Summary: Nagorno-Karabakh is not recognized by any 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 Mirzoyan provided 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.”

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, the HALO Trust destroyed an unexploded PTAB-1M submunition found by a farmer on agricultural land near the village of Mugalny.[3]

Use in April 2016

In May 2017, the Minister of Foreign Affairs provided to the Monitor evidence of the use of cluster munitions in April 2016, by Azerbaijan. “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 Trust cleared more than 200 unexploded cluster submunitions from the two locations.[4]

The Monitor had previously reported that the alleged use occurred during the first week of April 2016, during fighting across the line of contact separating local Armenian-backed separatists and Azerbaijani forces. Ground fighting was confined to areas close to the line of contact, but 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.[5]

Previously on 8 April 2016, HALO began emergency clearance operation in cooperation with Nagorno-Karabakh’s Emergency Situations Service and within 10 days reported the clearance and destruction of close to 200 unexploded M095 DPICM-type submunitions from near the villages of Nerkin Horatagh and Mokhratagh, close to the town of Martakert in northeast Nagorno-Karabakh.[6] HALO also found remnants of Israeli-produced LAR-160 surfaced-fired rockets, which deliver the M095 DPICM submunitions.[7] The cluster munitions were reportedly fired from Azerbaijan.[8]

In April 2016, media documented the remnants of the cargo section of 9M55K 300mm Smerch rockets in the southeast of Hardut district near the borders with Azerbaijan and Iran.[9] Correspondents from Russian media outlet Sputnik photographed remnants of the cargo section of 9M55K Smerch rockets in a cemetery outside the village of Shukyurbeyli in Hadrut region. According to the report filed on 6 April 2016, Azerbaijan fired the Smerch rockets on the night of 4 April.[10]

Azerbaijan and Armenia have both denied using cluster munitions in the brief conflict and accused the other side of using the weapon against civilians.

On 28 April 2016, a spokesperson from Azerbaijan’s Ministry of Foreign Affairs claimed that “Cluster munitions used by the Armenian troops against the civilian Azerbaijani population living densely along the line of contact aimed at intentional destruction of manpower, do not bear any military goal and serve solely to perpetrate mass killings among the civilians. Unexploded cluster ordinances are source of threat for the lives and property of civilians for a long period of time.”[11] Azerbaijan media published a photograph on 27 April 2016 showing an item it alleged was a “POM-1” cluster munition used by Armenia.[12] However, the photographs do not depict weapons, but rather the coolant bottle for a thermal site used on an antitank guided missile system.

On 6 April 2016, a spokesperson from Armenia’s Ministry of Defense issued photographs showing the remnants of Smerch rockets that he claimed Azerbaijan fired into Nagorno-Karabakh. The article stated that Armenia and Nagorno-Karabakh “do not possess weaponry of this kind.”[13]

Cluster Munition Monitor was not able to conduct an independent investigation to make a conclusive determination about responsibility for this cluster munition use.

Previous use

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.[14]