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    Categories: 2023

Armenia petitions ICJ against Azerbaijan over Nagorno-Karabakh conflict

JURIST
Oct 13 2023

Armenia made submissions to the International Court of Justice (ICJ) on Thursday. requesting provisional measures against Azerbaijan for what Armenia calls “ethnic cleansing” in the ethnic Armenian region of Nagorno-Karabakh.

Armenia requested that Azerbaijan refrain from any actions which might breach Azerbaijan’s obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). Armenia also requested Azerbaijan refrain from any actions aimed at “displacing the remaining ethnic Armenians from Nagorno-Karabakh, or preventing the save and expeditious return to their homes of persons displaced in the course of the recent military attack.”

In addition, Armenia requested Azerbaijan withdraw its military personnel from Nagorno-Karabakh and refrain from altering or destroying any monument commemorating the 1915 Armenian genocide, or any other Armenian cultural artifact. Armenia also included a request for Azerbaijan to restore the supply of electricity and gas to the region.

In response, Azerbaijan asked the court to reject Armenia’s requests.

The conflict between Armenia and Azerbaijan within the ICJ dates back to at least 2021, when Armenia first requested provisional measures against Azerbaijan for alleged violations of CERD. Armenia’s most recent victory in the ICJ was an order in February 2023 which concluded that Azerbaijan needed to ensure “unimpeded movement of persons, vehicles and cargo along the Lachin Corridor.” The Lachin corridor is the only land route from Armenia to Nagorno-Karabakh and, according to the February order, is currently under the control of a Russian peacekeeping forces.

Armenia first requested ICJ action in Thursday’s matter in September, roughly 10 days after Azerbaijan launched a military operation in Nagorno-Karabak. Azerbaijan launched an attack on Nagorno-Karabak in mid-September, shortly after Armenia’s National Assembly considered ratifying the Rome Statute. Azerbaijan attacked the capital of Nagorno-Karabak under the pretext of an “anti-terrorist” operation on September 19. On September 20, Azerbaijan imposed a ceasefire. Nagorno-Karabak is internationally recognized as a part of Azerbaijan, but it is also home to an Armenian-aligned state known as Artsakh.

The European Parliament condemned Azerbaijan’s actions in Nargono-Karabakh in a resolution last week, calling abuses by Azerbaijani military forces “a gross violation of international law.” The US State Department also called upon Azerbaijan to end hostilities in September.

Liana Toganian: