THE EVALUATION OF THE KARS TREATY OCTOBER 13, 1921 – 2021-4

According to modern historical science of the Republic of Armenia (1991-2021)

Summary

Lilit Hr. Hovhannisyan
The history of the treaties of Alexandropol on December 2, 1920, Moscow on March 16,
and Kars on October 13, 1921, logically related to each other, is the most disputable and the
most difficult in terms of evaluation in the series of the international diplomatic documents on
the Armenian question.

Nevertheless, the most discussed of the above three treaties in Armenian
historiography is the Treaty of Moscow, and the most underestimated – the Treaty of Kars,
although the Armenian-Turkish relations have been regulated by this treaty since October
13, 1921. The military-political conditions and goals of signing the Kars Treaty are
examined in scientific works of G. Galoyan, H. Avetisyan, A. Melkonyan, A. Hakobyan, H.
Hakobyan and in joint study of K. Khachatryan, H. Sukiasyan and G. Badalyan. They
emphasize that the Kars Treaty is not an independent document not only in its essence and
content, but also from the point of view of political and international legal norms because
of repetition and fixation of Moscow Treaty in it. Therefore, since the latter in its turn was
signed in violation [the signatories of the treaty without any authority had interfered in the
territorial integrity of the non-signatory sovereign state (states)] of the basic principles of
international law, so the Kars Treaty does not create any legal obligation for Armenia in the
issue of territorial demarcation.

Historians St. and K. Poghosyans, A. Melkonyan, A. Marukyan and A. Papyan
analysed the Kars Treaty from the historical-legal point of view. According to them, the
Armenian part of the Soviet-Turkish border passing through the Akhuryan and Araks rivers
is just a dividing line. It does not have the status of an Armenian-Turkish state border, as
there is no any international treaty on it having legal force. The historians emphasize that
the only de jure border between the Republic of Armenia and the Republic of Turkey is the
Wilsonian border, and the illegal treaties of Alexandropol, Moscow and Kars cannot be the
basis of a legal border. They also note that in case of a new Russian-Turkish
rapprochement, the «confirmation» of the former USSR border’s Armenian part as an
Armenian-Turkish border will mean from a legal point of view a change of the border
because the de jure border between Armenia and Turkey drawn by W. Wilson still in 1920
differs significantly from the Soviet-Turkish border.

The above-mentioned issues have not only scientific but also political significance, as
at present Russian-Turkish relations continue in the Kemal-Bolshevik spirit, keeping
Armenia in the shackles of Alexandropol, Moscow and Kars treaties.

After the joint aggression of Turkish-Azerbaijani armies and international terrorist
groups against the Artsakh Republic in 2020, the Armenian side, appeared in the Turkish-
Azerbaijani-Georgian-Russian «tongs», is facing the imperative of adopting a new
negotiation strategy with the mentioned states having as a primary task the avoidance of
repetition of the Kars Treaty. The Armenian diplomacy must be able to refrain from
excessive haste, to act from the position of the Armenian claims under international law,
also defend the Armenian state interests in direct and mediated discussions in the legal field
on issues related to the borders, territorial integrity and status of the Republic of Armenia
and Republic of Artsakh. And this is possible only in the case of restoration of the
international personality and economic-military potential of the Republic of Armenia got
loose by the Artsakh 44-days war, also the unity and comprehensive cooperation between
the Republic of Armenia, Republic of Artsakh and Armenian Diaspora Javakhk.