Baku Slavic University, Baku, Azerbaijan
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 policy.
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 injured.
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.
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 internet.
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 something.
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 credit organizations.
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 spheres.
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 responsibility.
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 other countries.
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 side.
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 relations.
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- Karabakh.
2. Guarantees of security and self-government reflect the interim status for Nagorno-Karabakh.
3. Provision of a corridor linking Armenia and Nagorno- Karabakh.
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 luckless” .
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 USA again.
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 this Organization.
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 policy.
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.