Martial law restrictions 'may hamper Armenian POWs’ return,' says Chamber of Advocates chief

The continuing martial law, which Armenia declared after the start of military hostilities in Karabakh (Artsakh) back in September, may hamper the process of returning our prisoners of war (POWs), says Ara Zohrabyan, the chairman of the Chamber of Advocates .

In an interview with Tert.am, he cited the mandatory procedures under Article 118 of the Geneva Convention relative to the Treatment of Prisoners of War (the release and immediate repatriation of POWs after the cessation of active hostilities), noting that the November 9 ceasefire, particularly provision 8 thereof, “outlines no specific timeframes” for facilitating the swap (despite the use of “without delay” in the Convention to which Armenia is a Party).

“The martial law may be an objective obstacle under such circumstances as it will give Azerbaijan legal grounds to insist that the military actions have not been ceased by one of the Parties to the Statement, i.e. – Armenia.” 

Zohrabyan said he sees a political bias behind the decision to maintain the special regime.  “The grounds for maintaining the martial law have been eliminated. The government too, in essence, has lifted reduced several restrictions but it hasn’t lifted the martial law. The only logical answer is in the political domain,” he said, citing the constitutional ban on impeaching the prime minister under the circumstances.

Accordign to Zohrabyan, the restrictions should have been removed along with the signing of the Russia-brokered ceasefire. “If the trilateral statement, signed on 09.11.2020, practically led to the cessation of hostilities, the martial law should have been lifted too. The armed  forces of Armenia, regardless of the martial law, are obliged to defend the country’s borders under the Constitution. The martial law, therefore - as I already stated - pursues only the agenda of suspending the opportunity to impeach the prime minister,” he added.

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