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Legal Spirits 070: Religion & Realism: The New US Role in Armenia

Map: The Conversation

In Episode 70 of Legal Spirits, Center Director Mark Movsesian speaks with Dan Harre, Deputy Director of Save Armenia, about a significant—and controversial—draft agreement between Armenia and Azerbaijan. Brokered last month at the White House, the terms reflect a major realignment in the region: Armenia relinquishes any claim to Nagorno Karabakh, Azerbaijan backs off earlier demands for extraterritorial control, and the United States gains a 99-year lease on a key new transit route.

The episode explores how U.S. foreign policy, Christian advocacy, and strategic infrastructure intersect in the South Caucasus. Dan offers a perspective from within the U.S. advocacy world—one shaped by a broader movement to defend Christian communities in places like Iraq and Syria. The episode also considers how groups like Save Armenia navigate diplomatic tensions between Armenia and Israel, and how this moment relates to past decisions about American involvement in Armenian affairs, including the post-WWI mandate the U.S. ultimately declined.

What role did American Christian organizations play in this deal? What’s in it for the United States? And is this a turning point in Armenia’s future? Listen in!

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Posted on by Mark Movsesian

A Draft Agreement in the Caucasus—and U.S. Engagement

Earlier this month, Armenia and Azerbaijan initialed a draft peace agreement at the White House. The agreement, brokered by the Trump administration, has not yet been signed or ratified, but its key terms are now public—and deeply controversial.

Under the deal, Armenia formally renounces its claims to Nagorno-Karabakh and grants the United States a 99-year lease on a new transit corridor through its southern border, part of what the administration is calling the TRIPP initiative. In return, Azerbaijan pledges to recognize Armenia’s current borders and allow reciprocal, unimpeded transit.

For Armenia, the concessions are painful—particularly after the ethnic cleansing of Karabakh’s Armenian population in 2023. But the deal may offer short-term stability and give Armenia time to rebuild. Christian advocacy groups in the U.S., long concerned about religious prisoners and displaced Christian communities in the region, played a notable role in urging American involvement. President Trump’s public reference to “Christian” detainees was no accident.

In a new piece for First Things, I explore what this draft agreement means for the region, why the U.S. chose to intervene now, and whether the engagement we’re seeing today signals a deeper and more lasting American commitment—or simply a pause before the next crisis.

You can read the full essay here.

Posted on by Mark Movsesian

Caviar Diplomacy at the Vatican

Over the past year, Azerbaijan has increased its presence in Rome—funding the restoration of St. Paul Outside the Walls and co-sponsoring interfaith conferences at the Gregorian University. These initiatives have been welcomed as gestures of tolerance and dialogue. But they also raise difficult questions.

In First Things Magazine, I explore what Azerbaijan’s “caviar diplomacy” means for the Vatican’s moral witness—particularly in light of Baku’s ongoing campaign of cultural erasure against Armenian Christians. If the Church is serious about ecumenism with the Christian East, it must be willing to speak plainly, even when uncomfortable.

Read the full piece here: https://firstthings.com/the-vaticans-duty-to-armenian-christians/.

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Around the Web

Here are some important law-and-religion news stories from around the web:

  •  In Miller v. McDonald, the Second Circuit held that New York did not violate Amish parents’ Free Exercise rights under the First Amendment when it removed a religious belief exemption from its school immunization law. The court found that the public health law in itself was generally applicable and that there was no evidence that the legislature’s decision to repeal the religious belief exemption in 2019 was motivated by anti-religious sentiment.
  • In CNS International Ministries, Inc. v. Bax, a Missouri federal district court held that a the ministerial exception did not cover a janitor and cafeteria worker at a religious organization that runs residential care facilities for children.
  • Recently, the U.S. Senate Judiciary Committee held a hearing to address how to combat antisemitism and antireligious hate crimes in general.
  • A group of Christian Patriarchs and Heads of Churches in Jerusalem have come together to issue a public statement denouncing foreclosure proceedings initiated against the Armenian Patriarchate. The foreclosure proceedings stem from an alleged tax debt levied against the Patriarchate, originating from a municipal tax from which Christian institutions have traditionally been exempt. Christian leaders believe that if the proceedings go unchallenged, it will only lead to more expropriation of Christian assets in Jerusalem.
  • Recently, rebels from an Islamic terrorist group stormed a village in the Congo and took approximately one hundred people hostage. From those taken, seventy bodies were discovered in a Protestant church in Lubero. Sources believe that these hostages were killed when they could no longer continue to march alongside their captors.
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Around the Web

Here are some important law-and-religion news stories from around the web:

  • In Jarrard v. Sheriff of Polk County, the Eleventh Circuit held that Georgia jail officials violated the Free Speech clause of the First Amendment when they dismissed and continually denied the reapplication of a volunteer jail minister. The court found that the jail officials engaged in viewpoint discrimination based primarily on their theological disagreement with the petitioner’s beliefs on baptism and that even if they were concerned about inmate well-being and potential problems for jail administration, the jail did not pursue the least restrictive means to preserve petitioner’s right to express his beliefs.
  • In Case of Pindo Mulla v. Spain, the European Court of Human Rights held that a Spanish court had violated the European Convention on Human Rights by authorizing a blood transfusion for a critically bleeding woman who had refused blood transfusions due to her beliefs as a Jehovah’s Witness.
  • Amid current controversies relating over the sale of the “Cow’s Garden,” Armenian Christians strive to maintain their centuries-long presence in Jerusalem’s Old City.
  • The United Kingdom’s Secretary of State for Foreign Affairs has recently come under criticism for his blog post stating that Azerbaijan has been able to “liberate” the region of Nagorno-Karabakh. Azerbaijan conducted an ethnic cleansing of the region’s 120,000 Christian Armenians in violation of an order from the International Court of Justice.
Posted on by Mark Movsesian

“Liberation” and Ethnic Cleansing

Following on yesterday’s Legal Spirits podcast, I was interviewed today by GB News on UK Foreign Secretary David Lammy’s appalling statement about Azerbaijan’s “liberation” last year of Nagorno-Karabakh. In fact, Baku ethnically cleansed Karabakh of its 120,000 Christian Armenian inhabitants a year ago, in violation of an order from the International Court of Justice, which ruled that Baku was violating the international anti-racism treaty, and in defiance of a statement from the US that ethnic cleansing would not be tolerated. Well, listeners to the podcast will know my skepticism about international human rights law, which seems to matter only when great powers think it’s in their interest. But statements like Lammy’s are outrageous and incomprehensible.

You can listen to the GB News report at the link below:

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Legal Spirits 063: Ethnic Cleansing in Nagorno-Karabakh, One Year Later

Ganzdasar Monastery, a 13th Century Armenian Christian site in Nagorno-Karabakh (Wikipedia)

In September 2023, in violation of an order from the International Court of Justice, Azerbaijan ethnically cleansed the region of Nagorno-Karabakh of its 120,000 Christian Armenian inhabitants. In this episode, human-rights attorney Karnig Kerkonian describes the events of a year ago and efforts to hold Azerbaijan responsible in international forums. He also explains the role that religion, understood as a communal and cultural marker, has had in Azerbaijan’s campaign against Christian Armenians. Listen in.

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Posted on by Mark Movsesian

On Why the West Should Not Abandon Armenia

In First Things today, I have an essay on the continuing crisis in Karabakh, where 120,000 Armenians face a real threat of ethnic cleansing by the Aliyev regime in Baku. I argue that Baku has so far played a double game, cozying up to Moscow while avoiding sanctions by hinting at potential benefits to the West. It’s time for that to stop. The West needs to do more to encourage Baku to negotiate about resolving the Karabakh crisis in good faith. Here’s a sample:

But without sanctions or other serious action, Aliyev will continue to treat Armenian concessions as invitations to engage in further aggression. For example, in negotiations in Brussels last month, both Armenia and Azerbaijan agreed to recognize each other’s territorial integrity and discussed reopening railway connections based on mutual reciprocity. Pashinyan subsequently confirmed that Armenia was ready to recognize Azeri sovereignty over Karabakh (provided arrangements could be made to guarantee Armenians’ security there)—a painful public concession, apparently made at the urging of the U.S., which caused anger in Karabakh itself.

How did Aliyev respond? After Pashinyan’s statement, Aliyev again threatened Karabakh Armenians with ethnic cleansing and, for good measure, threatened Armenia as well. Armenia would have to agree to Azerbaijan’s demands with respect to border demarcation, he announced, or face further aggression. “The border will pass where we say,” Aliyev crowed. “They know that we can do it. No one will help them.” A bewildered Pashinyan asked whether Aliyev was already abandoning the position he had taken in Brussels and demanded clarification. The U.S. has not yet responded.

Since Russia invaded Ukraine, American and European leaders have spoken of the need to defend democracy and self-determination against authoritarian aggression. That is precisely what is needed in the South Caucasus now. At the very least, Western sanctions against the Aliyev regime should be on the table. Even in realist terms, it would not be in the West’s interest to abandon Armenia, which is looking to reorient itself and which can serve, in time, as an important bridge between the West, the South Caucasus, and beyond. Unless the West creates greater incentives for Azerbaijan to negotiate in good faith, however, a humanitarian crisis looks about to unfold.