. During an on-site investigation in Nagorno-Karabakh in October 2020, Human Rights Watch documented four incidents in which Azerbaijan used cluster munitions.
Fighting between Azerbaijan and Armenia and the de-facto authorities in Nagorno-Karabakh dramatically escalated on September 27, 2020. Two humanitarian ceasefires brokered by members of the Minsk Group of the Organization for Security and Co-Operation in Europe have failed to halt the fighting. According to authorities from all parties, scores of civilians have been killed or injured in attacks in Armenia, Nagorno-Karabakh, and Azerbaijan.
“The continued use of cluster munitions – particularly in populated areas – shows flagrant disregard for the safety of civilians,” said Stephen Goose, arms division director at Human Rights Watch and chair of the Cluster Munition Coalition. “Cluster munitions should never be used by anyone under any circumstances, much less in cities, due to the foreseeable and unacceptable harm to civilians.”
In the conflict over Nagorno-Karabakh, Human Rights Watch is investigating whether all sides of the conflict adhere to international humanitarian law, which requires armed forces to distinguish between combatants and civilians, and between military objects and civilian objects, at all times. As such, indiscriminate attacks are prohibited, including attacks which employ a method or means of combat which cannot be directed at a specific legitimate military target. Human Rights Watch has made repeated requests to the Azerbaijani government for access to conduct on-site investigations, but access has not yet been granted.
Human Rights Watch examined remnants of the rockets, impacts, and remnants of submunitions that exploded, as well as dud submunitions that failed to function at several locations in Stepanakert, Nagorno-Karabakh’s administrative center, which is called Khankendi in Azerbaijan. Human Rights Watch also examined photographs taken in the town of Hadrut of a rocket, impacts, and remnants of submunitions that exploded, and a dud submunition that failed to explode. Human Rights Watch also spoke to six people who witnessed the attacks. Azerbaijani officials have accused the Armenian side of using cluster munitions in this conflict, but Human Rights Watch has not independently verified those claims.
Residents of Stepanakert told Human Rights Watch that attacks using cluster munitions began on the morning of September 27 in a residential area no more than 200 meters from the office of the International Committee of the Red Cross.
The 2008 Convention on Cluster Munitions comprehensively prohibits cluster munitions and requires their clearance as well as assistance to victims. Armenia and Azerbaijan are not among the treaty’s 110 states parties. Both say that they cannot accede to the treaty until the dispute over Nagorno-Karabakh is resolved. Both should take the necessary steps to join the Convention on Cluster Munitions without delay, Human Rights Watch said.
Regardless of specific treaty obligations, all parties to the conflict are bound by the Geneva Conventions and customary international law and must abide by the fundamental principles of international humanitarian law, which requires armed forces to distinguish between combatants and civilians, and between military objects and civilian objects, at all times. It is also forbidden to carry out indiscriminate attacks or attacks that cause excessive civilian damage to the anticipated concrete military advantage.
“The repeated use of cluster munitions by Azerbaijan should cease immediately as their continued use serves to heighten the danger for civilians for years to come,” Goose said.
Additional information about cluster munitions attacks in Nagorno-Karabakh
Human Rights Watch identified the remnants of Israeli-produced LAR-160 series cluster munition rockets and unexploded M095 dual-purpose submunitions in Stepanakert and Hadrut. Each rocket carries 104 submunitions and each submunition is equipped with a self-destruct mechanism. Azerbaijan received these surface-to-surface rockets and launchers from Israel in 2008–2009. Neither Armenia, nor Nagorno-Karabakh de-facto authorities, are known to stockpile cluster munitions but they possess multi-barrel rocket launchers capable of delivering these weapons.
Human Rights Watch identified the Israeli-produced M095 dual-purpose submunition in each location. When this submunition detonates on impact, it produces lethal pre-formed metal fragments and a jet of molten metal intended to destroy vehicles and materiel. Human Rights Watch observed hundreds of the distinctive impacts of M095 submunitions as well as remnants of the pink-colored nylon stabilization ribbons in three neighborhoods in Stepanakert.
On October 13, Human Rights Watch visited the site where the witness saw and photographed the burning shop at 11:20 p.m. on October 3 and observed the same scorched building visible in the photograph and at least three pink stabilization ribbons a few meters away from the building as well as numerous distinctive impacts consistent with M095 submunitions. Human Rights Watch found remnants of a LAR-160 rocket 10 meters from the building and observed impacts to the roof of the building that were consistent with kinetic damage. According to available satellite imagery, the attack took place between September 27 and October 8. On October 8, the imagery shows damage to the building that is consistent with fire.
In the attack on Hakob Hakobyan Street, the distinctive auditory signature of at least three separate rockets dispersing payloads of submunitions, and their subsequent detonations can be heard in the video of the attack, believed to have been filmed by a vehicle’s dashcam. On October 12, Human Rights Watch visited the site where the video was taken and counted over 100 individual impacts on the same street. Human Rights Watch also observed scores of submunition impacts on immediately adjacent streets and on rooftops of office and residential buildings on several adjacent streets within a 100-meter radius. In a separate visit on October 13, Human Rights Watch found the remnants of a LAR-160 series rocket less than 100 meters from the location the video of the attack was taken. Human Rights Watch observed damage to power lines, children’s playgrounds, vehicles, businesses, homes, the main post office, and the Karabakh Telecom building.
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