Azerbaijan’s Right to Use Force

7 Baku St. U. L.Rev. 98 (2021)
Article language: Azerbaijani.

Abstract 

For more than three decades Azerbaijan confronted aggression and major parts of its territory were under occupation. According to international law these occupied territories were always recognized as territories of Azerbaijan. But mere recognition was not enough to use and implement sovereign rights of the state in these territories. Most importantly, during these three decades Azerbaijan was subject to armed attacks of aggressor on a daily basis. In order to stop aggression, to end occupation of its territories and restore its sovereignty over these territories Azerbaijan started and won a war in a time laps of fortyfour days. From the perspective of international law Azerbaijan’s military operation reopened the question of whether an occupied territory can be liberated by force more than a quarter century after such occupation took place? With other words, have the state right to use force to end occupation of its territory decades after cease-fire? What, at all, is (for these cases) the status of force under international law? Thus, what is the right of Azerbaijan to use force? In this article we tried to find answers to these questions.

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