Armenia’s legal representatives have requested the International Court of Justice to dismiss Azerbaijan’s lawsuit regarding the disputed Karabakh region. Azerbaijan initiated the case in 2021, alleging ethnic cleansing by Armenia, following Armenia’s own case against Azerbaijan in response to the 2020 Karabakh war.
Armenia disputes the court’s jurisdiction in Azerbaijan’s case, asserting that the allegations largely stem from an earlier conflict. The lawsuit is based on the International Convention on the Elimination of All Forms of Racial Discrimination, which Azerbaijan ratified in 1996. According to Armenia, most of the complaints date back to the first Karabakh war, which concluded two years before Azerbaijan’s ratification.
“Azerbaijan cannot be allowed to sit on its alleged grievances under CERD for nearly 30 years, only to finally pursue them after many witnesses are long gone and the evidence has disappeared,” Yeghishe Kirakosyan, Armenia’s representative, argued before the court.
Karabakh lies within Azerbaijan’s borders but was under the control of ethnic Armenian forces backed by Armenia from 1994 until last year. After escalating tensions in 2020, Azerbaijan regained control over parts of the region and adjacent territories under a Russia-brokered ceasefire agreement. In 2023, Azerbaijan launched a brief military operation in Karabakh, forcing the majority of the region’s 120,000 inhabitants to flee.
During hearings in 2021, Azerbaijan accused Armenia of planting landmines in the area and obstructing clearance efforts. Armenia denies engaging in racial discrimination and dismisses Azerbaijan’s claims as baseless. The court has twice ordered both parties to take steps towards reducing tensions. In 2021, the court instructed Armenia to “prevent the incitement and promotion of racial hatred” against Azerbaijanis, while Azerbaijan was ordered to prevent the mistreatment of prisoners of war. A second emergency order last year required Azerbaijan to lift a blockade and permit humanitarian supplies to enter.
The convention against racial discrimination includes a provision for resolving disputes through the world court if bilateral negotiations fail to achieve a settlement. In December, both sides agreed to initiate peace treaty negotiations. However, many residents of Armenia’s border regions have opposed the demarcation process, viewing it as Azerbaijani encroachment on their territory. Armenia’s Prime Minister Nikol Pashinyan emphasized last month the urgent need to establish a border with Azerbaijan to avert further hostilities.
