Azerbaijan Continues to Hold Around 200 Armenian Prisoners of War: Biden's Signed Document

U.S. President Joe Biden's signing of the National Defense Authorization Act for the fiscal year 2022 on December 27 includes significant provisions regarding the Armenian-Azerbaijani conflict, particularly emphasizing that Azerbaijan continues to hold around 200 Armenian prisoners of war, distorting their status. It highlights that Azerbaijan must immediately and unconditionally release all detained individuals.

According to Armenpress, the law is published on the official website of Congress. The law references Congress’s conclusions regarding the 44-day war, particularly stating that Azerbaijan and Turkey launched a military attack on Artsakh with the support of "foreign mercenary units."

Despite the commitments undertaken by Azerbaijan under the Geneva Conventions and the November 9 statement, long after the conflict's conclusion, the Azerbaijani government continues to hold around 200 Armenian prisoners of war, hostages, and detainees, "distorting their status" and attempting to justify their ongoing captivity.

The Azerbaijani armed forces have shown brutal treatment towards ethnic Armenian prisoners of war, subjecting them to "physical violence and humiliation." Documented are crimes against humanity committed by Azerbaijani armed forces and Islamist militants supported by Turkey, alongside other atrocities against Armenians.

Reliable information regarding the condition of the prisoners and captive civilians is limited, and there are serious concerns that detained women may be subjected to sexual assaults and other mistreatment. Azerbaijan must immediately and unconditionally return all Armenian prisoners of war and detained civilians.

The Biden administration must engage with Azerbaijani authorities at all levels, including within the framework of the OSCE Minsk Group process, to clarify the importance of Azerbaijan's compliance with its obligations.

Armenia has fulfilled its commitments under the November 9 statement and international law by returning Azerbaijani prisoners of war. The law also states that within 180 days of the enactment of the document, the U.S. Department of Defense must report to the relevant Congressional committees regarding the 44-day war, particularly concerning American-made components and technologies found in Turkish Bayraktar drones, evaluating any potential violations of arms export controls or other applicable legislation, sanctions policy, or provisions of U.S. law.

A subsequent evaluation of any potential violations of U.S. law or international law concerning the use of white phosphorus, cluster munitions, and prohibited ammunition by Azerbaijan against the civilian population and civil infrastructures in Artsakh from September 27, 2020, until November 9, 2020, must also consider the recruitment of foreign militant terrorists by Turkey and Azerbaijan for offensive military operations against Artsakh and any associated potential violations of U.S. legislation, international conventions against the recruitment, use, financing, and training of mercenaries, or other international or multilateral treaties.