The previous section is here.
Part 8
Pastinfo continues its series of publications titled “‘Justice’ According to Azerbaijan,” analyzing the indictment and verdict in the case of Ruben Vardanyan. For professional legal analysis, we engaged Taron Simonyan, an expert in international law and founding partner of the ELL Partnership law firm.
Today, we analyze the charges under the category of “War Crimes.”
Read also
II. WAR CRIMES
Article 115.2 — Violation of the laws and customs of war
Alleged Act: Use of prohibited methods of warfare: landmining; “at least 1,087,226 landmines” across an area of 1,166,702 hectares (September 1988–September 2024).
Evidence Underlying the Charge: There is no evidence establishing a link between Ruben Vardanyan and the landmining operations. The prosecution relies on general data from the Mine Action Agency of the Republic of Azerbaijan and testimonies of mine explosion victims. The thesis asserting an “acceleration” of landmining following Ruben Vardanyan’s move to Artsakh is unsupported by any order, map, military unit, or comparative data.
Imposed Penalty: Imprisonment for a term of nine years.
Taron Simonyan’s Legal Analysis: Liability under this article attaches to an individual who personally employs prohibited methods or orders their execution. The verdict contains no military order, no designated unit, and no mined location linked to Ruben Vardanyan.
The assertion that “landmining accelerated” is a comparative thesis that inherently requires numerical proof: how many mines were laid prior to his appointment versus how many were laid after? The court presents neither figure.
Article 116.0.1, .2, .10, .11, .16, .18 — Violation of the norms of international humanitarian law (Methods causing widespread destruction, environmental damage, attacks on civilian populations, violence and destruction of property, prohibited weapons/means, unlawful detention of protected persons)
Alleged Act: 18,850 murders and 56,268 attempted murders (1988–2024); 1,284 hostages; use of cluster munitions and landmines.
Evidence Underlying the Charge: There is no evidence confirming any action by Ruben Vardanyan regarding any of the six distinct counts. The case relies on testimonies from approximately 540 victims questioned in court and various forensic medical reports. Out of these victims, only three even mention Vardanyan’s name. Two refer vaguely to “formations funded by Vardanyan,” and the third references information heard on “social media.” The victim pool even includes individuals involved in non-combat accidents.
Imposed Penalty: Imprisonment for a term of 20 years, a single aggregate sentence covering six distinct sub-clauses.
Taron Simonyan’s Legal Analysis: Six sub-clauses presuppose six distinct offenses: damaging the environment, attacking civilians, and unlawfully detaining individuals are legally distinct acts. The law mandates proving each offense individually and issuing a separate sentence for each. The court fails to describe any specific action taken by Vardanyan for any of these counts and instead imposes a single aggregate penalty.
The prosecution’s own evidence demonstrates the groundlessness of the charges: out of roughly 540 victims, not a single one describes any direct act committed by Vardanyan, while the three who mention his name rely entirely on hearsay.
Included within this same body of evidence are incidents such as a vehicle sliding into a mined zone due to rain, along with a soldier slipping at night while carrying an ammunition crate. These occurrences are categorized as consequences of a war crime, effectively attributing legal culpability to events that are mere accidents, rather than intentional human acts.
