MESSAGE OF THE MINISTER OF FOREIGN AFFAIRS

AND THE CHIEF OF STAFF OF THE DEFENSE ARMY OF THE NKR TO THE LEADERSHIP OF AZERBAIJAN REGARDING AGREEMENT ON A NEW CEASEFIRE BETWEEN AZERBAIJAN AND NAGORNO-KARABAKH ON THE BASIS OF MUTUAL COMMITMENT BY BOTH SIDES December 16, 1993 Confidential

To the Leadership of Azerbaijan Copy: To the Russian Federation A.V. Kozyrev, V. Kazimirov

In accordance with the oral understandings reached on December 16, 1993, we confirm our AGREEMENT—provided that both sides undertake analogous commitments—to establish a new ceasefire between Azerbaijan and Nagorno-Karabakh, effective until December 26, 1993 inclusive.

For this period, the military command will take the most resolute measures to ensure that field commanders fully observe the ceasefire, and in particular to prevent the advance of tanks and other armored vehicles, rocket-artillery shelling, and aerial bombardments. Any violation of this commitment will be regarded as a gross breach of the agreement reached under the mediation of Russia. In such cases, direct violators and their immediate commanders will be promptly held accountable by the command.

Direct telephone contact will be maintained at the highest level of the armed forces to prevent and resolve violations.

Between December 19 and 24, duly authorized representatives, with the assistance of the Russian mediator, will hold negotiations regarding a possible extension of this agreement and the conclusion of a treaty on the complete and comprehensive cessation of hostilities.

This agreement enters into force immediately upon confirmation by the mediator of receipt of both analogous documents signed by authorized representatives.

Minister of Foreign Affairs Chief of Staff of the Defense Army of the Nagorno-Karabakh Republic A. Gukasyan — S. Ohanyan

Stepanakert, December 16, 1993

Archive of the MFA of the NKR; personal archive of former OSCE Minsk Group Co-Chair, Ambassador V. Kazimirov.

STATEMENT OF THE COUNCIL OF HEADS OF STATE OF THE CIS

ON THE CONFLICT IN AND AROUND NAGORNO-KARABAKH April 15, 1994

Taking note of the statements by the Presidents of the Republic of Azerbaijan and the Republic of Armenia regarding measures undertaken to cease hostilities, the Council of Heads of State of the Commonwealth notes that the Nagorno-Karabakh conflict inflicts irreparable damage on the Azerbaijani and Armenian peoples, on the economy and ecology of a vast region in the South Caucasus, and affects the vital interests of other CIS member states and the Commonwealth as a whole.

The Council of Heads of State of the Commonwealth supports the efforts of the member states aimed at a durable political settlement of the conflict, including the persistent peace initiatives of the Russian Federation, and welcomes the conciliatory mission of the Interparliamentary Assembly of CIS member states.

The Council reaffirms its determination to contribute in every possible way to the search for the only viable compromise solution. The foremost priority, the imperative of settlement, is the immediate cessation of fire and all military actions, followed by their reliable consolidation. Without this, it is impossible to eliminate the consequences of the tragic confrontation.

The Council of Heads of State of the Commonwealth appeals to the international community, the CSCE, and the UN to support the measures undertaken by the Commonwealth of Independent States in the interests of resolving the conflict.

Archive of the MFA of the NKR, folder No. 56.

THE BISHKEK PROTOCOL

May 5, 1994

The participants of the meeting held on May 4–5, 1994 in Bishkek, convened at the initiative of the CIS Interparliamentary Assembly, the Parliament of the Kyrgyz Republic, the Federal Assembly, and the Ministry of Foreign Affairs of the Russian Federation:

Expressed their determination to contribute in every possible way to ending the armed conflict in and around Nagorno-Karabakh, which not only causes irreparable harm to the Azerbaijani and Armenian peoples but also seriously affects the interests of other countries in the region and complicates the international situation;
Supporting the Statement of the CIS Council of Heads of State of April 15, 1994, declared their readiness to fully support the efforts of heads of state and representatives of the executive authorities to end the armed confrontation and eliminate its consequences through the swift conclusion of an appropriate agreement;
Advocated for the natural and active role of the Commonwealth and the Interparliamentary Assembly in ending the conflict, in implementing the related principles, goals, and specific decisions of the UN and CSCE (above all, UN Security Council Resolutions 822, 853, 874, 884);
Called upon all opposing sides to heed the voice of reason: to cease fire at midnight on May 8–9 of this year, based on the Protocol of February 18, 1994 (including provisions on the deployment of observers), and through the most intensive work in the shortest possible time to consolidate this by signing a reliable, legally binding agreement providing for mechanisms to prevent the resumption of military and hostile actions, withdrawal of troops from occupied territories, restoration of communications, return of refugees, and continuation of the negotiation process;
Agreed to propose to the parliaments of CIS member states the initiative of Chairman of the Council of the Interparliamentary Assembly V.F. Shumeiko and Head of the Assembly’s Peacekeeping Group on Nagorno-Karabakh M.Sh. Sherimkulov regarding the creation of CIS peacekeeping forces;
Considered it expedient to continue such meetings in the interests of a peaceful resolution of the armed conflict;
Expressed gratitude to the people and leadership of Kyrgyzstan for providing excellent working conditions, warmth, and hospitality.

On behalf of the delegations: (A. Jalilov), R. Guliev, B. Ararktsyan, K. Baburin, V. Shumeiko, M. Sherimkulov, V. Kazimirov, M. Krotov

Authorized Representative of the President of the Russian Federation, Head of the Mediation Mission of Russia Head of the Secretariat of the Council of the CIS Interparliamentary Assembly

Bishkek, May 5, 1994

Note: On May 8, 1994, in Baku, when R. Guliev signed the Bishkek Protocol, the following note was added to his copy: “Signed on the condition that in paragraph five of this text, in the third line from the top, before the word ‘observers’ the word ‘international’ will be added, and in the sixth line from the top of the same paragraph the word ‘occupied’ will be replaced with ‘seized.’” Attempts were also made to supplement that copy of the document with the signature of N. Bakhmanov, but he could not be found in Baku that day.

Archive of the MFA of the NKR, folder No. 56.

AGREEMENT OF THE OPPOSING SIDES –

AZERBAIJAN, ARMENIA, AND NAGORNO-KARABAKH ON THE COMPLETE CESSATION OF HOSTILITIES May 9–11, 1994

To the Minister of Defense of the Russian Federation P. Grachev, To the Ministry of Foreign Affairs of the Russian Federation A. Kozyrev, V. Kazimirov

Responding to the call for a ceasefire contained in the Bishkek Protocol of May 5, 1994, and relying on the Protocol of February 18, 1994, the Opposing Sides have agreed as follows:

To ensure the complete cessation of fire and hostilities as of 00:01 hours on May 12, 1994. The relevant ceasefire orders shall be issued and communicated to the commanders of military units responsible for their implementation no later than May 11, 1994. By 23:00 on May 12, the Sides shall exchange the texts of their ceasefire orders with the aim of possible mutual supplementation and subsequent unification of the main provisions of analogous documents.
To request the Minister of Defense of the Russian Federation to convene in Moscow, no later than May 12 of this year, an urgent meeting of the Ministers of Defense of Azerbaijan and Armenia and the Commander of the Nagorno-Karabakh Army, in order to agree upon lines of separation of forces, other urgent military-technical issues, and to prepare for the deployment of an advance group of international observers.
This arrangement shall be used to complete negotiations within the next ten days and to conclude, no later than May 22 of this year, an Agreement on the cessation of the armed conflict.
This arrangement shall enter into force immediately after the Mediator has notified that he has received from the opposing forces fully identical documents signed by authorized representatives.

Minister of Defense of Azerbaijan Minister of Defense of Armenia Commander of the Nagorno-Karabakh Army

“ ” May 1994

Note: The text was signed respectively by M.I. Mamedov in Baku on May 9, S.A. Sargsyan in Yerevan on May 10, and S. Babayan in Stepanakert on May 11, 1994.

Archive of the MFA of the NKR, folder No. 10, CSCE 1994.

MANDATE OF THE CO-CHAIRS OF THE CONFERENCE ON NAGORNO-KARABAKH

UNDER THE AUSPICES OF THE OSCE (“MINSK CONFERENCE”) Budapest, November 30, 1994

The Co-Chairs are appointed by the Acting Chairman of the OSCE (AC OSCE).

In their activities, the Co-Chairs shall be guided by the principles and norms of the OSCE, the Charter of the United Nations, the decisions of OSCE meetings, including the resolution of the OSCE Council of Ministers of March 24, 1992, and, in particular, the decisions of the Budapest Summit of the OSCE, as well as the relevant resolutions of the UN Security Council.

In their work, the Co-Chairs shall be guided by the tasks of the Minsk Conference, namely, to promote the resolution of the conflict without the use of force and, in particular, to facilitate negotiations on a peaceful and comprehensive settlement in accordance with the rules of procedure as defined in the decisions of the Tenth Meeting of the CSCE Committee of Senior Officials.

The Co-Chairs shall fully coordinate all their mediation and negotiation activities, harmonizing them into a single coordinated effort within the OSCE.

The Co-Chairs, jointly, on the basis of full equality and impartiality, shall:

Undertake joint efforts to strengthen the ceasefire regime;
Develop a unified basis for negotiations with the Parties to the conflict;
Conduct negotiations with the Parties to the conflict with the aim of concluding a political agreement on the cessation of the armed conflict, building on progress achieved in previous mediation efforts;
Encourage direct contacts, including negotiations on substantive issues between the Parties to the conflict;
Continue work with the Parties to the conflict on measures to strengthen mutual confidence, particularly in the humanitarian sphere, synchronizing them with the political process;
Assist the AC OSCE in developing a plan for the deployment, composition, and activities of OSCE multinational peacekeeping forces (OMPF);
Transmit to the AC OSCE confirmations and official requests received from the Parties to the conflict concerning the OSCE peacekeeping operation (PKO);
Report to the AC OSCE on the course of negotiations with the Parties to the conflict regarding the draft mandate of the OSCE OMPF, the Memorandum of Understanding, and the provisions of security guarantees for personnel participating in the OSCE PKO throughout the operation;
Jointly chair regular consultations of the Minsk Group, jointly transmit to its members documents, informational materials, and proposals, including proposals on dates and venues of Minsk Group meetings, as well as lists of issues for discussion;
Jointly and on a permanent basis inform and consult with the AC OSCE, and jointly and regularly inform the OSCE Permanent Council on the progress of their work;
After consultations with the AC OSCE, jointly inform the Chairman of the UN Security Council and the UN Secretary-General on the course of the Minsk process, on all aspects of the situation in the conflict zone, on the implementation of relevant UN Security Council resolutions, as well as on current and future cooperation between the OSCE and the UN in this field. When necessary, and after appropriate consultations with the AC OSCE, submit to the UN their considerations and proposals regarding new resolutions that could be adopted by the UN Security Council in the interests of a peaceful settlement of the conflict;
Jointly, and in special cases separately, undertake coordinated visits to the conflict region to maintain contacts with the Parties to the conflict on the above-mentioned and other relevant issues;
After consultations with the AC OSCE, maintain necessary contacts with the International Committee of the Red Cross, the UN High Commissioner for Refugees, as well as with other relevant international and regional organizations and institutions;
Jointly chair the Minsk Conference and its preparatory meetings;
Cooperate with the Personal Representative of the AC OSCE in accordance with the provisions contained in the mandate of the Personal Representative.

Adopted at the Budapest OSCE Summit. Archive of the MFA of the NKR, folder No. 9, OSCE 1994.

From the Final Document of the Budapest OSCE Summit

Budapest, December 6, 1994 Section II: Regional Issues Strengthening OSCE Action in Connection with the Nagorno-Karabakh Conflict

Expressing regret over the continuation of the conflict and its tragic consequences for people, the participating States welcomed the confirmation by the parties to the conflict of the ceasefire agreement reached on 12 May 1994 through the mediation efforts of the Russian Federation in cooperation with the OSCE Minsk Group. They reaffirmed their commitment to the relevant resolutions of the United Nations Security Council and welcomed the political support provided by the Security Council to OSCE efforts aimed at the peaceful settlement of the conflict. To this end, they called upon the parties to the conflict to begin more intensive negotiations on substantive issues, including direct contacts. In this context, they expressed their firm intention to strengthen OSCE efforts and assistance. They strongly supported the mediation activities of the OSCE Minsk Group and expressed appreciation for the decisive contribution of the Russian Federation and the individual efforts of other members of the Minsk Group. They agreed to coordinate and integrate all these efforts within the OSCE framework.
For this purpose, they instructed the Acting Chairman to appoint, on the basis of consultations with participating States and acting as soon as possible, Co-Chairs of the Minsk Conference, with the aim of creating a single, coordinated basis for negotiations and ensuring full coordination of all mediation and negotiation activities. These Co-Chairs, guided in all their negotiating efforts by OSCE principles and the agreed mandate, will jointly preside over meetings of the Minsk Group and jointly report to the Acting Chairman. They will regularly inform the Permanent Council of the progress of their work.
As a first step within these efforts, they instructed the Co-Chairs of the Minsk Conference, with the support of the Russian Federation and other individual members of the Minsk Group and in cooperation with them, to take immediate steps to promote further observance of the existing ceasefire agreement and, building upon progress already achieved in previous mediation, to conduct negotiations promptly with the aim of concluding a political agreement on the cessation of the armed conflict. Implementation of such an agreement would eliminate the main consequences of the conflict for all parties and allow the convening of the Minsk Conference. They further requested the Co-Chairs of the Minsk Conference to continue joint work with the parties to the conflict towards the further implementation of confidence-building measures, particularly in the humanitarian sphere. They emphasized the need for participating States, both individually and within relevant international organizations, to take measures to provide humanitarian assistance to the population of the region, with special attention to alleviating the plight of refugees.
They agreed that, in accordance with the views of the parties to the conflict, the achievement of the above-mentioned agreement would also allow for the deployment of multinational peacekeeping forces as a crucial element in the implementation of the agreement itself. They declared their political readiness, upon adoption of the relevant resolution by the UN Security Council, to provide OSCE multinational peacekeeping forces following the conclusion of an agreement between the parties on the cessation of the armed conflict. They proposed that the Acting Chairman, as soon as possible, develop a plan concerning the establishment, composition, and activities of such forces, which would be organized on the basis of Chapter III of the Helsinki Document of 1992 and in full conformity with the Charter of the United Nations. In this work, the Acting Chairman will rely on the assistance of the Co-Chairs of the Minsk Conference and the Minsk Group, as well as on the support of the Secretary-General; after appropriate consultations, he will also establish in Vienna a high-level planning group to prepare recommendations, inter alia, regarding the size and characteristics of these forces, their command and control, logistical support, allocation of relevant units and resources, rules of engagement, and arrangements with the contributing States. He will seek support from the United Nations in light of its expressed readiness to provide technical expert and advisory assistance. He will also strive to secure long-term political support from the UN Security Council regarding the possible deployment of OSCE peacekeeping forces.
On the basis of such preparatory work and the relevant provisions of Chapter III of the Helsinki Document of 1992, and following the conclusion of an agreement between the parties and their submission of an official request to the Acting Chairman through the Co-Chairs of the Minsk Conference, the Permanent Council will decide on the conduct of an OSCE peacekeeping operation.

PROPOSAL OF THE MEDIATORS TO THE PRESIDENT OF AZERBAIJAN

H. ALIYEV TO ACCEPT A TRILATERAL COMMITMENT ON STRENGTHENING THE CEASEFIRE REGIME February 3, 1995

To the President of the Republic of Azerbaijan, Mr. Heydar Aliyev

Dear Mr. Heydar Aliyev,

In accordance with the exchange of views held in Baku on strengthening the ceasefire regime, I hereby transmit to you, as agreed, the proposals of the Co-Chairmanship of the Minsk Conference.

Mediator’s Proposals

on Strengthening the Ceasefire in the Nagorno-Karabakh Conflict

On behalf of the Co-Chairmanship of the OSCE Minsk Conference (hereinafter “the Mediator”), and with the aim of reinforcing the ceasefire regime established in the conflict zone since May 12, 1994, and creating more favorable conditions for advancing the peace process, we jointly propose that the opposing sides (hereinafter “the Parties”) undertake the following commitments:

In the event of incidents threatening the ceasefire, immediately notify the other Party in writing by fax or through PM communication (with a copy to the Mediator), specifying the exact location, time, nature of the incident, and its consequences. The other Party shall be informed that measures are being taken to prevent retaliatory actions that could escalate the incident; accordingly, immediate appropriate measures are expected from the other Party. If possible, proposals for urgent measures to overcome the incident and restore the status quo ante shall also be communicated.
Upon receipt of such notification from the other Party, promptly verify the facts and provide a written response within no more than six hours (with a copy to the Mediator).
The Parties agree that official sources shall release information about the incident to the mass media only after receiving a response from the other Party, or, if such a response is delayed, no earlier than seven hours after the initial notification was transmitted to the other Party. In such cases, the Parties shall objectively reflect the response of the other Party in their press release and indicate that contacts on the matter are continuing.
To establish reliable direct emergency communication, each Party shall designate two PM devices and ensure round-the-clock duty of responsible officials at both devices. The relevant PM numbers shall be communicated through the Mediator no later than February 6, 1995. If fax transmission cannot be used for urgent communications between the Parties or with the Mediator, the texts shall be dictated via PM communication lines.
The Parties agree that the Mediator shall consider only those submissions in which it is confirmed that the matter has already been raised with the other Party.
In special cases, the Parties may request the Mediator to hold an urgent meeting with their representatives to review the incident and the situation.
If necessary, at the request of one Party and with the consent of the other, a mixed group of inspectors may be dispatched, including, if requested by the Parties, representatives of the Mediator, to study the situation on site.
Without waiting for the completion of the investigation of an incident, the Parties undertake to take measures to prevent escalation and to restore the status quo ante, taking into account to the maximum extent possible any recommendations of the Mediator.
Depending on the seriousness of the situation, the Mediator may propose that it be considered at a meeting of the OSCE Minsk Group or in the OSCE Permanent Council.
The Parties undertake to refrain from public statements that could lead to escalation of the conflict.

We kindly request official confirmation of readiness to assume the above commitments in full at the level of the highest military leadership no later than February 4, 1995, so that upon receipt of the corresponding responses from the Parties these commitments may be considered in force as of February 6, 1995.

Vladimir Kazimirov On behalf of the Co-Chairmanship of the OSCE Minsk Conference February 3, 1995

Annex: Suggested Text of Reply

Co-Chairmanship of the OSCE Minsk Conference To Ambassador V.N. Kazimirov To Ambassador A. Bjurner

I confirm Azerbaijan’s agreement to assume in full the commitments set forth in your proposal of February 3, 1995.

Upon receipt of your confirmation of general agreement with these commitments, we shall consider this arrangement to have entered into force as of February 6, 1995.

M. Mamedov Minister of Defense of Azerbaijan February 4, 1995

Note: On the same day, February 3, 1995, identical letters were sent to the President of the Republic of Armenia L. Ter-Petrosyan and the leader of Nagorno-Karabakh R. Kocharyan. On February 4, 1995, identical reply letters were received from the Minister of Defense of Armenia S. Sargsyan and the Commander of the Nagorno-Karabakh Army S. Babayan.

Source: Kazimirov Archive 780

Yuri Barsegov “Nagorno-Karabakh in International Law and Global Politics”

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MESSAGE OF THE MINISTER OF FOREIGN AFFAIRS