U.S. Warns Baku But “Why Is Aliyev Not Opening the Corridor”?

On September 14, the United States Senate Committee on Foreign Relations hosted a hearing titled “Assessing the Crisis in Nagorno-Karabakh” with Acting Assistant Secretary of State Yuri Kim as the sole witness. It was chaired by Senator Bob Menendez. 

EVN Report presents an edited version of the transcript—omitting questions and responses not related to the situation in Artsakh, U.S. assistance to Azerbaijan, and Russia’s role.

 

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Senator Bob Menendez (D-New Jersey), Chair of the Senate Foreign Relations Committee (opening remarks): In the stores of Nagorno-Karabakh, the shelves are empty. Ambulances don’t have gas. Miscarriages have nearly tripled and the BBC reports that a third of all deaths there are now from malnutrition. For months, Azerbaijan has blocked access through the Lachin Corridor to Armenia, keeping out humanitarian aid to this ancient Armenian community that is starving to death. Now my understanding is that one truck went through the Agdam Corridor. One truck. For a population of 120,000 Armenians.

Before the blockade there were 120 trucks passing through each day. So let’s not be fooled by the regime’s attempt to muddy the waters. President Aliyev says he’s “not organizing ethnic cleansing” but that is exactly what he is doing. By leveraging humanitarian aid he aims to either coerce the people of Artsakh into political submission, or starve them to death. And given that he is reportedly amassing forces along the border, we must be vigilant about military action.

So as we sit here today—with the lives of so many people hanging in the balance—time is of the essence. The former prosecutor at the International Criminal Court, Luis Moreno Ocampo recently wrote and I quote—“Starvation is the invisible genocide weapon. Without immediate dramatic change, this group of Armenians will be destroyed in a few weeks” close quote. A few weeks. That is how long we have. I would ask our witness to speak to what the Department is doing, what the Biden Administration is doing, and what the international community must do, to avert this atrocity from being carried out before our own eyes.

I was pleased to see that Secretary Blinken has recently personally gotten involved, but let me be clear. Our message from the highest levels must be unequivocal: Stop the blockade. Stop threatening the people of Nagorno-Karabakh. Stop threatening Armenia. Open the Lachin Corridor immediately. Uphold the commitments that Azerbaijan itself made in the November 2020 ceasefire.

Now I understand the dynamics of the broader region are complicated, but the fundamental principles underlying our approach and this crisis should not be. We must stand up for peace, security, and the defense of human rights, which is in stark contrast to Russia who is not only an unreliable and incapable partner, but is an obstacle to peace and security. As Azerbaijan’s forces moved in 2022, Putin’s so-called “peacekeepers” were responsible for upholding the 2020 ceasefire. They stood idly by. Because of the implications for our own moral fortitude and broader stability throughout Europe, the United States and Europe have a responsibility.

Over the past year, the United States has been helping facilitate a longer, more durable agreement between Armenia and Azerbaijan. I support any efforts that provide for the lasting peace, security, and fundamental rights of all people in the region. But the reality is this—talk is worthless when one participant in those talks is carrying out a campaign of ethnic cleansing.

So I hope our witness will tell us what options she thinks we have to alleviate the immediate humanitarian crisis of Armenians in Nagorno-Karabakh. What options do we have to compel the government in Baku to finally open access through the Lachin Corridor? What are we doing to dissuade Aliyev from starting yet another conflict? Why are we not more publicly considering sanctions for activity that I think we can all agree is clearly sanctionable?

For too long we have hedged on Aliyev. I have repeatedly expressed my deep opposition about waiving section 907 of the Freedom Support Act allowing the United States to send assistance to his regime. This clearly alters the balance of military power between Azerbaijan and Armenia in Aliyev’s favor. I think Azerbaijan’s actions over the past three years have vindicated my skepticism.

I hope the international community is watching: because when President Aliyev is tried for crimes against humanity—as I think he should be—the burden of proof will be very high.

Right now, the burden of proof is not about convicting him of a crime. It is about preventing this crime. And I’d like to hear about how the Department is seeking to do that.

I have to be honest with you. I don’t understand when we come together and we say “Never again. Never again.” And here we are, before our plain eyes seeing history unfold in a way that defies our supposed commitment to “Never again”. Is it so important to us, despite Aliyev getting closer and closer to Russia, that we cozy up with someone who is in the process of creating ethnic cleansing? Is that the history the United States wants? Is that the side of history we want to stand on? I hope not.

But I fear, based upon what’s happened today, that this is the path we’re headed on. And so to the extent whatever resources I have to try to get the Department to act, I intend to use them. And I look forward to your testimony today.

Senator Jim Risch (R-Idaho), ranking member of the Senate Foreign Relations Committee (opening statement): The ongoing instability in Europe and Eurasia has made clear the need for a strong U.S. policy on the Caucasus – a region that continues to grow in importance due to its proximity to regional problematic actors Russia, Iran and Turkey.

Tensions are rising again between Armenia and Azerbaijan over Nagorno-Karabakh. The United States must push back on policies that disregard the best interests of Armenia and Azerbaijan and run counter to U.S. interests. We should be able to do both.  

This morning, I hope to hear from our witness about the efforts the U.S. government is taking to bring this conflict to a peaceful and sustainable resolution, and to reassure our friends about the U.S. remaining engaged. I share the chairman’s concerns in this regard.

Assistant Secretary Kim, I understand that you were involved last weekend in talks to help open the Lachin Corridor and allow goods to flow again into the contested region. I hope you will detail for us the specifics of what was agreed and whether an end to this humanitarian crisis is in sight.

Ending this conflict would bring peace to a fractured region and remove one of Russia’s key levers of influence in the region. If we fail to form and implement an effective policy, we could see a return of Russian influence, or even see China establishing a stronger foothold in the region.

The United States, along with our European allies, have an important role to play in the future of the Caucasus. Our action in response to the crisis in Nagorno-Karabakh will be key to broader U.S. policy toward the region. I look forward to hearing your assessments and more importantly your plans to face the challenge.

Acting Assistant Secretary Yuri Kim, Bureau of European and Eurasian Affairs at the Department of State (testimony): Thank you for your invitation to speak with you today about the Administration’s efforts in the South Caucasus, especially with respect to the humanitarian situation in Nagorno-Karabakh. I appreciate the opportunity to update you on our work and hear your perspectives on these pressing issues.

We have been working very intensely over the past months to address the deteriorating humanitarian situation in Nagorno-Karabakh. We share your sense of urgency. We are deeply concerned by the continued closure of the Lachin corridor and the impacts this closure is having on the people of Nagorno-Karabakh. I want to be clear that we view the status quo as completely unacceptable. We will not stop working until we have a resolution. 

We have consistently said the corridor must be open to commercial, humanitarian, and private traffic. We have conveyed this message both publicly and privately to all levels of the government of Azerbaijan on numerous occasions. Access to food, medicine, baby formula, and energy should never be held hostage. Secretary Blinken, Senior Advisor for Caucasus Negotiations Lou Bono, colleagues at USAID, and many others, including me, have been intensely engaged on this issue with a wide range of contacts at all levels to press for the immediate and simultaneous opening of the Lachin Corridor as well as other routes to humanitarian, commercial and private traffic to allow passage of urgently needed humanitarian supplies.

We welcomed the news that one shipment carrying approximately 20 tons of humanitarian supplies passed through the Aghdam route into Nagorno-Karabakh on September 12. But as you said, that is not enough. Additional humanitarian supplies from the International Committee of the Red Cross have been positioned for weeks just outside both the Lachin and Aghdam checkpoints. Senior Advisor Bono is once again in the region to press for these supplies to be allowed into Nagorno-Karabakh immediately and simultaneously. 

President Aliyev as well as representatives of Nagorno-Karabakh have publicly stated that they have agreed to this arrangement. There should be no more delay in implementing this agreement. It is essential for these supplies — which have been ready to move for weeks — to be delivered to the people in Nagorno-Karabakh now.

It is also essential to achieve a more sustainable arrangement for the men, women, and children in Nagorno-Karabakh. In this context, we urge the Government of Azerbaijan to restore free transit of commercial, humanitarian, and passenger vehicles both in and out of the Lachin Corridor expeditiously, while recognizing the importance of additional routes.

One of the many challenges to a solution is deep mistrust in the region following decades of conflict and instability. We need to continue to encourage all sides to work constructively and to encourage those in Nagorno-Karabakh to accept humanitarian assistance from reputable international sources like the International Committee of the Red Cross.

Whatever compromise is ultimately reached, the only path forward is through dialogue and compromise to build trust. The root causes of instability and conflict that have plagued this region for so long must be addressed. The Administration continues to believe that peace in the South Caucasus has the potential to transform the region and advance U.S. interests. We now have a strategic opportunity to combat malign influence in the region from actors like Russia, China, and Iran by achieving a durable peace that will expand our bilateral economic and security cooperation and provide greater energy security for European partners and allies.

Secretary Blinken has hosted three rounds of peace negotiations with the foreign ministers of Armenia and Azerbaijan since last November, and his leadership has yielded results. The sides have made progress on a peace agreement that could stabilize the region. Armenia and Azerbaijan’s border commissions have begun discussions on the complicated issue of delimiting the border. We will continue to support progress on a peace agreement between the sides.

Progress will not come easily or quickly, but we are determined to do all we can to support a dignified and durable peace – an objective that is imperative in the broader regional context. We have invested in this effort because we believe peace between Armenia and Azerbaijan would have cascading benefits for the region that are in the U.S. national interest. A dignified and durable peace could facilitate regional energy security and boost regional transportation links, in turn improving economic prospects of all countries in the region and improving the lives of millions.

The United States could increase our security cooperation in the region and build the confidence and capacity of each country to preserve and protect its sovereignty and independence. 

In the context of any peace discussions, we have made clear that the rights and security of the ethnic Armenians of Nagorno-Karabakh must be protected. This is an essential element of any durable and dignified peace agreement. Azerbaijan must provide internationally verifiable assurances of respect for their rights and their ability to remain in their homes and live without fear.

In closing, I want to be clear about a critical issue: the United States will not countenance any action or effort—short-term or long-term—to ethnically cleanse or commit other atrocities against the Armenian population of Nagorno-Karabakh. The current humanitarian situation is not acceptable.

Humanitarian access through the Lachin Corridor and other routes must be made available now. We will do everything possible to make that happen. 

Senator Menendez: Four hundred tons of essential goods used to go to the Lachin Corridor daily. On August 15, we saw the first reported death from starvation of a 40-year-old man, and I fear he will not be the last. Do you share my assessment, as well as the ICJ’s assessment, that the blockade may represent a real and imminent risk to the health and life of Karabakh Armenians?

Acting Assistant Secretary Kim: Yes, we do, Senator. We share your sense of urgency, and that’s why we are working this as hard as we are. 

Senator Menendez: Well, can you explain to me then why the United States is not or cannot do more to get humanitarian assistance in, as well as what we are doing to support the International Committee on the Red Cross?

Acting Assistant Secretary Kim: We’ve actually undertaken quite a lot of action on that front, Senator. We have been working this non-stop, in-person, over the phone with all different actors — Baku, Yerevan, Stepanakert — to try to move this thing. We finally, I believe, were able to work with international partners to get a first truck through. That’s a Russian truck, I would point out. But the point is that traffic is now flowing. The agreement is that traffic through the Lachin Corridor has to be open. So while I think all of us welcome that one truck through Aghdam, I think all of us also agree it is not enough. It’s not enough. Lachin has to be open. Other routes can be open too, but Lachin must be open. That’s non-negotiable.

Senator Menendez: One truck is not mercy. In addition to the blockade of Nagorno-Karabakh, President Aliyev is reportedly building up troop presence both around Nagorno-Karabakh and Armenia’s border. Surely we can’t take anything he says about wanting to find a solution to the crisis seriously when he is withholding food and also threatening violence. To me, that’s pretty outrageous. I’m concerned that we are now, I hear your testimony, but I am concerned that we are not bringing urgency to this situation and taking a whole-of-government approach to pressure Aliyev. 

How real are the fears of renewed war, and what is the Department doing to avert an Azerbaijani attack on the people of Nagorno-Karabakh and Armenia? Has the State Department told him to stand down and threatened sanctions? Has the White House and National Security Council told him to stand down? Has the Pentagon, through contacts with the Azerbaijani military, told him to stand down? These are the problems that I have with the waivers of Section 907. I don’t understand if that is about having influence with the Azerbaijanis; they’re not working very well. And if anything, it is giving them a qualitative edge over Armenia’s defense. So, can you answer those questions for me?

Acting Assistant Secretary Kim: Those are important but complicated questions, but there’s a simple answer to all of those. I’ve got here a ream of paper listing all the various telephone calls, meetings, travel that we’ve had to send across a very, very clear message. Number one: Lachin corridor must be open now, now, no more delay. Number two: We will not tolerate any military action; we will not tolerate any attack on the people of Nagorno-Karabakh. That’s very clear.

As we do this, we’re mindful of the fact that technically speaking, the war is not over between Armenia and Azerbaijan, which adds urgency to our commitment to try to support a durable and dignified peace agreement between Armenia and Azerbaijan.

Senator Menendez: Do you know if the Administration, the National Security Council, the Pentagon have all weighed in? 

Acting Assistant Secretary Kim: Yes, they have. 

Senator Menendez: They have all weighed in? 

Acting Assistant Secretary Kim: Jake Sullivan hosted the Foreign Ministers of Armenia and Azerbaijan a few months ago for discussions here in Washington. The Secretary has done several rounds of that. The Secretary has also had multiple phone calls with President Aliyev. I have had multiple phone calls with the Foreign Ministers of both countries over the last couple of weeks alone to drive home those messages. I believe that we are beginning to see a little bit of movement, but we’re not going to rest until we actually see real results.

Senator Menendez: All of this is just in pursuit of the 2020 ceasefire agreement there. Azerbaijan made agreements. We are just asking, even though we think there’s much more to ask for, we are just asking for them to live up to their agreements. Now, if the commitments that Azerbaijan made in the November 2020 ceasefire, it’s now three years after, nearly, and we are revisiting that which they had agreed to and that they have violated. I just hope you’ll tell the Secretary on my behalf that I would hate to see that this Administration stands by and allows ethnic cleansing to take place on their watch and under their eye.

We don’t have to wait for reports of what happened a decade later. It’s happening in real time. I’ve already raised this question at previous hearings months ago, and I said people are dying, and I got a response, “Well, we’re not sure about that.” People are dying. I don’t know how many more have to die, and I certainly expect that if this continues, even if this is abated tomorrow, and we’re not going to keep waving section 907. We only embolden Aliyev; we give him a message that it’s okay. That’s the wrong message.

Senator Pete Ricketts (R-Nebraska): Since the breakup of the Soviet Union, Armenia has been an important security partner for Russia and houses one of the few military bases the Kremlin maintains on foreign soil. It has also remained a member of the Collective Security Treaty Organization. Armenia prioritizes its relationship with Russia mainly because it’s the only game in town for security in Nagorno-Karabakh.

However, given Russia’s reluctance to intervene in the 2020 conflict and enforce the ceasefire agreement, Armenia appears to have second thoughts about its long-time partnership with Russia and shifts toward the West. Earlier this month, the Armenian Prime Minister said that the country’s reliance on Russia wasn’t paying off, particularly as Moscow struggles to supply its own military, let alone partnering with other militaries. He continued, dependance on just one partner in security matters is a strategic mistake. Armenia followed up by announcing its first-ever tranche of humanitarian assistance to Ukraine. This week, U.S. forces commenced 10 days of joint exercises with Armenian soldiers.

This is clearly an embarrassing setback for the Kremlin, which has summoned Armenia’s ambassador to complain about unfriendly steps the country was taking. Does Armenia’s recent actions represent a permanent shift away from Russia, or simply a shot across the bow from Moscow to intervene more forcibly in Nagorno-Karabakh? Do you have any thoughts on this? What direction is Armenia going?

Acting Assistant Secretary Kim: Thanks for that question. I think after Russia took the action that it did against its neighbor Ukraine on February 24th last year, all of Russia’s neighbors are sleeping with one eye open, as they should be. I think all of them are understanding that, as they watch this vivid, grotesque demonstration of Russia’s disregard for the territorial integrity and sovereignty of their neighbors, they are beginning to have second thoughts about having invited Russian troops onto their territory, relying on Russia as their sole source of energy, hosting Russian military installations in their lands, and this is a set of questions that deserve to come up.

What it also does is it represents an opportunity for us to develop these relationships. As you point out, our military is out there in Armenia to conduct our first-ever bilateral military exercise with Armenia, and we’re going to continue to take advantage.

Senator Ricketts: Okay, so specifically, you were very broad when you started off your remarks. Specifically, with regard to Armenia. Is Armenia, again, is this a shot across the bow of Moscow to get them to pay more attention to Nagorno-Karabakh, or is it more about they want to move away from Russia permanently and more toward the West? Do you have an opinion on that?

Acting Assistant Secretary Kim: I think it’s too early to tell. But it doesn’t mean that we shouldn’t jump in there to turn it into exactly what we would like to see it be, which is a real decision to partner with us as opposed to Russia. But to get there, we need to be present, which is why our assistance to Armenia counts so much, and our partnership counts so much.

Senator Ricketts: Given Armenia’s reliance economically, militarily, and so forth on Russia, are there concerns or is there a risk that Russia might respond more forcibly if they continue to see the Armenians move toward the West?

Acting Assistant Secretary Kim: I think Russia has proven itself, and Putin has proven himself, to be vindictive to anyone who does not bend to his will. So, yes, we are very much on alert for that.

Senator Ricketts: What’s your thoughts on the strategy of how we walk that line, then, between continuing to develop relationships with Armenia and not triggering some sort of Russian response that would be more forceful?

Acting Assistant Secretary Kim: I think we’ve got to keep a close watch on the situation. We need to increase the array of assistance that we provide to Armenia, whether it’s developmental assistance, defense partnerships, security activities, and expand those out as much as we can in a way that is acceptable for the Armenians themselves. This can’t be a unilateral move, so we’ve got to do this in true partnership with Armenia and make sure that we’re providing the support that they need to make the turn that they’d like to make.

Senator Ricketts: Russian sanctions evasion have been a particular problem in the Caucasus, and Armenia has allowed Russia to access key microchips and electronics that Russia needs for its war on Ukraine. Has Armenian enforcement of these sanctions improved, or does it remain a country of concern for sanctions evasions?

Acting Assistant Secretary Kim: I believe that they have been observing the sanctions.

Senator Ricketts: They have been observing the sanctions? They’ve been shutting off Russia from getting microchips and so forth?

Acting Assistant Secretary Kim: I believe so but I’m gonna have to — We’ll take that question back and get back to you soon.

Senator Ben Cardin (D-Maryland): We want to have a strong strategic relationship with both Azerbaijan and Armenia, and I think we have an opportunity now with the relationship declining between Armenia and Russia to be able to achieve that. But it depends upon us standing by our values as we resolve the issues in the contested area. I agree with Senator Menendez; the humanitarian crisis is horrible, and every day we wait, more people are dying. The United States needs to take decisive action, and in doing that, bringing the parties together, enforcing a safe corridor for humanitarian assistance, having a ceasefire, and setting up the climate to resolve, on a more permanent basis, the governance of the region. But to do that, we have to be able to show that we’re serious about this. 

And I just really want to underscore the point that Senator Menendez said: when you routinely give the waiver under Section 907, you’re saying that Azerbaijan has demonstrated steps to cease all blockades and other offensive uses of force against Armenia, and that’s just not the case. So we lose credibility when that happens, when we aren’t prepared to take decisive steps based upon our values. Yes, we want to have a strong relationship with Azerbaijan; they’re an important country for us. But, as President Biden has said frequently, our foreign policy will be wrapped within our values, and it’s difficult for some of us to understand that based upon the actions in that region.

Acting Assistant Secretary Kim: President Biden and Secretary Blinken have made it very clear that human rights and our values are at the center of our foreign policy, and we take every opportunity to drive that home with all of our partners, every country that we deal with, including with Azerbaijan. And as you rightly point out, we have an opportunity and an imperative to develop a strategic relationship with Armenia as well as Azerbaijan.

In that context, when we look at requesting a waiver for 907, we want to make sure that we’re doing two things: first of all, that none of the assistance that we provide could ever be used for offensive action against Armenia, and two, that it is in the U.S. national security interests to do that. In the past, when we have requested 907 waivers, we’ve used that assistance to help the Armenians [Azerbaijanis – Editor’s Note] beef up their border security, especially with Iran, and that has rendered concrete results in terms of stopping narco-trafficking, which is used to finance the IRGC. So, there are real results from that.

But we hear you on needing to be very serious and thorough as we deliberate on whether or not to request a 907 waiver. We take that responsibility very seriously. I would note that the last 907 waiver expired in June. We have not submitted a new waiver request yet because we are reviewing the situation very carefully. 

I also want to assure you, Senator, that we look at the wide range of tools that are available to us to influence behavior and to persuade others along, and we will not rule anything out.

Senator Cardin: If you read the language of the waiver, it’s not the way Congress wrote it. I mean, I think you have to follow the waiver language, and it’s not the use of the funds; it’s the activities on the ground. So that, to me, is not carrying out the directive from Congress.

And then, lastly, let me just point this out: I’ve been in Congress, the House and Senate, for a long time, and this conflict predates my service in the House of Representatives, let alone the United States Senate. I served on the Helsinki Commission, chaired it for many years. I know the OSCE Minsk Group; that group started in the ’90s and has been declared dead by some but certainly has not been effective in ending this. We know about the violations of the ceasefires over and over and over again. This conflict has gone on way too long. We’ve seen that when we’ve had long-standing conflicts, U.S. leadership has been instrumental in ending those conflicts. We’ve seen that in our hemisphere. U.S. leadership is needed desperately to end this humanitarian crisis and give us a path towards a resolution of the conflict.

Acting Assistant Secretary Kim: Senator, we agree with you fully. That’s why we’ve got the special advisor, the senior advisor out in the region. We’ve been engaged for weeks, months, years. That’s also why the Secretary of State has personally been engaged in these peace discussions, and we’ll continue to do that.

Senator Chris Murphy (D-Connecticut): Let me first just associate myself with the remarks of the Chairman and Senator Cardin and others. This is obviously a crisis, one that requires active U.S leadership. I understand the difficult question regarding the pressure points on Azerbaijan, but at this point, I think you have to put all possible tools on the table because gentle diplomacy does not seem to be working.

I guess I want to ask you a question about the state of the Russia-Azerbaijan relationship because we have been hard at work, along with our European colleagues, over the course of the last decade trying to help Europe slowly wean itself off of dependence on Russian gas and oil. Part of that strategy has been to deliver more Azerbaijani gas and oil to Europe. We think that’s a more responsible choice. I think we now have to question whether or not that premise still stands. It is interesting that Russia is making these new overtures to Azerbaijan because it sees that their energy products are going to matter more to Europe. To the extent that Russia and Azerbaijan can link up on national security policy, then the leverage that Russia is losing, it perhaps could gain back.

So, what are the implications for the U.S. and for Europe as Azerbaijan and Russia draw closer? What’s the nature of that relationship? Did we perhaps make the wrong bet by moving more Azerbaijani resources into Europe? Could we come back, and could Europe come back to ultimately regret that decision?

Acting Assistant Secretary Kim: The relationship between Azerbaijan, Armenia, Georgia, everybody else in the region, with Russia is dictated by geography and history. It’s not just the history of a few years in the Soviet years; it’s generations and centuries. Here we are working hard to rebalance that in our favor. What we also notice is that this agreement that Armenia and Azerbaijan reached in November of 2020, we’re not a party to it, and that agreement calls for the Russians to provide peacekeepers to enforce the terms of that agreement. I think it’s fair to say that the Russians haven’t delivered, and that’s part of the reason why you’re seeing the Armenians beginning to question that relationship.

On the broader issue of energy, that’s an urgent need of all of the countries in Europe and around the world. I would say they have concluded that it is not a good idea to be sole-sourced to Russia for their energy needs. We have had an effective period of work with the Azerbaijanis in helping them to double the amount of gas that they will be bringing to Europe by the year 2027, from about 10 to about 20 BCM. That Southern Gas Corridor is extremely important for ensuring that there is energy diversity for Turkey, Greece, Bulgaria, potentially Albania, and definitely Italy, and possibly into the Western Balkans. So, we cannot underestimate how important that is.

There’s also the oil pipeline that runs from Baku to Tbilisi to Ceyhan, and we need that to keep functioning. The main task here is to enable our friends, partners, allies to break free of this stranglehold that Russian energy has had on them over the last few generations.

Senator Murphy: Right, but our alternative is turning from dependence on one dictatorship to a different dictatorship, and the question now becomes, are we funding Azerbaijan’s efforts to impose a brutal blockade on the Armenian people? Again, I think it underscores the importance of the ultimate goal, which is to break the United States and Europe free of dependence on oil and gas. Period. Stop. Because there seem to be no great choices in the region.

I do appreciate the leadership that Secretary Blinken has shown here. I think it is important that we’re playing a central role here, and I’m glad to have this update. We hope to stay in close touch.

Acting Assistant Secretary Kim: Senator, I’d like to just footstomp one point that you made about energy diversity, source roots. That means that we don’t want our friends, allies, and partners to be single-sourced to any country, or to any type, or any route that’s not in their interest. We want our friends, allies, and partners to have multiple ways to get energy so that nobody can hold them hostage based on energy needs.

Senator Murphy: Right, but we’re just seeing a remarkable amount of coordination between countries that are part of that system of multiple supports. Most recently, the Saudis and the Russians essentially colluded to keep the price high enough in order to continue to fund the war. So, this strategy of being dependent on a system and series of dictatorships, again, may not necessarily bear the strategic gain that we think it does.

Senator Chris Van Hollen (D-Maryland): I want to follow up on a couple of questions that have been posed by my colleagues, and I want to second the remarks made by the chairman in his opening statement, as well as on Section 907. Because, as you know, the Administration did make the certification, I believe it was in June of last year, is that correct? And I’m looking for the report that accompanied that. I saw the certification itself because the statute does require that the State Department provide information on the status of negotiations for a peaceful settlement between Armenia and Azerbaijan and the impact of United States assistance on those negotiations. We’ll be checking to see exactly what the finding was then, but you would agree today that the provision of U.S assistance did not have a positive impact on the negotiations, isn’t that the case today?

Acting Assistant Secretary Kim: Senator, respectfully, I’m not sure that I would agree with that statement. We make sure through a very thorough process that has gotten even more thorough, I understand that —

Senator Van Hollen: I understand, I’m not talking about the process. I’m asking today, if today you had to present this report to Congress, if you exercise the waiver and had to present the report to Congress, could you conclude that the U.S. assistance was having a positive impact on the negotiations?

Acting Assistant Secretary Kim: We’re going through those issues very thoroughly, which is why you haven’t seen the waiver come through yet.

Senator Van Hollen: So let me just read a statement that the State Department made on April 23rd of this year in response to Azerbaijan’s establishment of the blockade of the Lachin Corridor. It reads, and I quote, “The United States is deeply concerned that Azerbaijan’s establishment of a checkpoint on the Lachin Corridor undermines efforts to establish confidence in the peace process.” So, that was in April. Do you agree with the State Department?

Acting Assistant Secretary Kim: Yes, that’s correct. Any 907 assistance that’s gone through is targeted towards counter-terrorism and border security, mostly along the border with Iran.

Senator Van Hollen: Right, right. But, so you stand by the State Department statement, I hope, from April, which was that the actions by Azerbaijan undermine efforts to establish confidence in the peace process, right?

Acting Assistant Secretary Kim: Yes

Senator Van Hollen: Has anything happened between April 23rd and today that would lead you to believe that providing assistance by exercising the waiver would improve the prospects for peace?

Acting Assistant Secretary Kim: Those are, in some ways, a little bit separated because, as I said earlier, any 907 assistance that’s gone through is directed at counter-terrorism objectives that are in our interest, along with border security and counter-narcotics activities that are also in our interest. That’s produced real results in terms of addressing our concerns about IRGC [Islamic Revolutionary Guard Corps] funding.

With respect to the blockade of the Lachin Corridor, we share your sense of urgency on this. Nobody is sitting still on this. I want to assure you that we work night and day on this issue.

Senator Van Hollen: I appreciate the testimony. I’m just going to be interested in reading if you exercise the waiver this time around, which I hope you won’t because I don’t think the conditions on the ground merit it. But if you do, it will be interesting to see what the State Department puts in its required report on the question of whether or not the impact of U.S. assistance on the negotiations.

I know you are arguing that the assistance helps advance counterterrorism objectives. The report requires an assessment about whether any of this assistance also helps, what its impact on the peace process is. And I think, based on your statements from April, the State Department’s own words, it’s pretty clear that at least as of then, in your own words and the State Department’s own words, it was undermining confidence in the peace process. And I don’t see anything that’s changed from that day to this.

One of my concerns has been the impact on our demining efforts in Nagorno-Karabakh. Many of us have been very active in providing funds to demine that area, and all the reports we’re getting from people on the ground who were involved in the demining effort is that the blockade is having a significant harmful impact on their efforts. Would you agree with that?

Acting Assistant Secretary Kim: I would totally agree with that, and that’s why we’re working hard to get those Lachin Corridor and other routes open as soon as possible.

Senator Menendez: Madam Secretary, you just said in response to Senator Van Hollen that, well, Section 907 and our waivers are about border security and counter-narcotics, and their performance in that regard, did I understand you correctly?

Acting Assistant Secretary Kim: Yes, sir, there’s a number of objectives related to our assistance to any security assistance that we have with Azerbaijan.

Senator Menendez: And those are?

Acting Assistant Secretary Kim: Those are to strengthen the interoperability of Azerbaijani forces with the U.S. and NATO, because that’s in our interest, to provide opportunities for Western indoctrination and education, to help secure the 475-mile-long border with Iran, and to secure energy sources and routes that are critical to our European friends and allies.

Senator Menendez: Okay, so that is the limited universe under which I guess the department looks at Section 907. So, is it in our national interest to stop ethnic cleansing?

Acting Assistant Secretary Kim: Absolutely, sir.

Senator Menendez: Well, I don’t hear that in the list, and I don’t hear that in the process of determining whether Section 907 should be waived. If we allow, for whatever reasons — security, border security, counter-narcotics — for ethnic cleansing to take place and we look the other way, we send a global message of what our priorities are. We say to others in the world, “You can do that as long as you work with us on counter-narcotics, border security, and other such things.” That would be a horrific, horrific result of a policy that would be blindsided to the fundamental proposition that if there’s a country in the world that stands for human rights, it’s the United States of America.

I’ve listened to our president, who both when I sat over there when he was the chairman of this committee, and when he was vice president, and of course as president, has spoken about the importance as part of the fabric of our foreign policy in terms of human rights. But speaking of it is meaningless; it is a hollow promise without action.

So, I don’t know how we can see a positive result under Section 907 when we have the violations of the 2020 ceasefire. I don’t see how we can have a positive result when we have the amassing of troops by Azerbaijan. I don’t see how we can have a positive result when Azerbaijan kills unarmed Armenian soldiers in cold blood, sexually abuses, and mutilates a female Armenian soldier. I don’t understand how Section 907 leads to a more peaceful resolution when they are on the verge of ethnically cleansing 120,000 Armenians in Karabakh. I don’t understand it. I don’t understand how one can stretch the proposition of what Congress meant in Section 907 that way. So, when I hear you dictate what the elements are, well, those elements don’t cover the dire consequences that are happening right now.

Senator Jeanne Shaheen (D-New Hampshire): Thank you for being here, Secretary Kim. I have to say I share the concerns that have been expressed about Azerbaijan’s continued obstruction of the Lachin Corridor. In New Hampshire, we have a large Armenian diaspora, and we hear consistently from them about their concerns that Azerbaijan’s blockade has resulted in severe humanitarian suffering that should be lifted immediately. Probably one of the few members of Congress who’s actually spent some time in Armenia, I have to say this is a problem that we ought to be able to help resolve.

One of the things that I know would be helpful would be for the Senate to confirm the ambassador to Azerbaijan. I think it would really be helpful for us to have an ambassador there who can make the case for why we need to address what’s happening in Nagorno-Karabakh. So, I hope that the Senate will be able to get that done. I understand that the nominee is on the business meeting for next week, so hopefully, we can move that.

Can you speak to what role Russia is currently playing in Nagorno-Karabakh and any negotiations that are happening?

Acting Assistant Secretary Kim: We agree with you on the need to get an ambassador out to Azerbaijan as soon as possible. 

On the role of Russia, as you know, Russia is the one that brokered the ceasefire between Armenia and Azerbaijan after the horrific violence in 2020, and they put themselves forward as peacekeepers and guarantors for the terms of that agreement. The United States was not at all involved, and in our assessment, and I think I’m safe to say in the assessment of Armenia and Azerbaijan, the Russians have not done what they were supposed to do.

Just a few months ago and exactly a year ago, we saw violence flare up again on the Russian watch. So, I think it’s reasonable to demand that the Russians do their job to prevent further violence. I think it’s also incumbent on the Russians to make sure that the Lachin Corridor is opened again. That’s their responsibility as peacekeepers. We’re doing our level best. We’re not a party to that agreement, but we’re doing our level best, and we will do more than our level best because we think it’s absolutely urgent to get food to the people of Nagorno-Karabakh. Food, medical supplies should not be held hostage to political disputes, and we’re going to continue to do that. I think the whole world should be asking, what is Russia doing in Nagorno-Karabakh to help the situation?

Senator Shaheen: I very much appreciate that statement. Do they still have 2,000 peacekeepers on the ground, and are they actually doing anything, the people who are supposed to be the peacekeepers?

Acting Assistant Secretary Kim: So, we believe that they do have about that number of peacekeepers. We understand that their troops get supplies air-dropped in by helicopter. We do note that one truck, the one truck that went in a couple of days ago, is a Russian Red Cross truck. But again, that’s not enough. That’s not enough. That’s not what the Russians took on as a responsibility to secure the people of Nagorno-Karabakh. It’s not what both the representatives of Nagorno-Karabakh and President Aliyev agreed to in principle, which was that they would open the Lachin and other corridors immediately and simultaneously without delay.

Senator Menendez: The one final question, Ms. Secretary, let me ask you: Why do you think, despite its signed commitments and a ruling by the International Court of Justice to open the Lachin Corridor, that Aliyev is not opening the corridor?

Acting Assistant Secretary Kim: We could probably have that discussion in a different setting, sir.

Senator Menendez: What would be classified about a simple answer to a question as to why he is not keeping his commitments? We’ve discussed that there was a ceasefire, there was an agreement, there’s been a judgment by the International Court of Justice, there’s been attempts by the Administration, there’s an EU effort that he has not been cooperative with. Why would such a conversation need to be classified?

Acting Assistant Secretary Kim: I think that there are elements, Mr. Chairman, that I would like to be able to discuss with you in a different setting.

Senator Menendez: Well, I’ll give you an unclassified answer. He doesn’t want to open the corridor because he is in the process of trying to subjugate these people by starvation or by the threat of starvation at the end of the day, and subject them to his will. That doesn’t have to be classified. I am amazed sometimes. I’ve been doing this for 31 years. I’m amazed sometimes at what the Department comes before this committee and says.

Examining the Security Context