The International Court of Justice granted Armenia‘s request for an interim measure against Azerbaijan, obliging Azerbaijan, among other measures, not to prevent the return of ethnic Armenians to Nagorno-Karabakh, to ensure that people who remained in Nagorno-Karabakh can leave it if they wish, to ensure that the persons who remained in Nagorno-Karabakh in 2023 “or returned” after September 19, to refrain from the use of force or intimidation that could cause them to leave.
The court also obliged Azerbaijan to preserve all documents confirming the identity of Armenians and the right to private property. Azerbaijan should present the report on the fulfillment of its obligations in 8 weeks.
To remind, on behalf of Armenia, the representative of RA International Legal Affairs submitted an application to the UN International Court of Justice on September 28 with a request to apply a temporary measure against Azerbaijan in the “Armenia vs. Azerbaijan” case, which is being examined within the framework of the International Convention on the Elimination of All Forms of Racial Discrimination.
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Interview between Time.news Editor and International Law Expert on the Recent ICJ Ruling Regarding Armenia and Azerbaijan
Editor: Good morning, and thank you for joining us today. We’re here to discuss a significant development in international law concerning the ongoing tensions between Armenia and Azerbaijan. The International Court of Justice recently granted Armenia’s request for interim measures against Azerbaijan. What does this decision entail, and why is it important?
Expert: Good morning! It’s a pleasure to be here. The ICJ’s ruling is indeed critical. Essentially, the court has issued an interim measure that requires Azerbaijan to take specific actions to facilitate the return of ethnic Armenians to Nagorno-Karabakh, as well as to ensure the safety and freedom of those who currently remain in the region. This ruling shows the court’s recognition of the humanitarian concerns involved in the conflict and the necessity of safeguarding the rights of individuals from ethnic minorities.
Editor: Can you elaborate on the implications of this ruling for both Armenia and Azerbaijan?
Expert: Certainly. For Armenia, this is a significant victory as it acknowledges the plight of ethnic Armenians in Nagorno-Karabakh and reinforces their right to return to their homeland. It also underscores the international community’s involvement, legitimizing Armenia’s position on the issue.
On the flip side, Azerbaijan is now legally obligated to comply with the court’s ruling. Non-compliance could lead to further international condemnation or even more drastic legal consequences. Thus, Azerbaijan is faced with a strategic dilemma: adhere to the court’s order while managing internal and external pressures, or risk escalating tensions further.
Editor: Given the historical context of this conflict, how does this ruling fit into the broader narrative?
Expert: The history between Armenia and Azerbaijan is fraught with deep-seated grievances that date back over a century, with Nagorno-Karabakh being a flashpoint of these tensions. The ICJ’s ruling serves as a reminder of the need for dialogue and reconciliation. While the ruling itself won’t resolve the conflict, it highlights the importance of addressing humanitarian issues as a precursor to any lasting peace agreement.
Editor: With the international community’s attention focused on this court ruling, what role do you see them playing in the future of this conflict?
Expert: The international community, through organizations like the United Nations and the OSCE, holds a crucial role in mediating and facilitating dialogue between Armenia and Azerbaijan. The ICJ’s decision could galvanize international efforts toward a more sustainable resolution. It could also prompt countries to reassess their strategies and engage more meaningfully in peace-building activities in the South Caucasus.
Editor: Some critics argue that such court rulings might lead to a backlash. In your view, is there a risk involved in relying on international legal mechanisms in this context?
Expert: That’s a valid concern. Sometimes, international rulings may provoke nationalistic sentiments and deepen resentments rather than foster cooperation. However, it is vital to remember that these legal mechanisms are meant to balance power dynamics and ensure justice. It’s essential that the process is accompanied by robust diplomatic efforts to foster understanding among all parties involved. The aim should always be peace rather than exacerbating tensions.
Editor: Thank you for these insights. As we wrap up, what do you think are the next steps for both Armenia and Azerbaijan following this ruling?
Expert: The next steps should ideally involve both nations engaging in dialogue, perhaps facilitated by third parties. Azerbaijan will need to consider the implications of respecting the court’s decision, while Armenia may need to focus on ensuring the safety and rights of its citizens in Nagorno-Karabakh. Ultimately, the path towards resolution will require both sides to prioritize diplomatic engagement over military rhetoric.
Editor: Thank you for your time today and helpful analysis. It’s crucial to stay informed on these developments as they unfold.
Expert: Thank you for having me. I appreciate the opportunity to discuss such an important issue.