The ArmeniaÃ¢ÂÂAzerbaijan Nagorno-Karabakh Conflict and New Threats to the
International Security Architecture in the Modern Period: Challenges and
Baku Slavic University, Baku, Azerbaijan
- *Corresponding Author:
- Sadir Mammadov
PhD of Law
Baku Slavic University
Received Date: Jan 09, 2017; Accepted Date: Aug 12, 2017; Published Date: Aug 21, 2017
Copyright: © 2017 Mammadov S. This is an open-access article distributed under the terms of the Creative Commons Attribution License,
which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
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In the work expressed the new treats and dangers in the present international arena, their heavy blows that delivered to the system of international security, maintenance, reasons, development dynamics, raising of mentioned problems in the international law system, including to make an effort for analyzing “hot points” viewpoint of international law expressed in details in the sample of Armenian-Azerbaijan Nagorno-Karabakh conflicts. In the work also given to the attention the investigations on the solution and managing of these problems, including to the positions of a number of specialists. One of the most interesting moment in the scientific work are the lightening of ISIL, cybercrimes, beside with Ukraine crisis, meeting of Europe with the migrants flow for the recent years, and all mentioned problems clarified viewpoint of multi culturological aspects. In the scientific work investigated and analyzed the ethnogenez of ethnic conflicts, and put forward the recommendations about their regulation, and solution. Analyzed the factors of raising the Nagorno-Karabakh conflicts, regulation ways of solution of this problem, and the dangerous double standard policy have infected in the scientific work. Thus, the terrorist threats, as well as "frozen" conflicts, resulted in a need to deepen interstate cooperation in the security sector.
Ethnic separatist tendencies; International
security; Intensification of migrant problem of Europe; Indian
theatre; The OSCE Minsk Group; The UN Security Council
The tragedies happened on September11, 2001, was not
against of USA, it was also against of whole humanity
civilization. Those horrible terror acts had put end to the life of
thousands people of USA and beside that the same act gave a
new foundation for the new regulation of the Security system
of UN. This act brought the threat of terrorism to a new level –
there was more than three thousand victims. Such threats to human life rise the priorities of collective security in global
The scientific innovation of the work is consisted of prism of
international security system of Armenia-Azerbaijan Nagorno-
Karabakh conflict, the foreshortening of challenges and threats
in the world policy, the least Ukraine and Crimea conflict and
after them Kosovo, the inclination of scientific and theoretical
viewpoint of the sight of acknowledgement of de-jure of the
South Ossetia and Abkhazia by the states of USA and Russia,
also it consists of analyzes and prognosis.
View point of justice the norms of the international laws in
the conflict of Armenia- Azerbaijan Nagorno-Karabakh conflict
support Azerbaijan . Because the history and facts proves
that Armenians live with the dreams of “Great Armenia” and
Armenian ideologists named the carried out terror acts and
the genocide policy as the “national struggle” for the
realization of those dreams. All carried out acts are supported
as the states policy by the state of Armenia. For this reason
Armenians became to the speakers of interests of definite
foreign powers. The terror acts carries out on 11th of
September, 2001s, - was consisted of range of terror acts that
realized against of Washington and New-York cities of USA by
the terror organization of Al- Qaeda [2,3].
At 8:46 AM the passenger air plane belonged to “American
Airlines” company banged to the North Tower of the World
Trade Center in New-York but at 9.03 AM the same terror act
realized against the South Tower too. Those towers were built
enough durable against of airplanes attacks. But inside of
those towers unknown persons placed very powerful explosive
substances and at the result of air plane bang both towers
knocked down. 40 minutes later the last attack to the Ministry
of Defense of USA–Pentagons buildings realized and knocked
down by the self-murdered pilots of air-plane. 25 minutes later
the same terror act, one more air-plane that was stolen for the
same aims and had rendered harmless by the air defense
powers. That attack was planned for the White House [4,5].
At the end of those terror acts more than three thousands
innocent persons died and more than six thousands persons
All those terror acts were the reason for the USA to start the
struggle against the terrorism, at first against Afghanistan then
against Iraq and then to start the struggle against anti-Islamic
propagation in the world.
The investigation methodology of the scientific work reflects
the synthesis of the modern scientific-theoretical methods.
As the most important part of investigation methods is the
content-analyzes, and by the mean of this method the
influential character of socio-political, and cultural factors to
the geopolitical evolution of the world’s political map exits as
the investigation object.
The purpose of the writing of the present scientific work
consists of analyzing of regulation ways of Armenia-Azerbaijan
Nagorno-Karabakh’s conflict in the background of the new
treats and dangers.
Views on Modern Threats to Global
Under the leadership of ex-president George W. Bush the
Administration of USA offered excuses to the terror act of the
11th of September and occupied Afghanistan because of he
decided those terror acts realized by the members of al-Qaeda
that belonged to Taliban regime in Afghanistan [2,3].
All these accidents influenced both to the political view of
the world and to the positions of the states. Politologist and
deputy Rasim Musabayov said that after breaking down Soviet
Union, United States has considered itself the one powerful
state of the world for tenth years. But all realized terror acts
had changed everything.
In addition, Azerbaijan jointed to the coalition that created
after the terror acts of 11th of September.
Those acts have not changed the vector of foreign policy of
Azerbaijan, but our country could absolutely influenced to the
strategic importance of America.
Azerbaijan has started to be more active in the spheres of
intelligence services and directly with USA in the struggle
against of terror networks.
We should note that the terror acts of the 11th of
September had changed the regards to Muslim and to whole
Islamic relation in the world. The same terror act created cleft
between Muslim world and western. Increased efforts on
junction Islam with the terror and at the same time, viewpoint
of modern Islamic country has grown the importance of
Azerbaijan for America.
Day by day the technologies develop and the quality of
appropriation also the quality of these technologies is growing
and beside this, the crimes against those informational
systems is increased too [6,7]. Cybercrime is a type of crime
realizing against of security of informational system, the
information connecting to that informational system, the target of users with utilizing of these informational systems.
The differing peculiarities of cybercrime from other types of
crimes is its utilization without any informational system. Such
type of crime could be named as the crimes of computer or
When we look at the perspectives of Cybercrimes’
Convention, it means that cybercrime is such crime that
realizes without any permission and under illegal conditions.
The target of these crimes could be just one person and
his/her property or one system. For example, with illegal
existing to the system they plan to harm persons, to strike
information, make passwords, getting or adding the
information, prevention of utilization from the system,
intervene the secrecy of the personnel life of humans,
prevention of sociability, pursue the sociability without any
permission, also to make note all our sayings are valued as the
measures of cybercrime.
To say shortly the word of hacking means the existence to
the information system without any permission . Illegally to
enter to any information system or without any permission of
owners means the crime. Such action as in many countries of
the world also in our country means crime. In generally, the
same crime creates conditions for other crimes too.
The information directed to the crime.
It means hacking to the system for prevention of its security.
It realizes with downloading harmful programs and catches the
web-site and with BOT enters to the computers and sends
many messages to the users and prevents their utilization in a
short time. This act could be imagined as in the same time just
ten persons want to enter to the market but here more than
ten thousands persons are at the door of the market. We
should note that the same crime could be realized for the
trade purposes but it has proved that it realizes for political
and terror acts plans too.
Sexual exploitation of children and
pornography Online organized gambling
For example, gambling – houses as the gambling – cafes in
the streets, but online they are realized with paying some
money and plays illegal gambling games and make a bet on
On online condition who ensures gambling games or
created such organizations at the present-day is validated,
arrested and is pursued.
Skilled interactive trickery
Such informational system is the trickery and roguishness
types of crimes that realizing with the means of bank and
The creation of false e-mail addresses, striking of user’s
information, with the false web site entering to user’s web
from users’ should be valued as the crime.
This type of crime means with a number of useless
programs for getting information without any permission of
owners or illegally by the ways between websites and systems.
The crimes of banks and credit cardssite and striking and
breaking private information and utilization of their
information for getting profits
Such type of crime means that breaking of bank and credit
cards’ magnetic card information with the copying or
necessary information of mail orders of information systems
and their illegal utilization or their utilization without any
permission of their owners. The fight against cybercrime has
become to one of the most important elements of
informational security architecture of 21st centuries.
The conception of global security
Guarantee of global security is connected with the reduction
of pressure of global problems to the world society . The
global problematic is the most urgent problems of UN General
Assembly and its special committees acts. For studying and
understanding political aspects of global problems of modern
period have created some respectful commissions on the base
of UN’s effort. These commissions present their sum reports to
the General Assembly of UN. Thus, in 1992, was held on the
conference on “Protection of Environment and for their
development” of UN in Rio-de-Janeiro and created the
“Balanced Commission”. The same commission conveys the
intergovernmental characters and joins 52 members. That
commission at the present-day is the center of coordination
and agreement of all programs realizing by organs of UN. But
the same commission should not be consider as the simple
administrative and directive organization, because the
commission carries out general political leadership for realizing
balanced development, especially it realizes the 21st Program
(the Program of 21st centuries) that adopted in Rio-de-Janeiro.
In the generalized form the source program consists of the
followings: fight against the poverty, reduction of acts of
modern techno spheres, protection of sustainability of
biosphere and the consideration of conformity of natural laws
of during the adoption of political, economic and social
The global security has both general and comprehensive
characters. The general characters means the mutual efforts
agreement of all members of the world union for guarantee
global security [9,10]. When we say comprehensive character
of security means the consideration of all critical conditions in
the development of the world’s society during its guarantee
and also it means, the consideration of adoption of orders for
protection of strengthening and stability of life guarantee
system of modern civilization.
The global mechanisms of guarantee of international
security has its own legal basis . Exactly the same legal
basis realizes the regulation function of activity in the sphere
of guarantying the national security of membership states of
UN. The UN Charter considers not only guarantee the
international peace and security also that committee create
the mechanisms of its realization. The Security Council of UN
takes the main place in the guarantee of international peace
and security (SC) .
In the political and legal guarantee of the international
peace and security the Security Council means the main body
of UN. In accordance to the UN Charter, for the protection of
international peace and security the Security Council bears the
The Security Council consists of fifteen states (but till the 1st
of January, 1966, it was eleven) . Five of them are constant
and ten of them are with non-constant statuses. In accordance
to the UN Charter Russia (till the 24th of December, 1991,
SSR), China, USA, France and England are constant members.
So that they all are more bear responsibilities in the protection
of the international peace security. What about non-constant
members of SC, till 17th of December, 1963, according to the
statement of GA of UN their quote determined as following:
five countries should be from Asia and Africa, one state from
In the UN Charter has reflected the duties responsibilities
also the functions in the sphere of protection of the
international peace and security were put in front of SC’s
members: the protection of international peace and security
(article no. 23), giving reports for a year and if it is necessary to
give special reports too (article no. 24), for realizing their own
functions to create important bodies (article no. 29), the
determination of procedure rules (article no. 30), giving some
recommendations for solution the argument (article no. 30),
study of conflictive situation of the international tension or
any argument that can be create argument in the future
(article no. 34), the determination of threat and menace
against of peace (article no. 39), to give some
recommendations on receiving memberships for GA, to give
recommendations for the new Secretary - General of GA
(article no. 97), to participate in election of members of the
International Court together with the members of HA.
In the UN Charter, for guarantee the peace and security
there are some solution ways of conflicts and arguments with
peace. In the article no. 33 of the UN Charter has shown two
main sources of solution of conflicts with peace: 1) with the
efforts of conflictive sides. 2) with the participation of the third
In the same article has also shown other types of peace
sources-debates, mediation, court and arbitration procedures.
UN for guarantee the international peace and security can
make stop the military operations that mean compulsory
measures and can realize the sanctions. The roles of UN’s
activity in the sphere of guarantee the security can be very
different. SC of UN determines its methods and means in
accordance to the threat degree of menace. The UN Charter (article no. 40) allows SC to realize temporary obligatory
mission for not widening and increasing conflicts. Temporary
obligatory measures are: stopping the fire, to return army (or
force) to the previous position, drawing the temporary
democratic lines; the creation of disarmed zone.
In according to the 40th article here is intended carrying out
peacebuilding operation too.
If we see the difficulties of situations in the Security Council,
it can apply more hard sanction and can even use from the fire
. To the first notes includes – complete or partly break off
economic relations, also breaking off railway, sea, air,
telegraph, radio and other relations and even the diplomatic
relations too. SC has used from non-military characteristic
sanctions for many times against of following countries – the
North Rhodesia (in 1966-68s), NAR (1977), Iraq (1990),
Yugoslavia (1991), Livia (1992), Somali (1992), Haiti (1993),
Angola (1993), Ruanda (1994), Liberia (1995), Iraq (2003).
Sanctions does not mean only the bringing the fires to the
country and the embargo against of other problems, it can be
a number of financial sanctions too.
The operations for guarantying peace by UN have
formalized and are continued at the present-day. There are
two types of operations: 1) the mission of soldier controllers
consist of armless officers “blue berets”. 2) National Military
Unities with provision light arms – “blue helmets” – the
operations of peace guarantee (the first such operation was
carried out in Near East, in 1956). Both two operations were
realized more than fifty times till 2003.
The Global theory of guarantying the International
Comprehensive Security has reflected on reports of GA of UN:
“About the creation of comprehensive system if international
peace and security” from the 5th of December, 1986 to the
7th of December, 1987; “the approach to the comprehensive
international peace and security strengthening according to
the UN Charter” has begun to apply since the 7th of
December, 1988. The importance of the same theory consists
of the creation such bodies in the system of international
relations that can be create the strong, security, non-violent
world. The comprehensive international security system look
through the following the most different aspects of mutual
relations and mutual dependence; political, economic,
scientific, ecologic, humanitarian, military, international, trade,
financial and etc. such complex approach demands the
development and strengthening of whole international
Representation of Ethnic Conflicts and
As we know, the separatist regime in Nagorno-Karabakh has
created on ethnic minority sighs by Armenians that were
national minorities in Azerbaijan and disgraced “Republic of
Nagorno-Karabakh” has not recognized by any international
organizations till the present-day. Ethnic, religious and
language minorities could pretend the recognition their own
interest with respect in the frame of the international democratic state and in cultural autonomy viewpoint of
international law (article no. 27 of the international pact about
civil and political law). However, the international law has not
recognized the democracy and the democratic state rights for
these minorities . Accordance to Russian researcher Y.A.
Reshetov “adopting the right to self-determination as a right of
secession means as the conception of extremist interpretation
of law”. According to Prof. G.B. Starushenko “to defend the
principle of self-determination and the breakup should not be
equal to the promotion of separation of the countries and
continents”. I am sure that the same thoughts we can say
about Dnestryan, South Ossetia and Abkhazia, Kosovo and
other similar ethnic conflicts. Unfortunately, instead of the
international law gives opportunity to this policy, but the of
double standards policy that pursued by the forces of the
world does not allow it. On October 2-3, 2014, the Fourth
International Humanitarian Forum in Baku, Ilham Aliyev the
President of Azerbaijan certainty considered this factor when
he spoke about UN Security Council’s double standards.
When we talk about the role of “Minsk Group of OSCE of
the Armenian-Azerbaijani Nagorno-Karabakh conflict must
mention that the mandates of the international conferences
co-founders under the aegis of OSCE on Nagorno-Karabakh
(Minsk Conference) was established on 23 March, 1995 .
During in all these periods MG with their inept and unstable
activities viewpoint of contradictions between the US, Russia
and the West-Russia became to real representatives of double
standards policy, demonstrated equal and the same approach
to conflicting sides with international legal status, and tried to
create equate environment among Azerbaijan that 20% of its
territories occupied and occupier Armenian. Over the last 20
years, MG put 3 offers on the round table - stage, packs and
“single state” variants, but since 2007, MG participated with
hybrid, Madrid principles reflecting the stage, package offers’
synthesis for solution the conflict again, then the sides have
added a number of additions to the documents and named as
renewed Madrid principles. The same principles noted by the
president of Russia and France as C8 on June of 2009, in the
Summit L'Aquila, repeatedly on 26 June of 2010, in the Magog
city of Canada the USA and co-chair states leaders’ sum
reflected on the Magog declaration.
These principles are as follows:
1. The returning of the territories surrounding Nagorno-
2. Guarantees of security and self-government reflect the
interim status for Nagorno-Karabakh.
3. Provision of a corridor linking Armenia and Nagorno-
4. With the referendum determination of the final legal
status for Nagorno-Karabakh with absolute legally power.
5. Returning of refugees and internally displaced persons to
all former places of their residence.
6. The provision of international security guarantees and
implementation of peacekeeping operations.
Dated on December 1, 2010, the OSCE summit in Astana has
been issued a joint statement on the Nagorno-Karabakh
conflict. The statement has signed by the member states of
Minsk Group, D. Medvedyev which then was the President of
Russian, former Hillary Clinton State Secretary of USA and
former French Prime Minister F. Fiyon, as well as the
presidents of Azerbaijan and Armenia.
On the statement has been mentioned once more about the
staunch of sides to the norms of international law and
principles of the UN Charter, to sum declaration of Helsinki of
1975, including to the declaration of C8 of 2009, the summit of
L'Aquila (Italy) in according regulation processes.
“As Azerbaijan has noted for many times the start of
liberation of the occupied territories and its surrounding
regions in Nagorno-Karabakh and opening of the Armenian-
Turkish borders and normalization of relations, the accession
of Armenia to regional infrastructure projects and to be a
catalyst for other processes. However, the Armenian
government has become characteristic of the political
settlement of the conflict, and its trait of not being interested
in forecasts was caused the end of the regulations with
When we talk about the World powers and the OSCE Minsk
Group's activity observed in recent years must mentioned that
the activity especially in 2013, the Vienna meeting, the 2014
Sochi, New-port and Paris meetings with positions of the sides
should be valued as the effort of nearness in the frame of
preventive diplomacy. “When we talk about the preventive
diplomacy it means the prevention of growing of
contradictions between the parties, prevention of existing
disputes and its transformation into conflict, intending to limit
the scope of the conflict.
The peace building consists of warring parties to the peace
negotiations provided in the Chapter V of the UN Charter and
other peaceful means of actions aimed to bring the agreement
On October of 2014, World Youth Forum held in Baku,
during the speech of the Ilham Aliyev the President of
Azerbaijan; he considers that Armenia poses a main threat to
security in the region.
Currently, the Nagorno-Karabakh situation remains strain
and is characterized as a frozen conflict. Entry into the
unrecognized republic is possible only from Armenia. Nearly
total isolation leads to serious humanitarian crises, as well as
to increasing number of refugees.
As the most serious threat to international security system
in the modern world, we should also note the ISIS terrorist
grouping of “the Islamic State of Iraq”. As the radical Islamic
groups across the organization, Iraq, Syria and other Middle
Eastern countries and territories to establish the Caliphate
under the veiled religious slogans way is intended to establish
the kingdom of their own geopolitical and economic funding.
Here seems that ISIS intended to involve Turkish state in the
conflict by the means of a number of international supporters and in this way become to a general ache for new initiatives in
whole the Turkic world.
Another threat center to the international security in light of
the events in Ukraine and the Crimea, the United States and
Russia and in generally, economic and trade sanctions imposed
by the Western - Russia relations, official Moscow and Western
countries. Central Europe, which greatly altered the longstanding
ethnic conflict in international law, international
forces are interpreted in its own way. Recall that the vote in
UN Azerbaijan officially supported the territorial integrity of
Ukraine and in PACE did not use the right to vote.
Talks in the format of Moscow + Kiev + EU, and in the frame
of Minsk-2 consisted of two stages of talks - the political stage
and the gas, then “Putin's plan” and a thousand cubic meters
of gas has been identified to pay the amount of 378$ USD for
Kiev instead of this active military operations is still continued
in Donbas and Luhansk territories.
“One thing is clear – does not matter with which situations
ends Ukraine, but the world will never be the same”. At least
since 1945, till the present-day to change the map of Europe
with the option of hybrid voluntarism referendum on the base
of the state’s position and will absolutely impact on other
centers of ethnic conflict zones in the post-Soviet space. From
the point of view of Italy, in an interview to “La Repubblica”
disgraced former president of the USSR Mikhail Gorbachev
said such opinion as “the international community must be
reconciled with the fact that the Crimea belongs to Russia”
. The real script writer of the collapse of the Soviet Union
and a number of ethnic conflicts, forgetting about Nobel
award, spoke viewpoint of velicorus nationalist platform and
just painfully regret to inform about poured out blood
between two Slavic peoples.
The fact is that the Armenian writer Z. Babayan’s work of
“Fire” funded the ethnic conflicts in the “domino principle”
and reached from the former Soviet Union to Eastern Europe,
Genocide in Khojaly tragedy of the century in 1992, Baku
terrorist acts in 1994-1995s, the “independence parades”
resulted with the radical geopolitical chaos that threatens the
security columns of the modern Eurasia. I am sure that “Arab
Spring” and ISIS scenario we live in today, as an integral part of
the threats and challenges of the new USA-Russian relations is
completely demonstrated the irreconcilable contradictions. In
the countries being occupied by the foreign forces not only
providing democratic development, even the protection of
political stability is very difficult.
At finally, USA government has assumed the mission to
teach the world on the subject of “democracy”, which began in
the mid of 2014, Fergusson events (Missouri State) actually
failed the exam. The modern world, could see the contrasts,
mutual hostility witnesses between white and black cultures in
The Fergusson events, including the USA Constitution of
1776, the Geneva Convention of 12 August, 1949, also the
Final Act of Helsinki in 1975, clearly demonstrated to the world
how USA government “follows” the rules.
In the architecture of the international security is forming
one more treat source for the last years. İn the result of “Arab
spring” in the Near and Mideast countries, also the current
Civil Wars happening in Iraq and Syria, through the West
Greece and Hungary flowing million migrants to the West
Europe. The same processes are long-lasting and at the same
time, makes difficulties for relations of inter-religious and
inter-civilizations with deeply influencing to the demographic,
cultural and spiritual images of the countries of Western
Europe and to the their labor markets too.
Migrant’s law is one of the international and universal laws,
which expressed on the Geneva Convention, on August 12,
1949. But, in the “oldest countries” has not still any concrete
public thought about this problem. And the governments of
the western Europe instead of want to bring “the new blood”
for their society, they have to take attention of thoughts of
radical and extreme rightness political circles’ too. The
extreme religious circles of European countries do not hide
their anger, and they are against of migrant’s flow, but
ultranationalist parties think that by this way could gain more
political dividends for the future local elections and for the
constitutional referendum of the Supreme Court of European
Union. Here we should note that the conservative circle of
Great Britain want to leave the European Union and the same
approach, also badly influences to the international image of
The resolution on Human Rights in the Azerbaijan Republic,
which adopted on September 11, 2015, by the Parliamentary
Assembly of the Council of Europe (PACE), also proves that the
same body became to a hostage of course of double standards
and totally its politicizes. Connected with the taking into
custody of some NGO leaders, and persons calling themselves
as the defenders of human rights in Azerbaijan, the same
organization is in malevolence relations with Baku. And Baku
manifested itself during the European Games on 12-28 June,
2015, but in real has been based on requirements of
completely representations of the Western circles’ energetic
interests in Azerbaijan. This international organization by an
official Baku has been pretended the limit to the members of
observant of OSCE that was connected with the Parliament
elections on November 1, 2015, but we do not why this
organization in malevolence with Azerbaijan, and for some
reasons not even once has not criticized Armenian Republic for
the occupation of Azerbaijan lands, and has never attested any
official documents about the rights of more than 1 million
Azeri refugees and migrants. Such approach is the distinctly
example of double standard policy and even impeaches the
future political dialogues between West and Azerbaijan and
should be considered as the ingredient of the new imperialist
21st century in the mankind history beside with the sensible
highest technologies and human resources, we are sorry that
can see a number of devastating tendencies too. The new
treats and dangers make very serious difficulties in the many
activity areas of humans, and in generally, makes serious impediments in the political, social, public, and culturalhumanitarian
areas of the world peoples and states, including
makes clearly known the real contradictions and existing
differences among different civilizations. This problem conveys
national character and makes very important processes of
their comprehensively investigation and analyzes viewpoint of
the international law sciences.
With assurance, we can say that a number of treats directed
to the architecture of the present international security are
sourced from the differences and double standard policy of
geopolitical interests of the state. Ethnic separatism and
starting of this processes and different approaches to their
development, evolution of religious extremist by the different
geopolitical power’s centers viewpoint of their own
cooperative interest, efforts for utilization of their cultures as
political tools, and at the end to humiliate the prophet, ISIL,
ideas of mutual territories creates endless confrontation
environment among inter-civilizations. In this case, the law
codes and generally, identic regulations of the international
law, norms and principles lose their power, also tightening the
square of international law application.
Thus, collective security is a priority in interstate
cooperation. It is necessary to seek for new constructive ways
to resolve frozen conflicts, such as Nagorno-Karabakh.
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