Category: Law

Looking in From the Outside: The Arab-Israeli Conflict, an article by David Garyan

12/05/2021
Ravenna, Italy

 

Looking in From the Outside: The Arab-Israeli Conflict

For a sensible person, aware of history’s complexities, it should not be difficult to feel sympathy for the plight of the Jewish people; aside from the well-known atrocities committed against them during WWII, the more “obscure” cruelties, such as those perpetrated by the Russian Empire, for example, in the late nineteenth and early twentieth centuries, are mostly topics for academics; in other words, everyone knows places like Auschwitz or even Dachau, but rarely do you ever hear about the Odessa pogroms, which, starting in 1821, occurred on average every twenty years or so until 1905.

In addition, the historical persecution of Jews, which, according to some scholars can not only be traced back to a place in antiquity, the Roman Empire, but also be given a specific date, 38 CE—the advent of the Alexandrian riots, which began under Emperor Caligula when he sent the King of Judea, Herod Agrippa, unannounced to Alexandria, something that angered the Greeks, causing riots to break out. Subsequently, the more brutal 66 CE riots of Alexandria reveal a continuation of tensions between Jewish inhabitants and their neighbors. A primary account by the historian Josephus describes the following: “The Romans showed no mercy to the infants, had no regard for the aged, and went on in the slaughter of persons of every age, until all the place was overflowed with blood, and 50,000 Jews lay dead. And the remainder would have perished as well, had they not put themselves at the mercy of city’s governor, Tiberius Julius Alexander. He felt pity and gave orders to the legionaries to retire.” A gruesome picture and it only gets worse four years later, when Emperor Titus together with that very same governor, Alexander, at his command, go on to capture the city of Jerusalem, totally razing both the city and its Temple (indeed, this is that destruction which many Jews to this day view as the ultimate catastrophe for their people because, for one, unlike the first time under Nebuchadnezzar II, it was never rebuilt, and secondly, in many ways, the Jews once again became an “exiled” people).

Throughout the Middle Ages, things don’t change much for the better. Jewish communities are blamed for the Black Death, accused of witchcraft or poisoning wells, and many innocent people are killed as a result in massacres such as those which occurred in the German city of Erfurt in 1349.

Indeed, right down from antiquity, the Jews have not had the most pleasant historical legacy, and this by any stretch of the imagination. Consequently, the curious question we must ask ourselves, hence, is the following: Why do Jewish authorities in Israel now subject Palestinians to experiences which aren’t radically different from the ones they themselves suffered living under the Roman Empire, and later all across Europe? With poverty rates as high as eighty-five percent in some Palestinian areas, the conditions depicted below not only rival but exceed those of the historical Jewish ghettos.

After the 2007 Battle of Gaza, the narrow stretch of territory with access to the sea, bordering Egypt’s Sinai peninsula, fell under the control of Hamas, which can be considered the more “militant” wing seeking Palestine’s liberation, and things have not improved one way or another; the problem is that, precisely, in some ways, it may not really matter who ultimately governs Gaza—saints or sinners, for lack of better words; the area, although under de facto Palestinian control, remains utterly dependent on Israel. According to a recent article in Al Jazeera, Gaza “relies on Israel for most of its energy needs. Its population of two million currently receives about six hours of electricity followed by a 10-hour power cut.” In addition to this, Israel has exacerbated the situation by closing “its lone commercial crossing with Gaza and banned sea access, shutting down commercial fishing.” Routine actions like this are naturally a response to Hamas’s occasional escalations of violence; these phenomena, however, can likewise be interpreted as a reaction to the frustration of living under Israeli occupation, and it would be rather hard to believe that the only thing Hamas really wants to do is harm innocent Jewish civilians.

Aside from electricity, water sanitation is another major problem. As with electricity, Palestinian water resources are largely controlled by Israel, and, according to a report published in 2017 by the Rand Corporation, “a five-year-old boy died in the Gaza Strip after swimming in seawater polluted with sewage.” Further, the report states that incidents like this, unfortunately, are more common than we want to believe. While the West Bank certainly fares much better in terms of the aforementioned issue, “less than 11 percent of Gaza’s population had access to safe drinking water through the public network,” according to the same report. In addition, the highly-prized Area C of the West Bank, where, according to the UN, Israel retains near exclusive control,” is precisely the place in which most of the “West Bank’s natural resources and open spaces, including the sparsely populated Jordan Valley, are located,” according to a National News article. And yet, according to a 2013 World Bank report, less than “one percent of Area C, which is already built up, is designated by the Israeli authorities for Palestinian use; the remainder is heavily restricted or off-limits to Palestinians, with 68 percent reserved for Israeli settlements, 21 percent for closed military zones, and 9 percent for nature reserves.” Having access to Area C, hence, would perhaps not cure all of Palestine’s economic woes, but it could “expand their struggling economy by a third and halve their budget deficit if Israel allowed them to use the 61 per cent of West Bank territory that is now largely off-limits.” The image below from Gaza summarizes the entire situation quite well.

It can thus be said that the majority of Palestinians living in Gaza and some of those in the West Bank as well have nothing but poisonous water to draw from their wells, literally and metaphorically speaking; this is unacceptable and regardless of which position we may choose to take in this conflict, the dignity of people must be protected, but this is merely the humble opinion of a human rights student.

Being Armenian, I sympathize greatly with Palestine, mainly because of Jerusalem, which, as many know, is divided into four quarters: Jewish, Christian, Armenian, and Muslim (listed in no particular order of preference); appropriately, then, we can say that the city is neither Jewish, nor Christian, nor Armenian, nor Muslim, but it’s all of those things at the same time. In this respect, the easiest way for Christians, let’s say, to best feel the plight of Palestinian people is to be told that Jerusalem is entirely Jewish in character and has no connection to Christianity whatsoever. Just for a second, take a look at this photo—it depicts the Church of Holy Sepulchre in Jerusalem, and it has stood there since approximately 335 CE; this, however, isn’t the most fascinating part. In the most unexpected fashion, the main caretakers and guardians of this church, for over a thousand years, have been the Nusseibehs—an aristocratic family of neither Christian, nor Jewish origin, but, followers of Islam, capable of tracing their roots back to Jerusalem more than 1,300 years, all the way to the prophet Muhammad, that is. As you may have noticed by now, Jerusalem is complex, and it belongs to everyone who has a genuine claim.

It’s infuriating, hence, to hear Israel tell not only Palestinians but also the entire world exactly the opposite—indirectly for years and now overtly with the 2018 Nation State Law, that Israel is a country “that is different from all others in one way, that it is the nation-state of the Jewish people.” And yet, even the most ignorant simpleton strolling through Jerusalem’s Armenian or Muslim quarter will somehow sense that Israel isn’t just the nation-state of the Jewish people. For thousands of years, different people have inhabited the Holy Land—some are still there while others are gone—and telling Palestinians that Israel is a Jewish state is precisely like telling me, an Armenian, for example, that I have absolutely no connection to Jerusalem, even though there’s a quarter there. A well-written Reuters article from ten or so years ago describes how with gradual measures such as refusal of identity cards and withdrawal of residence rights, Israel is slowly trying to edge out its Armenian presence as well.

The 1980 Jerusalem Law, which is nothing but a covert guise for East Jerusalem’s annexation—utterly and totally unrecognized by the UN—is an ideology that not just politicians hold in high regard. Initially-innocent-looking, well-meaning, but really rather ridiculous articles such as this one from 1975, by what must’ve been, and probably still is (if alive) a disgruntled rabbi by the name of Yakov Goldman have attempted to use words instead of missiles or rather a missile of words to achieve their political objectives.

Ah, fascinating! Indeed, quite fascinating, Rabbi Goldman. So, you’re telling me that if other people live in the Armenian Quarter and we call it the Armenian Quarter that, somehow, is a travesty? Well, if that’s the case, why don’t we go ahead and stop calling Jerusalem a Jewish city, and, while we’re at it, let’s also stop pretending that Israel is a Jewish state, because, clearly, the Palestinians have and continue to live there, and if, by God Almighty, it has to have a name, as you’ve so correctly pointed out, let’s find a different moniker for your state—isn’t that a more wonderful suggestion? I think so.

Both the American historian David Howard-Pitney and US President Barack Obama (two figures whose level of fame is diametrically opposed—nothing we should hold against one or the other) believe that history is a burden. “For both of them,” according to Jennifer Mercieca and Justin S. Vaughn, authors of The Rhetoric of Heroic Expectations, “it was as much a burden foisted upon them by tradition as one taken up by choice. And for both of them, this burden inspired action. Whether it is the divine history of the Exodus or the divinized history of the Founders, the memory of the past functions as a goad to social action, a profound investment of political agency.” History, in this sense, has been precisely that burden for both the Israelis and Palestinians; for the former, the Holocaust was and continues to be viewed as a great tragedy and yet it was exactly this event which at once and finally convinced later Zionists of the key tenet in Herzl’s philosophy—that anti-Semitism will always exist and, thus, the only resolution is a Jewish state, which was eventually formed.

For Palestinians—a people fortunate enough never to have experienced the horrors equivalent to such destruction—the burden of history has paradoxically been far less kind than it has to the Jewish people; as of today, they’re individuals of a nation without a state living under the occupation of a nation who for the longest time didn’t have a state themselves, but were forced to create one precisely on those territories which the current people without a state had historically inhabited, and the reason for the creation of this state had to do with the persistent historical persecution of those people who had lacked statehood before but are now inhabiting precisely those territories on which the current people without a state feel they have a right to establish their own.

It’s all very complex and the history isn’t something that will be dealt with here, but what isn’t complicated at all is something I’ve not only hinted at but have said directly: Human beings deserve to be treated with dignity and respect and Israel, being the occupying power, has largely not lived up to those ideals. Problems largely stem from Israel’s aggressive expansionist and annexation policies, most of which, if not all, are considered illegal under international law. To be fair, as part of the peace plan with Egypt in 1979, along with agreements in the 1993 Oslo Accords, Israel did dismantle many of the settlements in Palestinian territories, but since then, it has largely continued its previous modus operandi of encroaching on lands which aren’t meant for them. When Israel annexed the Golan Heights (territory internationally recognized as part of Syria) only two years later, along with Trump’s subsequent recognition of that annexation in 2019, it was under the guise of providing a safety buffer for its actual borders, but, in reality, such encroachments are merely strategies to give Israel a more Jewish character; tactics like this may seem appealing in the short-run, but given that no nation state is really composed of one homogenous population, the subjugation and repression of minority voices is always bound to backfire, and, indeed it has.

Not only have the decisions of Israel and Trump led to an escalation in the conflict, but they have also seriously crippled whatever diplomatic channels may have existed in helping to foster dialogue between Palestinians and Israelis. Trump’s recognition of Jerusalem as the capital of Israel in 2017 has formally brought an end to what was achieved during the Oslo Accords in 1993—the PLO’s recognition of Israel and its right to exist, along with Israel’s recognition of the PLO as the sole voice of the Palestinian people. Since those most recent events two and four years ago, respectively, the PLO has withdrawn its recognition of Israel and cut ties with the US; in addition, Palestine threatens to sever relations with all those nations which move their embassies to Jerusalem, a move which could potentially further isolate Palestine, as some US allies will invariably choose to go ahead anyways.

Most news outlets, naturally, portray the conflict with broad brushstrokes—Palestinian “terrorists” launch rockets from Gaza and Israeli “forces” defend against this “aggression.” No subtlety, little historical awareness, and even less understanding, in many ways, also of current events—strangely. For some odd reason or other, no one is really quick to point out that Netanyahu’s constant, and, more unfortunately, blatant disregard of international law is a type of terrorism—indeed, there are no guns or rockets fired, but people’s lives are uprooted and metaphorically disfigured forever. Why should Palestinian residents freely give up their homes to illegal Jewish settlers in Sheikh Jarrah, for example? In addition, the (not) good PM’s pledge to annex all Jewish settlements in occupied Palestinian territories have led a major Jewish newspaper to label him the “undertaker of the two-state solution.”

It’s no secret that this so-called funeral director for all non-Israeli ambitions has repeatedly stated, according to The Guardian, that no Palestinian state will ever come into existence so long as he’s in power; this, ladies and gentlemen, is terrorism in its most white-collar form, and yet the only thing that most major credible news outlets besides Al Jazeera choose to focus on are the horrible actions of perhaps some frustrated Palestinian “terrorists” in Gaza who’ve somehow managed to get a rocket past Israel’s incredibly sophisticated air defense system (the notorious Iron Dome in service since 2011); when the rockets, however, start flying the other way—to a place which cannot shoot down 90 percent of trajectories coming their way, it’s all for the sake of defending the state, all because Palestinians simply don’t have one, and, thus, have nothing worth defending.

In response to a friend’s despair that General Burgoyne had been defeated at Saratoga, which effectively brought about the end of British ambitions in Colonial America, Adam Smith said the following: “Be assured, young friend, that there is a great deal of ruin in a nation.” The quote has been interpreted in a number of ways—from strong countries can cope with poor policies to it takes a whole lot of work (in this case bungling) for political leaders to bring down a country which is prosperous and powerful. Despite what Smith may or may not have meant, I prefer the following interpretation: For a new nation to rise, it must first be ruined in order to be truly born anew. It’s hard to deny that Israel has done anything but bring Palestine to that brink. If Palestinians can hang on long enough, I truly believe that like all people who’ve ever wanted to be free, they may not get everything they wanted, but they will eventually find their freedom.

 

About David Garyan

David Garyan has published three chapbooks with Main Street Rag, along with (DISS)INFORMATION, a full collection with the same publisher. He holds an MA and MFA from Cal State Long Beach, where he associated himself with the Stand Up Poets. He is currently studying International Cooperation on Human Rights and Intercultural Heritage at the University of Bologna. He lives in Ravenna.

“¿Qué queremos?” Por un cambio de constitución para Chile [*], por Lic. Juan José Scorzelli

“¿QUÉ QUEREMOS?”

POR UN CAMBIO DE CONSTITUCIÓN PARA CHILE [*]

“No podemos solucionar nuestros problemas con las mismas líneas

de pensamiento que usamos cuando los creamos” A. Einstein

En la ciencia hay cortes epistemológicos, cambios de paradigma, donde el mundo que conocíamos cambia, y cambia porque lo pensamos de otra manera. Nuevas ideas en el pueblo chileno impulsaron las revueltas contra un paradigma ya acabado, el paradigma dictatorial, el antiguo régimen pinochetista. Hubo uno que gobernó toda la región, el de los  golpes de estado, que sigue vivo hasta ahora, aunque se disfrace de lawfare: la imposición, en última instancia,  de un modelo económico capitalista neoliberal, a través de la judicialización de la política.

Elaborar una nueva Constitución es también pensar con qué modelo se va hacia ello. En general, no hemos podido salir de la concepción cartesiana de la realidad (partes extras partes de la res extensa), allí donde solo podemos pensar al sujeto como individuo separado del otro, en una articulación de vecindad, pero también de choque. La ciencia ha dado un paso, pudiendo pensar mediante la dualidad onda-partícula, que la materia no solo funciona como corpúsculo, sino también como onda que se entremezcla. El modelo newtoniano seguirá sirviendo para algunas realidades del espacio tridimensional pero no para pensar realidades más complejas.

Chile no está solo, no es un corpúsculo, sino que está mezclado, entremezclado indiscerniblemente con toda la realidad latinoamericana y la del mundo, por ello, no es posible pensar Chile sin Latinoamérica. El espíritu de lo nuevo, que nunca es absoluto, sino que se basa en mucho de lo ya realizado, tendrá que pensar al sujeto y especialmente al sujeto país, si pudiéramos decirlo así, de una nueva forma, una forma no individualista, una forma ‘inmixturada de Otredad’ (1) de un Otro que alberga, por ejemplo, las históricas luchas emancipatorias latinoamericanas. Una Constitución que pueda ser base, fundamento de otras por venir.

Nuestra concepción de la realidad basada a veces en un realismo ingenuo, supuestamente dependiente de los hechos, no es más que una ilusión inductivista que tapona, sutura, que en el principio está la idea, y es  en esas ideas, donde puede filtrarse -si no tenemos claro el modelo que las rige- lo que empañará todo tipo de concepción aparentemente novedosa volviéndola ‘más de lo mismo’. El aristotelismo reinante, donde primero está la física y luego la metafísica, podría extraviar nuestra posición certera a la hora de redactar, como es el caso, una nueva Carta Magna. Es la idea del sujeto, que no abandona su amarre en el individualismo más feroz, lo que porta un peligro para toda novedad que se inaugure. Ni el sol gira alrededor de la tierra, ni la tierra alrededor del sol en el centro, es la elipsis de Kepler la novedad, donde en el centro no hay nada. Dejar vacío el centro deja lugar para una dialéctica que no gira alrededor de nada en particular, sino que todos sus elementos, articulados en bucles con otros, no valen nada en sí mismos, sino por los demás.

La filosofía que sostiene a una dictadura es cerrada, absoluta, parmenídea, las cosas ‘son como son’; es conservadora y siempre mira al pasado. Lo nuevo no se ata al pasado, no lo mantiene más de lo necesario, y busca la invención, el porvenir, la creación. Concebir un sujeto nuevo para la nueva Constitución, es pensarlo formal, abstracto, fuera de la biopolítica, de las esencias, del racismo que dice qué es lo humano y qué no. Finalmente, el problema del ser. El sujeto así concebido, efecto del lenguaje y del deseo del Otro, sitúa sus coordenadas en un contexto histórico y cultural determinado y no como un ser único, individual, desamarrado de toda Otredad.

¡Viva Chile! Lo mejor para su Constitución, que será también la Constitución de todos. Ojalá! Así lo deseamos.

Lic. Juan José Scorzelli

Psicoanalista.

______________________________________________________________________

*Texto presentado en ocasión de la invitación a participar del Proyecto Arde.Chile 2 (Escritores de Chile en Acción, liderado por el escritor y poeta chileno Tamym Maulén), para ser incluido en el “Gran libro colectivo” que será entregado “a cada uno de los 155 constituyentes que serán electos los días 15 y 16 de mayo”, convocados para la redacción de una nueva Constitución.

1.Expresión utilizada por Alfredo Eidelsztein con relación al título de la  Conferencia de Baltimore (1966), “Of Structure as an Immixing of an Otherness Prerequisite to Any Subject Whatever”, presentada por Jacques Lacan en 1966.

 

Biografía

Lic. Juan José Scorzelli

Psicoanalista

Miembro de APOLa Internacional (Apertura para Otro Lacan)

Fundador de la Asociación de Psicoanálisis S. Freud en Paraguay.

Ex Adherente de la Escuela de Orientación Lacaniana de Argentina (EOL).

Coordinador de Grupos de Estudio sobre psicoanálisis en Buenos Aires y en Asunción del Paraguay.

juan.j.scorzelli@gmail.com

https://www.facebook.com/Lacanos-Asunci%C3%B3n-106351344447063

 

 

“By this I mean the sorts of justifications that have been offered throughout the Anglophone world, commencing in th...

Why Armenia Can’t Survive Without Artsakh, an article by David Garyan

09/10/2020
Ravenna, Italy

 

Why Armenia Can’t Survive Without Artsakh

In 2011, my cousin, Ashkhen Arakelyan, who lives in Armenia, visited Ankara, Turkey to participate in a chemistry and mathematics olympiad. At the young age of 26, she’s already the mother of three boys, and although it seems like parenting is all she was destined for, Ashkhen is actually a very smart individual. For her academic achievements she was recognized by the former president, Serzh Sargsyan himself. In the end, and for our purposes, it really doesn’t matter what prize she won at the olympiad or that she got to shake the hand of the most powerful man in Armenia at the time—what matters is the thing she witnessed during her journey almost ten years ago. Walking into one of the rooms where the competition was being held, she saw this “map” hanging on a wall—go on, take all the time you need; it shouldn’t take long, however, to realize that this isn’t really a map but an ambition, an ideology, a dream, even.


(Photo by Ashkhen Arakelyan)

Images like this are rarely circulated outside Turkey proper—and for good reason. If you’ve ever heard of the word “pan-Turkism,” you’ll probably understand the meaning of this cartography—you’ll understand why the tiny nation of Armenia is nowhere to be found in between the two aforementioned countries and why Artsakh is depicted with the colors of Azerbaijan’s flag—it is after all recognized as a part of that country’s territory by international law; it’s a strange thing, however—this so-called international law. What power does it have anyways when Turkey has illegally occupied Northern Cyprus since 1974 and that very same international community which tries to do Azerbaijan justice has been unable to punish Turkey for the very thing that Azeris have accused Armenians of doing—occupying their territory; that’s another point, however. Turks have a right to protect Turkish-speakers in Cyprus, but Armenians can’t use the same justification to protect their own in Azerbaijan simply because the “brotherly” countries have already committed a genocide against us more than a hundred years ago and they won’t do it again. Thus, we should simply return all of Artsakh to a country which has already been complicit in trying to cleanse our populace and happily receive the highest autonomy they’re willing to give us in exchange, along with accepting the promise that they’ll protect our people—if you believe that, I have four words for you: Talysh-Mughan Autonomous Republic.

The Talysh people are an Iranian ethnic group who are indigenous to a region that’s shared between Azerbaijan and Iran, a territory spanning the South Caucasus and the southwestern shore of the Caspian Sea. They have their own language (called Talysh), and it’s one of the Northwestern Iranian languages. While this is all good and interesting, the problem was that in 1993, the Talysh decided they wanted to be independent—so they seized some territory in the southeast and formed their own state—which lasted a grand total of 66 days; this is the flag of their long-lived republic. Nice, isn’t it?

All jokes aside, however, the plight of the Talysh proves that Azerbaijan can’t be trusted with protecting the minority rights of Armenians—a Christian people their own children are taught to despise in grade school. If they couldn’t protect the rights of a Muslim minority—the Talysh—they surely won’t protect those of Armenians; this fact is even harder to deny for the very simple reason that an Azerbaijani historian by the name of Arif Yunusov has himself revealed that school textbooks describe Armenians with slurs such as “bandits” and “aggressors.” In Russian he writes: “В дальнейших разделах учебника авторы все больше и больше внимание уделяют армянам, которые и начинают восприниматься как ‘главные неверные в черных одеяниях.’ При этом, в отношении армян также используются все возможные негативные эпитеты (‘бандиты,’ ‘агрессоры,’ ‘коварные,’ ‘лицемерные’ и т.д.). Именно ‘коварные’ армяне помогли России в покорении Азербайджана, именно в результате ‘восстания армянских бандитов’ в Карабахе в 1920 г. основные силы азербайджанской армии оказались оттянуты от северных границ, чем воспользовалась 11-ая Красная Армия и вторглась в Азербайджан. Таким образом, ‘неверные в черных одеяниях вновь сделали свое черное дело.'” And so on and so on, tovarish.

With my more or less functional Russian, I’ve translated Yunusov’s statement in this way, but you’re more than welcome to copy and paste the text into Google: “In subsequent sections of the textbook, more and more attention is devoted to the Armenians, who are perceived as ‘the main traitors in black robes.’ In this respect, all the possible slurs (bandits, aggressors, insidious, hypocritical, and so on and so on) are also used in relation to Armenians. It was the insidious Armenians who helped Russia conquer Azerbaijan; it was due to the ‘uprising of Armenian bandits’ in Karabakh in 1920 that the main forces of the Azerbaijani army were pulled from the northern borders, which made possible the Red Army’s invasion of Azerbaijan.” Can the citizens of a country who go through such a school system possibly protect the rights of Armenians? This is a country in which hate against the Armenians isn’t just a fact, but an institution.

Moreover, according to Akram Aylisli, an Azerbaijani author and the first Turkic writer to publish a story on the Armenian Genocide, “The word ‘Armenian’ is a terrible curse in Azerbaijan, akin to a ‘Jew’ or ‘Nigger’ in other places. As soon as you hear ‘you behave like an Armenian!’ — ‘No, it’s you, who is Armenian!’ — that is a sure recipe for a brawl. The word ‘Armenian’ is equivalent to ‘enemy’ in the most deep and archaic sense of the word, something like ‘Tatar’ for our Russian forefathers, an evil and an age-old enemy.” Well, it’s good to know all that the next time I travel there. Wait a minute—with the “yan” at the end of my name (a dead giveaway of my ethnicity), I don’t think they’ll let me in anyways.

Although there’s really no time for any asides here, I must take a moment to acknowledge the contributions of Akram Aylisli. A highly decorated author in his native Azerbaijan, Aylisli was awarded the most prestigious honors that President Aliyev could bestow upon a writer; after publishing Stone Dreams, however, a novella about the Sumgait and Baku pogroms, the People’s Writer award so generously presented to him was revoked by the very same president who had conferred it; but the state didn’t stop there—his wife and son were fired from their jobs and he endured countless instances of harassment.

I’ve stated many times before that it’s always the artists who make real changes, rarely the politicians. As Thomas De Waal, an expert on the region and author of the book, Black Garden, writes, “With the dispute still unresolved, it is too much to ask to have the leaders acknowledge their own side’s guilt for these episodes—as a Serbian president finally did in 2013 for the 1995 Srebrenica massacre. But both Aliyev and Pashinyan are actively obstructing conflict resolution by recycling conspiracy theories.” Indeed, this is also true for everyday people. For the Armenians all that matters is the pogrom of Sumgait, and for the Azeris they only remember the massacre of Khojaly.

Despite the existential danger Armenians face in Artsakh, international law has largely remained oblivious to the plight of minorities in general. The fact that bona fide independence is no longer so easy to win as it was before has something to do with the changing norms and attitudes about self-determination. According to Neil MacFarlane’s book, Western Engagement in the Caucasus and Central Asia, the international community, in the modern day, prefers to protect minority rights within the borders of existing states: “For better or worse, the West is committed to the attempt to address problems relating to minority rights within the context of acceptance of the sovereignty and territorial integrity of the new states.” What does this signify? Well, that self-determination today has come to mean protecting the rights of persecuted individuals within the territory of an existing state, rather than compromising territorial integrity to safeguard the population—even a child can tell this formula is a little ridiculous. If the people are persecuted it’s because the dominant group hates them, so why would you expect the territorial borders (which are inherently there to secure the majority from invasion by foreign powers) of that country to protect a minority population residing precisely within the very boundaries of a nation that considers them “foreign” to itself?

As with almost everything in international law, however, which, after almost fifty years, hasn’t managed to kick Turkey out of Cyprus or prevented a single genocide, nothing really makes any sense, and this is just another reason why Oded Haklai writes the following in his own academic article—the title of which is much too long: “Thus, whereas self-determination provided the premise for the formation of new states on territories ruled by empires and colonial powers, in the contemporary statist world, the principle of territorial integrity checks the capacity of minorities within existing states to win independent statehood.” Again, all that’s good and well in the context of international law, but theory often conflicts with the facts on the ground. It has already been shown that Azerbaijan is more or less incapable of protecting minority rights, and should the Armenians of Artsakh give up their ancestral homeland in exchange for the highest autonomy, it’s almost certain that within a short time, Azerbaijan will “find” some excuse to intervene in the territory—any reason will do here, but let’s try this one: The Armenians are acting up, and in the interest of the state we must quash their “rebellion” which is threatening the existence of Azerbaijan; shortly thereafter, the government will “encourage” Azeris to settle the area and that will be all she wrote for the “autonomy” that an authoritarian state had so generously bestowed upon Artsakh Armenians. It’s not like Artsakh has the privilege of being Basque Country or Catalonia—autonomous states within a peaceful, democratic country, allowing them to be (relatively) sure that Spain will keep on respecting their rights, should they never attain independence.

No, especially after the murder of Gurgen Margaryan in Hungary by an Azeri officer whose name I won’t pronounce (my article on this), it’s especially evident that Armenia can’t settle for anything but full recognition, no matter how much that demand goes against the norms of modern international law. Why should Kosovo be allowed to secede and not Artsakh? In this sense, the international community is picking and choosing. Territorial integrity for Ukraine, independence for Kosovo, territorial integrity for Azerbaijan, and so on and so on. Perhaps, the Armenians of Artsakh could accept a deal in which they agreed to return everything in exchange for the highest autonomy possible—were it not for this map. Look at it again and tell me if we can really do that?

The image above will show you precisely what the ambitions of those two “brotherly” countries are; it will show you that Armenia is the last obstacle between the existence of an entire nation and the “fraternal” desire to revive the Ottoman Empire. Where is Armenia? If you don’t see it, you’re not alone, because in the eyes of Erdogan and Aliyev, it doesn’t exist. Who cares, however, what two dictators think? According to the Armenian Community Council of the UK, “Armenia is the only country remaining from 3,000 year old maps of Anatolia,” and even though two dictators would like to change that, they won’t wipe away our borders. They can’t achieve their goal unless Artsakh falls and they know this very well.

Take a look at the more modern cartography which depicts Armenia’s territorial boundaries precisely according to international law. On the left, you have the exclave of Nakhichevan (belonging to Azerbaijan) and on the right you have Azerbaijan itself; the tiny strip of land that separates the two is called Zangezur and it’s not difficult to imagine where the offensive to swallow up Armenia would begin if Artsakh were to fall. Look at this map and tell me how long Armenia can survive without holding on to the territory that neither exists in the eyes of international law, nor in the minds of Erdogan and Aliyev?

This is no longer a war about territorial integrity; contrary to their claims and assertions about international law, it’s never been about that. Why does the enemy need to recruit Syrian jihadists to fight for them (a fact which can no longer be disputed) if this is a war for their own righteous goal of territorial integrity? Do they really want to win it with the help of terrorists? And if this is really just a war for that aforementioned goal and nothing else, why bomb a nineteenth century church that’s situated in a place where no military or even civilian targets are in the immediate vicinity? This is the cathedral in Shushi before it was shelled. Do you see anything worth targeting around it?

Of course, Azerbaijan’s Defense Ministry has denied singling out the religious site, saying its army “doesn’t target historical, cultural and, especially, religious buildings and monuments,” but if that’s the case, what exactly were they aiming at and how did they miss it so badly?

Many often wonder why Armenians are so “hysterical.” They don’t understand why we amplify our grief beyond reason. They can’t grasp why we subject ourselves to suffering more than we should. It’s because very few people really understand our history. Almost no one notices the precarious position we find ourselves in, surrounded by rocks upon rocks, which are harmless, and two hostile powers with whom both our borders are closed.

One of the most important American novelists of the twentieth century, William Saroyan, wrote the following in a short story called “The Armenian and the Armenian,” published in his second book, Inhale and Exhale in 1936:

Saroyan was wrong, however. He died in 1981 and didn’t live to see Artsakh return to Armenia; Artsakh is Armenia—it can only be this way if we’re to survive as a nation. I know this statement will offend some people. I know that as someone studying human rights, I must be objective. I must protect the lives of all individuals. In my eyes, a persecuted Azeri must be no different than an Armenian in the same circumstance, and I’ll always believe in that; however, the loss of this territory doesn’t threaten the very existence of Azerbaijan, whereas Armenia’s survival depends entirely on holding it.

Many individuals I study with are afraid of speaking out—afraid of offending anyone, but that’s precisely what human rights work will require of us. If you can’t stand to be uncomfortable and risk making others angry, how will you ever protect the rights of those who are persecuted by a government that hates you for protecting them? No, if you can’t do that, then you shouldn’t embark on this profession and that’s why I must offend my colleagues at this time to stand up for the truth in which I believe, a fact which is captured in the statement made by the great Soviet dissident, Andrei Sakharov: “For Azerbaijan, Karabakh is matter of ambition; for the Armenians of Karabakh, it is a matter of life and death.” May peace come to you all.

 

About David Garyan

David Garyan has published three chapbooks with Main Street Rag, along with (DISS)INFORMATION, a full collection with the same publisher. He holds an MA and MFA from Cal State Long Beach, where he associated himself with the Stand Up Poets. He is currently studying International Cooperation on Human Rights and Intercultural Heritage at the University of Bologna. He lives in Ravenna.