[UPDATE October 2020: On 23 October, a Human Rights Watch (HRW) report documented incidents of use of cluster munitions by Azerbaijan following the outbreak of hostilities in Nagorno-Karabakh in late September 2020. A second HRW report on 30 October found cluster munition use by Armenia during the conflict, but could not confirm whether it was direct use by Armenian forces or if Armenian forces supplied cluster munitions to forces in Nagorno-Karabakh.]

Summary: Nagorno-Karabakh is not recognized by any United Nations (UN) member state and thus is not eligible to accede to, or attend meetings of, the Convention on Cluster Munitions. In May 2017, a representative told the Monitor that Nagorno-Karabakh does not possess cluster munitions and claimed there has been no use, production, or transfer of cluster munitions on its territory. Cluster munition rockets were fired into Nagorno-Karabakh in April 2016.

Policy

Prior to the dissolution of the Soviet Union, the parliament of the Nagorno-Karabakh Autonomous Province voted in 1988 to secede from the Azerbaijan Soviet Socialist Republic (SSR) and join the Armenian SSR, which resulted in armed conflict from 1988 to 1994. The region declared independence as the Nagorno-Karabakh Republic in 1991.

In May 2012, Nagorno-Karabakh’s acting Minister of Foreign Affairs Vasiliy Atajanyan expressed support for the ban on cluster munitions: “Realizing what a deadly [sic] to civilians are cluster munitions, and assuming that the suffering of civilians caused by cluster munitions outweigh the potential military benefits of using this weapon, the authorities of Nagorno-Karabakh Republic fully support the Convention on Cluster Munitions.” However, he said, “the Nagorno-Karabakh Republic is not in a position to join the Convention, in view of the fact the conflict with Azerbaijan is not yet resolved.”[1]

Use, production, transfer, and stockpiling

In May 2017, the Minister of Foreign Affairs Karen Mirzoyanprovided a statement in response to the Monitor’s request for an update on cluster munitions that states the “Republic Artsakh [the Nagorno-Karabakh Republic] does not possess cluster munitions and there has been no use, production or transfer of cluster munitions on the territory of the Republic.”[2]

Previously, in May 2012, the Acting Minister of Foreign Affairs Atajanyan stated that “the Nagorno-Karabakh Republic does not produce, export, stockpile or use cluster munitions and does not intend to do so.”

Previous use

In May 2017, the Minister of Foreign Affairs of Nagorno-Karabakh provided to the Monitor with evidence of cluster munition use on its territory in April 2016, stating: “During the 4-day aggression against Republic of Artsakh in April 2016, Azerbaijan has employed two types of ground-launched cluster munition rockets (LAR 160 and Smerch) in the north of the Republic (Martakert region) and in the southeast (Hadrut region).” The information, including photographs of cluster submunition remnants and rockets, was sourced by the Artsakh Ministry of Defense, the State Service for Emergency Situations, the Prosecutor General’s office, and HALO Trust. Subsequently, the Artsakh State Service for Emergency Situations and HALO cleared more than 200 unexploded cluster submunitions from the two locations.[3]

Cluster Munition Monitor was not able to conduct an independent investigation to make a conclusive determination about responsibility for this cluster munition use. During fighting across the line of contact separating local Armenian-backed separatists and Azerbaijani forces, Azerbaijan launched artillery and rockets more than 10 kilometers into Nagorno-Karabakh from 1 April until 5 April 2016, when a ceasefire went into effect at 12:00 local time.[4]

Within 10 days, emergency clearance operations by HALO destroyed approximately 200 unexploded M095 DPICM-type submunitions near the villages of Nerkin Horatagh and Mokhratagh, close to the town of Martakert in northeast Nagorno-Karabakh.[5] HALO also cleared remnants of Israeli-produced LAR-160 surface-fired rockets, which deliver the M095 DPICM submunitions.[6] The cluster munitions were reportedly fired from Azerbaijan.[7]

Azerbaijan and Armenia have both denied using cluster munitions in the brief conflict and accused the other side of using the weapon against civilians. Azerbaijan’s Ministry of Foreign Affairs claimed on 28 April 2016 that “cluster munitions used by the Armenian troops against the civilian Azerbaijani population living densely along the line of contact…do not bear any military goal and serve solely to perpetrate mass killings among the civilians.”[8] Armenia’s Ministry of Defense issued photographs on 6 April 2016 showing the remnants of Smerch rockets that it claimed Azerbaijan fired into Nagorno-Karabakh.[9]

Unknown quantities of air-dropped RBK-series cluster bombs were used in Nagorno-Karabakh during the 1988–1994 conflict between Armenia and Azerbaijan over the territory. In June 2016, HALO destroyed an unexploded PTAB-1M submunition found by a farmer on agricultural land near the village of Mugalny.[10]

Jump to a specific section of the chapter:

Treaty Status | Management & Coordination | Impact (contamination & casualties) | Addressing the Impact (land release, risk education, victim assistance)

Country Summary

In 1988, a decision by the parliament of the Nagorno-Karabakh Autonomous Province to secede from Azerbaijan and join Armenia resulted in an armed conflict between Armenia and Azerbaijan which lasted from 1988 until 1994. Nagorno-Karabakh declared independence in 1991, but this has not been internationally recognized.

All regions of Nagorno-Karabakh have been affected by mines and submunitions as a result of the 1988–1994 conflict between Armenia and Azerbaijan, and new mine contamination was added in 2013 by Nagorno-Karabakh’s military. The then-chief of Nagorno-Karabakh’s military, General Movses Hakobian, stated in July 2013 that “his forces have placed more antipersonnel landmines this year along the Armenian-Azerbaijani ‘line of contact’ east and north of the disputed territory.”[1]

In May 2017, Nagorno-Karabakh’s Minister of Foreign Affairs provided the Monitor with evidence of cluster munition use on its territory in April of that year.[2]

Azerbaijan and Armenia both deny using cluster munitions during the brief escalation of conflict that took place in April 2016, with both states blaming each other for use of cluster munitions in such a way as to endanger civilians.[3]

On 3–4 October 2020, the de facto authorities of the area shared footage consistent with attacks with Israeli-made M095 cluster munitions, in the capital of Nagorno-Karabakh, Stepanakert. In November 2020, The HALO Trust was reported as stating that clearance was being undertaken: “The cluster bombs are particularly dangerous as they can maim and kill indiscriminately and remain dangerous for a long time…so far, we have managed to clear the visible ones on the streets, but there are still many in people’s gardens, balconies, and submerged beneath rubble, which poses a risk for when the displaced people return.’’[4]

In March 2019, United States (US) officials announced their intention to stop funding The HALO Trust’s demining program in Nagorno-Karabakh. However, in July 2020, the US State Department announced its budget for 2021, which included US$1.4 million allocated to humanitarian demining assistance in Nagorno-Karabakh.[5]

Treaty ratification status

Nagorno-Karabakh is not recognized by any United Nations (UN) member state and thus is not eligible to accede to theMine Ban Treaty, the Convention on Cluster Munitions, or the Convention on the Rights of Persons with Disabilities(CRPD).

Management and coordination

Mine action management and coordination

Humanitarian mine action commenced in Nagorno-Karabakh in 2000. Nagorno-Karabakh does not have a national mine action authority in place to oversee mine action activities.[6]

Risk education management and coordination

The HALO Trust is the primary provider of risk education in Nagorno-Karabakh. As there is no national mine action authority or other national coordinating body, The HALO Trust implements its risk education activities under the oversight of the Ministry of Education.[7] The HALO Trust reports that the Nagorno-Karabakh authorities are supportive and welcoming of its risk education activities.[8]

Impact

Contamination

Contamination overview[9]

Note: CHA=Confirmed Hazardous Area; SHA=Suspected Hazardous Area.

Mine Contamination

Nagorno-Karabakh has been affected by landmines since the 1988–1994 conflict. Mines were laid by both the Azerbaijani and pro-Karabakh forces during the war, with a relatively high proportion of antivehicle mines being used in some regions, as well as antipersonnel mines. The mines were of Soviet design and manufacture, and due to the nature of the conflict, certain areas were mined several times.[10]

New mine contamination was reported in 2013, when Nagorno-Karabakh’s then-military chief, General Movses Hakobian, stated that “his forces have placed more antipersonnel landmines this year along the Armenian-Azerbaijani ‘line of contact’ east and north of the disputed territory.”[11]

The HALO Trust is currently undertaking a new baseline survey, The National Survey Project, of the whole of Nagorno-Karabakh in order to establish the true extent of mine contamination. The HALO Trust is unsure of when the survey will be completed due to varying levels of contamination across different regions. However, the surveys in Askeran and Martakert have been completed.[12]

There have been more landmine accidents per capita in Nagorno-Karabakh than anywhere else in the world, with children comprising a quarter of the victims.[13]

Cluster munition contamination

The extent of cluster munition remnant contamination in Nagorno-Karabakh is unknown, although it is recognized that a large number of cluster munitions were dropped on the territory during the 1988–1994 war.

Cluster munitions were also used in Nagorno-Karabakh in April 2016 during a brief resurgence of conflict. Within 10 days of the 2016 escalation ceasing, emergency clearance operations by The HALO Trust resulted in the destruction of approximately 200 unexploded M095 Dual-Purpose Improved Conventional Munition (DPICM)-type submunitions near the villages of Nerkin Horatagh and Mokhratagh, close to the town of Martakert.The HALO Trust also cleared remnants of Israeli-produced LAR-160 surface-fired rockets, which deliver the M095 DPICM submunitions.The cluster munitions were reportedly fired from Azerbaijan.[14]

ERW Contamination

The extent of explosive remnants of war (ERW) contamination in Nagorno-Karabakh is unknown. However, in 2019, The HALO Trust cleared 15 items of unexploded ordnance (UXO), 33 small arms-related items of explosive ordnance, and 214 items of small arms ammunition.[15]

Casualties

Casualties overview[16]

Casualties in 2019: details

All casualties in 2019 were adult males who encountered explosive ordnance during the course of their work. The HALO Trust reported three incidents resulting from ERW: a shepherd suffered leg injuries from an antipersonnel mine, one person had a near miss concerning an antivehicle mine during land cultivation, while a third person suffered abdominal and leg injuries due to cultivating land contaminated with cluster munitions.[17] In addition to The HALO Trust’s casualty data, three other mine-related incidents were recorded during 2019. Two involved soldiers (one Azerbaijani soldier killed, and one Armenian soldier wounded), while one civilian was wounded by a landmine near Martakert, where he was conducting waterline works.[18]

Addressing the impact

Mine Action

Operators and service providers

Throughout 2019, there was no national mine action center or other mine action coordinating body in Nagorno-Karabakh. The HALO Trust is the only international clearance operator in the territory, and in its clearance operations it coordinated with, and reported to, the Ministry of Foreign Affairs and the Nagorno-Karabakh rescue services.[19] The HALO Trust acted as the primary coordinating body in terms of collecting casualty data, mapping and survey, and clearance.

Clearance

Landmine and cluster munition remnants clearance[20]

Note: NGO=Non-Governmental Organization.

Major developments in 2019

In March 2019, the US State Department announced that it would no longer fund mine clearance in Nagorno-Karabakh.The US Agency for International Development (USAID)—which had previously funded the program in the area of the former Nagorno-Karabakh Autonomous Oblast—and the US State Department cited lack of civilian mine-related injuries since 2017 in conjunction with the program nearing completion as the reasoning behind the decision.[21] However, The HALO Trust casualty data reveals that in 2018 there were at least three incidents involving mines/ERW in Nagorno-Karabakh: two children were injured by a landmine fuze whilst playing, while an adult male who encountered a cluster munition during land cultivation had a near miss.[22] Furthermore, casualties were also recorded in 2019: mine incidents killed an Azerbaijani soldier and injured an Armenian soldier, while three civilians encountered landmines (two were injured, while another escaped without injury) and one civilian was injured by a cluster munition.[23]

On 24 July 2020, the US House of Representatives passed the State and Foreign Operations Bill concerning the US State Department budget for 2021. In the budget, $1.4 million was allocated to the continuance of demining operations in Nagorno-Karabakh.[24] It is understood that The HALO Trust will be the recipient of this funding as the sole mine action actor in Nagorno-Karabakh.

Risk Education

Operators and service providers

Risk education international operator

Note: NGO=Non-Governmental Organization.

Beneficiary numbers

In 2019, The HALO Trust provided mine risk education to 228 men, 2,665 boys, 416 women and 2,428 girls.

Implementation

The HALO Trust conducts risk education largely through face-to-face means, supplementing these sessions with printed materials such as leaflets, posters and flyers. The HALO Trust conducts risk education in Nagorno-Karabakh in accordance with International Mine Action Standard (IMAS) 12.10, and along with best practice recommendations disseminated by the UN Children’s Fund (UNICEF), the Geneva International Centre for Humanitarian Demining (GICHD) and the multi-agency Explosive Ordnance Risk Education Advisory Group (EORE-AG).

Target groups

Children, farmers and shepherds are at highest risk of coming into contact with landmines, cluster munition remnants and ERW in Nagorno-Karabakh. Children are at high risk due to their curiosity and lack of understanding of potential danger, while shepherds and farmers are at high risk due to their close relationship with the land. Incidents involving farmers and shepherds represent nearly 40% of all mine/ERW incidents resulting in casualties in Nagorno-Karabakh. There have been many instances of farmers ploughing over antivehicle mines whilst cultivating land, while shepherds often wander into unknown minefields following their livestock.[25]