The CSO Network for the Protection of the Rights of Forcibly Displaced Persons from Artsakh strongly condemns the mass violence perpetrated against the Armenian population in the capital of the Azerbaijan SSR, Baku, in 1988–1990, known in history as the Baku Pogroms.
The violence committed against the Armenian population in January 1990 was accompanied by killings, torture, physical and psychological humiliation, destruction and appropriation of homes and property, as well as mass forced displacement.
These events cannot be characterized as spontaneous unrest or interethnic clashes. Numerous testimonies, documents, and assessments by human rights organizations demonstrate that the violence was targeted and systematic in nature, directed exclusively against the civilian Armenian population on the basis of national identity.
Under customary international law and applicable international treaties, widespread or systematic attacks against a national or ethnic group constitute crimes against humanity. In particular:
- Articles 2, 3, and 5 of the Universal Declaration of Human Rights (1948) guarantee the rights to life, security, and freedom from discrimination;
- Articles 2, 6, and 7 of the International Covenant on Civil and Political Rights (1966) obligate states to protect life, prohibit torture, and ensure effective legal remedies;
- The International Convention on the Elimination of All Forms of Racial Discrimination (1965) requires states to prevent and punish violence based on racial or ethnic grounds;
- The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) establishes the absolute prohibition of such acts;
- Article 7 of the Rome Statute of the International Criminal Court classifies murder, forcible displacement, torture, and persecution on ethnic or national grounds as crimes against humanity.
In light of the above norms, the Baku Pogroms meet the essential elements of crimes against humanity, irrespective of the fact that they occurred prior to the adoption of the Rome Statute, as the prohibition of such crimes constitutes a peremptory norm of international law.
According to international law, a state is obliged not only to refrain from violating human rights but also to take all necessary measures to prevent, stop, and punish such violations. During the Baku Pogroms, the authorities of Azerbaijan at the time failed to ensure effective protection of the Armenian population, did not prevent the spread of violence, and subsequently failed to conduct effective investigations or ensure accountability.
These circumstances give rise to the international responsibility of the state in accordance with the Articles on Responsibility of States for Internationally Wrongful Acts adopted by the UN International Law Commission.
The absence of an adequate legal assessment and accountability for the Baku Pogroms has contributed to the continuity of discrimination and violence against Armenians, manifested in subsequent attacks in other cities, as well as long-term, systematic pressure against the Armenian population of Artsakh. The culmination of this policy was the forced displacement of the entire Armenian population of Artsakh in 2023, which likewise raises grave concerns under international law in the context of crimes against humanity.
Under international human rights and humanitarian law, the victims of the Baku Pogroms and their families have the right to:
- the right to truth;
- the right to justice and effective legal remedies;
- the right to compensation, restitution, and rehabilitation;
- the right to guarantees of non-repetition.
These rights are not subject to statutes of limitation and cannot be restricted on grounds of political expediency.
The CSO Network for the Protection of the Rights of Forcibly Displaced Persons from Artsakh calls upon:
- the competent bodies of the United Nations, the Council of Europe, the OSCE, and other international organizations to ensure an international legal assessment of the Baku Pogroms as crimes against humanity;
- the Republic of Armenia to consistently raise the issue of the Baku Pogroms in international fora as an integral causal component of the ongoing violations and forced displacement of the Armenian population;
- civil society and academic communities to contribute to the documentation of facts, legal analysis, and preservation of historical memory.
The Baku Pogroms cannot be regarded as a closed chapter of history. They constitute a gross violation of international law, the unresolved legal consequences of which continue to affect the rights, security, and dignity of thousands of forcibly displaced persons. Genuine and lasting peace is possible only when such crimes receive a full legal assessment and the rights of victims are recognized and restored.
Secretariat of the CSO Network for the Protection of the Rights of Forcibly Displaced Persons from Artsakh