Հայ
Рус- 21 November, 2023
- Democracy and Human Rights
As a result of the large-scale aggression unleashed by Azerbaijan in Nagorno-Karabakh on September 19, 2023, the Representative of the Republic of Armenia on International Legal Matters submitted a request to the International Court of Justice on provisional measures against Azerbaijan in the case concerning the Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan).
Armenia requested that the court apply 10 measures.
On November 17, the Court rendered its Order, applying additional provisional measures against Baku (satisfying part of the requests of the Armenian side):
- “(a) ensure that persons who have left Nagorno-Karabakh after 19 September 2023 and who wish to return to Nagorno-Karabakh are able to do so in a safe, unimpeded and expeditious manner;
(b) ensure that persons who remained in Nagorno-Karabakh after 19 September 2023 and who wish to depart are able to do so in a safe, unimpeded and expeditious manner;
(c) ensure that persons who remained in Nagorno-Karabakh after 19 September 2023 or returned to Nagorno-Karabakh and who wish to stay are free from the use of force or intimidation that may cause them to flee.”
- “protect and preserve registration, identity and private property documents and records that concern the persons identified under subparagraph (1) and have due regard to such documents and records in its administrative and legislative practices.”
“As stated earlier, during the hearings of Armenia’s 5th request, Azerbaijan made unilateral undertakings, inter alia, to facilitate access to the ICRC and inspections by the UN, to protect and not to damage and destroy cultural monuments, which the Court reinstated and emphasized their legally binding force,“ the post on the official page of the Representative of the Republic of Armenia on International Legal Matters reads.
The Court also obliged Azerbaijan to “submit a report to the Court on the steps taken to give effect to the provisional measures indicated and to the undertakings made by the Agent of Azerbaijan within 8 weeks.”
At the same time, in its Order, the Court reaffirmed the provisional measures indicated by its Orders of 7 December 2021 and 22 February 2023.
According to the Representative of the Republic of Armenia on International Legal Matters, the Court’s Order “is momentous as in no other case in the Court’s history has a state faced as many orders on provisional measures in a single proceeding, which is an evidence of the failure by Azerbaijan to abide by its international obligations.“
In fact, the Court has granted most of the requests of the Armenian side or has reaffirmed the provisional measures indicated by previous orders against Azerbaijan.
At the same time, the Court has not granted two important requests. They are as follows:
1/ Azerbaijan shall withdraw all military and law-enforcement personnel from all civilian establishments in Nagorno-Karabakh occupied as a result of its armed attack on 19 September 2023.
2/ Azerbaijan shall refrain from taking punitive actions against the current or former political representatives or military personnel of Nagorno-Karabakh.
Note that Azerbaijan has ignored a number of orders of the International Court of Justice of the United Nations on the matter, in particular, regarding ceasing the blockage of the Lachin Corridor, the return of prisoners of war and other issues.
On 22 February 2023, the International Court of Justice obliged Azerbaijan to take all steps within its power to guarantee the safety of movement of persons, vehicles and cargo along the Lachin Corridor. The Court reaffirmed the same order in July 2023.
On 16 September 2021, Armenia filed an application instituting proceedings against the Republic of Azerbaijan concerning the latter’s violation of the International Convention on the Elimination of All Forms of Racial Discrimination. In the same month, Azerbaijan filed a counterclaim against Armenia.
On 7 December 2021 the International Court of Justice issued its Order on indicating provisional measures concerning the applications of Armenia and Azerbaijan. Two provisional measures were indicated to Armenia and four to Azerbaijan. These were: immediate release of prisoners of war, preventing the incitement of racial hatred and discrimination against Armenians by the state of Azerbaijan, preventing acts of vandalism against Armenian historic and cultural heritage, as well as refraining from any action which might aggravate or extend the dispute.
Azerbaijan has not complied with any of the Court orders.
Read also: Status of requests submitted by Yerevan and Baku to the International Court of Justice
Nane Manasyan
Union of Informed Citizens
