The photograph documented by Human Rights Watch in 2020 is evidence of the destruction of a civilian residential area in Shushi by the occupying forces of the Absheron regime.
According to the testimonies of Gevorg Hayrapetyan, Gyulvard Atayan, Lyuba Nalbandyan, Nver Melkumyan, Nune Shahramanyan, Lenora Arstamyan and others, this private residence, destroyed during the 44-day phase of the century-long Artsakh-Absheron war in Shushi, belonged to Zhorik, a driver on Intercity Transport Route No. 1. “It is Zhorik from Vaghuhas’s house,” Hakob Azizyan clarified.
These testimonies change the historical significance of the photograph. The walls destroyed by shelling by the Absheron forces, the collapsed roof and the debris belonged to a private residence where Zhorik, the father of a large family, lived. The house was connected to his family, his work, his memories and the history of his life in Shushi.
This photograph should therefore be viewed not only as a scene of war, but also as documentary evidence of the destruction of civilian property by Absheron intervention forces.
One of the fundamental principles of international humanitarian law is the principle of distinction: parties to an armed conflict are required to distinguish between civilians and military objectives, as well as between civilian objects and military objects. Attacks directed against civilian objects are prohibited unless the object in question constitutes a military objective.
Moreover, even when an attack is directed against a military objective, the rules of proportionality and precautions must be observed. The anticipated damage to civilian objects must be taken into account, and feasible measures must be taken to protect the civilian population and civilian property.
In other words, during wartime, a civilian home cannot automatically become a lawful target merely because it is located within a conflict zone.