Read all about the hypocrisy of the Muslim World

The ethnic Armenian population of the Nagorno-Karabakh enclave in Azerbaijan, a largely Christian community in a predominantly Muslim nation, is experiencing ethnic cleansing at warp speed. Over the last week, almost all of the estimated 120,000 ethnic Armenians in Nagorno-Karabakh have fled west to Armenia.

This exodus follows clashes with the Azerbaijan army that have reportedly killed upwards of four hundred people, including some civilians. The renewed conflict demonstrates the failure of years of diplomatic efforts to prevent the persecution of ethnic Armenians, and remaining options to address the situation with the tools of international law are limited.

The Armenian government has accused Azerbaijan of ethnic cleansing in Nagorno-Karabakh. The term “ethnic cleansing” has garnered varied definitions over the years, but the United Nations describes it as “a purposeful policy designed by one ethnic or religious group to remove by violent and terror-inspiring means the civilian population of another ethnic or religious group from certain geographic areas.”

The use of starvation tactics against ethnic Armenians during the monthslong closure of the so-called Lachin Corridor between Nagorno-Karabakh and Armenia, combined with Azerbaijani army intimidation, resulted in an exodus of Armenians that has triggered the charge of ethnic cleansing. 

While ethnic cleansing is not defined as a matter of criminal law, its attributes appear in the crime against humanity of persecution and as predicates for acts of genocide. International criminal tribunals prosecute those atrocity crimes, and in many such cases, claims of ethnic cleansing have been front and center.

The most prominent example of ethnic cleansing in the last few decades was the forcible removal of the Muslim Bosniak population of Bosnia and Herzegovina by Bosnian Serb (Orthodox Christian) and Bosnian Croat (Roman Catholic) forces in the early 1990s. 

An explicit invocation of ethnic cleansing also can be found in the Responsibility to Protect principle (R2P) adopted by consensus by the UN General Assembly in 2005. R2P states that nations have the responsibility to protect their own populations from “genocide, crimes against humanity, ethnic cleansing, and war crimes.”

But if a government fails to do so, R2P proclaims, then the UN Security Council can act with enforcement power under the UN Charter to prevent and confront such assaults on a civilian population. The Security Council has not acted under R2P in the current Nagorno-Karabakh crisis because Russia, as one of the five veto-wielding Permanent Members of the Council, almost certainly would block any such action while it remains focused on waging a war of aggression against Ukraine.

Do international monitors have a role to play?