Armenia's unfounded claims against Azerbaijan at International Court of Justice
Baseless accusations so far

ANALYTICS  12 October 2023 - 16:11

On October 12, the International Court of Justice (ICJ), the principal judicial organ of the UN, held public hearings on the request for the indication of provisional measures submitted by Armenia in the case concerning the Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan) in the Hague.

The seat of the court session held under the presidency of Judge Joan E. Donoghue, President of the Court.

Lawrence Martin, a lawyer from Washington, DC; Linos-Alexandre Sicilianos, a Greek jurist, a former president of European Court of Human Rights (2019-2020); Alison Macdonald, an Essex Court Chamber Barrister from the United Kingdom and Sean D. Murphy, a member of the UN International Law Commission presented the anti-Azerbaijan case of Armenia during the hearing.

Lawrence Martin wearing a tie in the colours of the Armenian flag at the court hearings, claimed that the overall opinion about ethnic Armenians in Azerbaijan is quite negative. He is convinced that calling someone an Armenian is considered an "insult" in the country rooted in "ethnic hatred". He added that Azerbaijan has committed "numerous atrocities" against ethnic Armenians fuelling a common sense that the latter cannot live under Baku's rule.

Lawrence added that the anti-terror measures taken by Azerbaijan to neutralise the Armenian army formations in Karabakh were the pinnacle of the "ethnic cleansing" against ethnic Armenians.

The measures came on the heels of a deadly shooting and mine accident that killed the Azerbaijani servicemen and police officers. The Azerbaijan Armed Forces targeted only the military formations and structures during the counter-terrorist campaign. No civilian infrastructure suffered during the hostilities. After the retreat and surrender of the Armenian army formations, Baku stopped the measures, started the disarmament of the formations, and launched a humanitarian aid campaign for the region's Armenian population.

The lawyer is seemingly unaware of the real situation on the ground in Azerbaijan with regard to the ethnic Armenian population in the country's Karabakh region. Baku has been sparing no effort to launch their reintegration by hosting the Armenian minority's representatives in three consecutive meetings.

Moreover, there are nearly 30,000 Armenian-origin people living in Azerbaijan, a multi-ethnic country home to numerous ethnicities, including Talysh, Lezgin, Kurd, Udi, Avar, Jews, Ukrainians, Russians, and more. An Armenian church is preserved in the centre of the capital Baku. However, nearly 30,000 Azerbaijanis were killed by the Armenian troops during the First Karabakh War in 1991-1994, including 613 who were murdered in the town of Khojaly in just one night on February 26, 1992.

Sean D. Murphy, a member of the UN International Law Commission, introducing the anti-Azerbaijan case of Armenia accused Azerbaijan of “taking numerous steps to displace ethnic Armenians from Nagorno-Karabakh, and said that “Azerbaijan has not taken meaningful steps to allow any possibility of ethnic Armenians' return”.

In fact, the Azerbaijani authorities, including President Ilham Aliyev, call the ethnic Armenian residents of Karabakh the citizens of Azerbaijan. Their reintegration is one of the priority issues on Baku's peace agenda.

The Armenian residents of Karabakh have been leaving the region voluntarily. They have been provided with all necessary humanitarian necessities, including food, medicine, hygiene products, and gasoline by Baku. They are repeatedly invited to stay and reintegrate. The ethnic Armenians admit to their voluntary relocation.

Azerbaijan gave access to a UN mission to visit the region on October 1 and 9. The mission said in its first assessment report that "it did not come across any reports – neither from the local population interviewed nor from the interlocutors – of incidences of violence against civilians following the latest ceasefire”.

The Armenian side called on the court to take measures to prevent Azerbaijan from hindering the International Committee of the Red Cross (ICRC) activities in the Karabakh region, as well as refrain from punishing the representatives of the illegal regime established by Armenia in the region. It also urged to ensure Azerbaijan enable free movement of the people on the Lachin road, connecting Karabakh with Armenia.

The calls by the Armenian side contradict the real situation on the ground. The ICRC reported no violation of human rights by Azerbaijan, including impediments to the movement of the Armenian residents of Karabakh to Armenia. Its representatives told an Al Jazeera reporter last week that there were no restrictive measures from the Azerbaijani side.

Azerbaijan, in fact, calls for the reintegration of the Armenian minority of Karabakh into the country's society. However, the Armenian residents have been voluntarily leaving the region. Baku has been sending humanitarian aid and facilitating their relocation.

Linos-Alexandre Sicilianos, a Greek jurist, a former president of European Court of Human Rights (2019-2020) introducing Armenia's case against Azerbaijan, described the military separatist regime leaders of Karabakh detained by Azerbaijan as "leading political leaders".

He alleged that Azerbaijan has been forcing the ethnic Armenian population of Karabakh to leave the region following the anti-terror measures in September. He called on the court to hold the Azerbaijani side responsible for the relocation of the Armenians.

The Special Service of Azerbaijan detained some of the former "officials" of the separatist regime in Karabakh. Legal motives for their arrest are based on destructive separatist and terrorist activities against the sovereignty of Azerbaijan.

The allegations contradict the measures taken by Azerbaijan to reintegrate the ethnic Armenian minority of Karabakh through three consecutive dialogues with the minority's representatives. The state institutions of the country have been operating in Karabakh to help those Armenians wishing to stay, reintegrate in the Azerbaijani society.

Alison Mcdonald, an Essex Court Chamber Barrister from the United Kingdom, speaking on behalf of Armenia, said that “Azerbaijan conducts forced displacement of ethnic Armenians of Karabakh, and added that “Azerbaijan is consolidating the ethnic cleansing in Nagorno-Karabakh”.

It should be noted that upon the request of the minority's representatives, Baku dispatched buses to ease the Armenian residents' voluntary relocation to Armenia. No cases of intimidation, persecution or threats have been reported by Azerbaijan. The ethnic Armenians themselves have repeatedly admitted to their personal decision to leave.

Caliber.Az