Armenia
Cluster Munition Ban Policy
Summary
Non-signatory Armenia says it cannot accede to the convention until its dispute with Azerbaijan over Nagorno-Karabakh and other territories is resolved. Armenia has participated in meetings of the convention, most recently in November 2020. It voted in favor of a key annual United Nations (UN) resolution promoting the convention for the first time in December 2020.
Armenia reported in 2012 that it does not produce, export, stockpile, or use cluster munitions, and has no intent to do so. Armenian forces used or supplied cluster munitions to Nagorno-Karabakh forces who used them in attacks on Azerbaijan during the conflict over Nagorno-Karabakh in 2020.
Policy
The Republic of Armenia has not acceded to the Convention on Cluster Munitions.
Armenia says it cannot consider joining the convention until its conflict with Azerbaijan is resolved, including the status of the disputed territory of Nagorno-Karabakh.[1] Nagorno-Karabakh is claimed by Azerbaijan but under the control of a breakaway governing authority.
Armenia did not participate in the Oslo Process that created the Convention on Cluster Munitions.[2]
Armenia has participated as an observer in several meetings of the convention, most recently the first part of the convention’s Second Review Conference held virtually in November 2020. This marked Armenia’s first participation in a meeting of the convention since 2014.[3] Armenia did not elaborate its views on the convention but draw attention to Azerbaijan’s use of cluster munitions in October 2020.[4]
In December 2020, Armenia for the first time voted in favor of a UN General Assembly (UNGA) resolution that calls on states outside the Convention on Cluster Munitions to “join as soon as possible.”[5] Previously, it abstained from voting on this annual UNGA resolution promoting the convention in 2015–2019.
Armenia has not joined the Mine Ban Treaty or the Convention on Conventional Weapons (CCW).
Use, production, transfer, and stockpiling
In the past, Armenia has stated several times that it does not produce, export, stockpile, or use cluster munitions, and had no interest in doing so.[6] Recent use in 2020 indicates that there is compelling evidence that Armenia possesses and uses cluster munitions. According to independent arms trade research organizations and local media, Armenia acquired six BM-30 Smerch multi-barrel rocket launchers from Russia in 2016 and 2017, but it is not known if the deal included cluster munition rockets.[7]
Use in October 2020
Armenia’s use of cluster munitions during the conflict over Nagorno-Karabakh in September–October 2020 has been widely reported. There is compelling evidence that Armenian forces used or supplied 300mm Smerch cluster munition rockets, each containing 72 9N235 fragmentation submunitions, to Nagorno-Karabakh forces who used them in attacks on the following locations:[8]
- Gizilhajili on 3 October, killing one civilian and wounding three;
- Tapgaragoyunlu on 23 October;
- Kebirli on 24 October 2020, killing one civilian;
- Garayusifli on 27 October 2020, killing five civilians and wounding 15;
- Barda on 28 October, killing at least 21 civilians and wounding 70.
There’s no complete accounting of the use of cluster munitions by Azerbaijan and Armenian forces during the 2020 conflict as it has not been possible to investigate every reported or alleged attack.[9]
In a statement to the Convention on Cluster Munitions on 25 November 2020, Armenia did not deny possessing or using cluster munitions, but rather drew attention to Azerbaijan’s use of cluster munitions in October 2020.[10] A representative from Armenia’s Ministry of Foreign Affairs told Human Rights Watch (HRW) on 27 November that Armenia does not possess cluster munitions.[11] A representative from Armenia’s Ministry of Defense said on 28 October that reports allegations that Armenia used cluster munition in Barda were “groundless and false.”[12]
Cluster Munition Monitor could not conclusively determine if cluster munitions were used in either case. None of these countries have joined the Convention on Cluster Munitions.
Previous Use
There is evidence that at least two types of ground-fired cluster munition rockets were used in Nagorno-Karabakh in the first week of April 2016, during fighting across the line of contact separating local Armenian-backed separatists and Azerbaijani forces. Armenia’s Ministry of Defense published photographs showing the remnants of 300mm Smerch cluster munition rockets that it claimed were fired by Azerbaijan forces into Nagorno-Karabakh.[13] Cluster Munition Monitor was not able to conduct an independent investigation to make a conclusive determination about responsibility for this cluster munition use.
There is cluster munition contamination in Nagorno-Karabakh dating from the 1988–1994 conflict between Azerbaijan and Armenia.[14] There are also reports of cluster munition contamination in other parts of occupied Azerbaijan, adjacent to Nagorno-Karabakh, which are under the control of Armenian forces.[15]
(See the separate profile on Nagorno-Karabakh.)
[1] Letter No. 19/06300 from Armen Yedigarian, Director, Department of Arms Control and International Security, Ministry of Foreign Affairs, 29 April 2010; and Letter No. 13/15938 from Arman Kirakosian, Deputy Minister, Ministry of Foreign Affairs, to the Cluster Munition Coalition (CMC), 5 November 2008. Both letters assert that Azerbaijan “still stores a significant quantity and uses the Cluster Munitions.” As of May 2018, the website of the Ministry of Foreign Affairs of the Republic of Armenia stated, “Azerbaijan is a country which still stores a significant quantity of cluster munitions.” In 2014, Armenia said it hopes to join the convention, but not at this time due to the security situation in the southern Caucasus and the “war-like attitude of Azerbaijan.” Statement of Armenia, Convention on Cluster Munitions Fifth Meeting of States Parties, San Jose, 3 September 2014. Notes by the CMC.
[2] For details on Armenia’s policy and practice regarding cluster munitions through early 2010, see ICBL, Cluster Munition Monitor 2010 (Ottawa: Mines Action Canada, October 2010), pp. 193–194.
[3] Armenia participated as an observer in the convention’s Meetings of States Parties in 2011–2012 and 2014, as well as intersessional meetings in 2013.
[4] Statement of Armenia, Convention on Cluster Munitions Second Review Conference (held virtually), Geneva, 25 November 2020.
[5] “Implementation of the Convention on Cluster Munitions,” UNGA Resolution 75/62, 7 December 2020.
[6] Letter from Samvel Mkrtchian, Department of Arms Control and International Security, Ministry of Foreign Affairs, 13 March 2012; statement of Armenia, Convention on Cluster Munitions Intersessional Meetings, Geneva, 16 April 2013; and statement of Armenia, Convention on Cluster Munitions Fifth Meeting of States Parties, San Jose, 3 September 2014. Notes by the CMC.
[7] Stockholm International Peace Research Institute (SIPRI) Arms Trade database report for Armenia by supplier, 2010–2017; and Emil Danielyan, “Russia details fresh arms supply to Armenia,” Radio Free Europe/Radio Liberty, 19 February 2016.
[8] “Armenia: Cluster Munitions Used in Multiple Attacks on Azerbaijan,” Human Rights Watch (HRW), 15 December 2020; “Armenia: Cluster Munitions Kill Civilians in Azerbaijan,” HRW, 30 October 2020; and Amnesty International, “Armenia/Azerbaijan: First confirmed use of cluster munitions by Armenia ‘cruel and reckless,’” 29 October 2020.
[9] For example, cluster munition contamination, including unexploded M095 submunitions, has been reported in the Davit Bek area of the Syunik region, which indicates that Armenia may have experienced the use of cluster munitions in 2020. However, at this time there is insufficient information to confirm the circumstances and who was responsible. See Center for Humanitarian Demining and Expertise, “The specialists of the ‘Center for Humanitarian Demining and Expertise’ are in Davit Bek,” 26 February 2021.
[10] Statement of Armenia, Convention on Cluster Munitions Second Review Conference (held virtually), Geneva, 25 November 2020.
[11] “Armenia: Cluster Munitions Used in Multiple Attacks on Azerbaijan,” HRW, 15 December 2020.
[12] “Armenian military denies “groundless and false” Azeri accusations on striking Barda,” ArmenPress, 28 October 2020.
[13] “Armenian MOD provides factual proof of prohibited cluster missile use by Azerbaijani army,” ArmenPress, 6 April 2016.
[14] Nagorno-Karabakh declared independence in 1991, but is not recognized by any UN member state. 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 1988–1994.
[15] There are reports of cluster munition contamination in the Fizuli, Terter, and Tovuz districts. Azerbaijan Campaign to Ban Landmines, “Cluster Munitions in Azerbaijan,” undated.