Azerbaijan Destroys Khachkar-Memorial in Artsakh

In the Kashatagh region of the Republic of Artsakh, Azerbaijan has destroyed a khachkar-memorial dedicated to Tigran Abrahamyan and his friends, who fell at the Omari Pass, in a location known as T'tu Jughur near the village of Aghanus. This was reported by the website monumentwatch.org, which monitors cultural heritage in Artsakh.

As indicated by the images provided by Azerbaijani studies expert Varsik Simonian, the khachkar-memorial was standing until Azerbaijan’s occupation, which also included two accompanying khachkars. However, a recent photograph taken after the occupation shows that the khachkars have been destroyed and the integrity of the monument has been violated and defaced with paint.

According to Azerbaijani news, there has been mass deforestation around the historical spring near the village of Aghanus, as a recreation area is planned to be constructed on the site of the memorial.

Any actions by Azerbaijan to destroy Armenian cultural values are prohibited by numerous conventions adopted by UNESCO and the Council of Europe, as well as provisions of the International Court of Justice and other documents. The violation of the integrity of the memorial spring in Aghanus and the destruction of khachkars are forbidden under international law.

It is crucial to highlight that the International Court of Justice has affirmed that the laws applicable in occupied territories, including provisions for the protection of cultural values, have gained the status of customary international law (infra Jurisprudence), meaning they operate as universal and binding rules that apply to all states. Customary laws prohibit the willful destruction of heritage. The protection of cultural values relates to Articles 38, 39, 40, and 41 of international humanitarian law.

Notably, targeting khachkars is especially prohibited and considered a severe crime directed against all humanity, as the "Art of Armenian Khachkars: Symbolism and Mastery" has been included in UNESCO’s list of Intangible Cultural Heritage since 2010 and is considered a universal value. This classification means that khachkar art possesses unique universal significance and additional international protection, as well as great interest in the global cultural treasury.

Khachkar culture has additional protection during and after wartime. Specifically, under the principles of the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, along with its Second Protocol adopted in 1999, all khachkar culture enjoys enhanced protection. Any harm inflicted upon it, according to Article 15(a) of the Protocol, constitutes a "serious violation," which can be prosecuted as a war crime in international courts.

This is affirmed by Article 10 of the mentioned Protocol, which states that cultural heritage of great importance to humanity must be placed under enhanced protection, and UNESCO has deemed all of khachkar culture as such since 2010. According to Article 12 of the Protocol, a state party, for example, Azerbaijan in occupied territories, must ensure the inviolability of cultural values under enhanced protection, refraining from turning such values into targets for attack or reprisals.