Armenia’s Constitutional Court Approves Key Border Demarcation Regulation with Azerbaijan

In a critical development for Armenia and Azerbaijan's border relations, Armenia’s Constitutional Court has confirmed that the regulations governing the joint demarcation commissions between the two nations comply with the Armenian Constitution. This regulation is part of the ongoing efforts to settle long-standing territorial disputes and enhance border security between the two neighboring countries.

The regulation, officially titled “On Joint Activity of the Commission on Demarcation and Border Security of the State Border between Armenia and Azerbaijan and the State Commission on Demarcation of the State Border between Azerbaijan and Armenia,” outlines how both nations will cooperate on demarcating their shared border. This is an essential step in resolving disputes that have fueled tensions for decades, particularly following the 2020 Nagorno-Karabakh war and mass exodus.

The regulation was first discussed during the 8th session of the Armenia-Azerbaijan demarcation commissions on April 19, 2024. After months of negotiations and adjustments, the final version of the regulation was signed on August 30, 2024. The commissions from both Armenia and Azerbaijan worked to agree on the guidelines for their joint activities in handling the sensitive border issue.

The Armenian government approved the regulation, describing it as a high-quality document, fully aligned with international standards set by organizations such as the Organization for Security and Co-operation in Europe (OSCE). Armenia’s Minister of Justice, Grigor Minasyan, emphasized that this regulation plays a crucial role in stabilizing Armenia-Azerbaijan relations.

“This regulation is a vital legal step in the border delimitation process. It follows international guidelines and moves the discussions from diplomatic talks to formal agreements that both sides must honor,” said Minasyan in a briefing with reporters. After being approved by the government, the document was submitted to the Constitutional Court for legal review, a key step before it could be fully implemented.

Border disputes between Armenia and Azerbaijan have been a long-standing issue, especially since the collapse of the Soviet Union left many territorial lines unclear. The 2020 war further complicated matters, leading to increased tension along the border and affecting local populations – which lead to complete ethnic cleansing of indigenous Armenians from the region. The regulation on joint activities between the two countries’ border commissions is an attempt to clarify these boundaries and reduce the risk of conflict.

Despite this progress, many Armenians are concerned that the agreement leans too much in favor of Azerbaijan’s interests. This is especially true in terms of the documents and maps being used to finalize the border. While Armenia has pressed for the inclusion of Soviet-era maps that are critical for an accurate demarcation, these maps remain in Russia’s archives and are currently inaccessible. Without these documents, it is difficult to ensure a fair and precise delimitation of the border, leading to frustration and uncertainty.

While the regulation represents a major step forward, several critical issues remain unresolved. One of the most pressing is the status of various enclaves and the presence of Azerbaijani military forces inside Armenian territory since 2020. Azerbaijani troops have established positions within parts of Armenia, and their continued presence has raised security concerns, particularly in regions like Tavush and Syunik, where border incidents have been frequent.

In addition, Azerbaijan has demanded the withdrawal of the European Union Monitoring Mission (EUMM), which was deployed to monitor the border area. This mission is seen as a safeguard by many Armenians, as it helps document any violations or aggressive actions by either side. Azerbaijan’s request to remove the EUMM has raised fears that the situation could deteriorate further if international oversight is reduced.

Another significant concern is the fate of Armenian prisoners of war (POWs) still held in Azerbaijan. Despite ongoing talks, many Armenian soldiers, including high-level officials, remain in custody in Baku, and their release has become a central issue in peace negotiations.

The border demarcation process has also caused anxiety among residents living near the Armenia-Azerbaijan border. In regions like Tavush, where communities have been rebuilding after years of conflict, the uncertainty surrounding the new border lines threatens to disrupt their lives once again. Local farmers, business owners, and families fear that the demarcation process could lead to loss of land, economic instability, and renewed violence if tensions flare up.

Unfortunately, the regulation does not contain specific provisions to protect the well-being of these border communities. This lack of clarity has led to growing concerns about how the new border agreements will impact daily life, particularly in areas where tensions between the two countries remain high. Without guarantees of safety and stability, the people living in these regions remain vulnerable.

The OSCE has played a crucial role in overseeing the border delimitation process, providing guidelines and ensuring that the agreement is in line with international norms. However, the success of the regulation ultimately depends on the cooperation of both Armenia and Azerbaijan and their willingness to engage in continued diplomacy.

The European Union, through its EUMM, has also been a key player in monitoring the situation on the ground. However, Azerbaijan’s recent calls for the mission’s removal have raised concerns about the future of international oversight in the region. If the EUMM is withdrawn, it could increase the risk of border skirmishes and complicate the already delicate negotiation process.

Looking ahead, Armenia faces significant legal and political challenges as it moves forward with implementing the border regulation. The Constitutional Court’s approval is just the first step in a complex process that involves addressing unresolved issues, continuing negotiations with Azerbaijan, and ensuring that the agreement aligns with Armenia’s national interests.