Prisoners of war

A central plank of the ceasefire agreement, Article 8, is the exchange of prisoners of war and the bodies of fallen soldiers. It was intended that this process be overseen by the International Committee of the Red Cross (ICRC). It was agreed that the ICRC should receive details of prisoners of war; be able to visit them and monitor their treatment and conditions of detention; and help them to maintain contact with their families.

However, since the end of the war:

• Only some Armenian prisoners of war have been returned.

• There have been no proper search and find operations for missing soldiers except for sole unique cases following the interim measures from ECHR pressuring Azerbaijan to cooperate.

• There is evidence that the Azerbaijani Armed Forces are actively engaged in seizing and retaining both Armenian military and civilians in the Nagorno-Karabakh area.

• There is evidence that crimes are being committed by the Azerbaijani Armed Forces against POWs.

There is an urgent need for the international community to secure the return of all prisoners of war, and to investigate allegations of mistreatment.

Evidence of breaches

On 2 December, Human Rights Watch published findings of POWs being slapped and kicked, being compelled to kiss the Azerbaijani flag and various other humiliating actions. This is in clear contravention of international law, with the third Geneva Convention protecting POWs ‘particularly against acts of violence or intimidation and against insults and public curiosity’.

The Human Rights Ombudsman of Armenia, Arman Tatoyan, has published four reports to date on the treatment of prisoners of war. The fourth report, published in January 2021, confirms numerous cases of inhumane and barbaric treatment of Armenian soldiers and civilians in captivity, including:

• Beating POWs while fallen causing unbearable pain and physical damage

• Humiliating and beating captives to make false statements

• Torturing and killing of hostages

Of particular concern is the evidence of the capture and mistreatment of civilians. After the ceasefire, in November and December 2020, there are documented occurrences of civilian torture in the areas of Nagorno-Karabakh captured by Azerbaijan, including the cutting of ears and hands, and decapitation and other forms of killing.

Torture or inhuman treatment is in violation of:

1. Rome Statute - Article 8(2)(a)(ii) and/or (iii) amd/or (b)(vi);

2. IMT Charter (Nuremberg) - Article 6(b);

3. First Geneva Convention - Article 50;

4. Second Geneva Convention - Article 51;

5. Third Geneva Convention - Article 130, 13, and/or 130;

6. Fourth Geneva Convention - Article 32 and 147;

7. Protocol I to the Geneva Convention - Article 75(2)(a)(ii) and/or (iv);

8. Protocol II to the Geneva Convention - Article 4(2)(a) and (e) and Article 13(2); and/or

9. UN Convention against Torture (UNCAT) - Article 2.

Willful killing of civilians is in violation of:

1. Rome Statute - Article 7(1)(a) and/or Article 8(2)(a)(i);

2. First Geneva Convention - Article 50;

3. Second Geneva Convention - Article 51;

4. Third Geneva Convention - Article 130;

5. Fourth Geneva Convention - Article 147;

6. Protocol I to the Geneva Conventions Article 51(1), (2), and/or (6) and/or Article 75(2)(a)(i) and/or (iv);

7. Protocol II to the Geneva Conventions - Article 4(2)(a) and Article 13(2); and/or

8. UN Convention against Torture (UNCAT) - Article 2.