Azerbaijan has petitioned the judges of the International Court of Justice (ICJ) to dismiss a racial discrimination lawsuit filed by Armenia in September 2021. In the case, Armenia accuses Azerbaijan of discrimination and ethnic cleansing of the Armenian population, an alleged violation of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).
Elnur Mammadov, Deputy Minister of Azerbaijan, argued that Armenia misapplied the CERD by basing its allegations on Article 22 of the convention when raising issues of “serious mistreatment of Armenians including soldiers, prisoners of war and civilians,” due to the military conflict over the Nagorno-Karabakh region. Mammadov posited that such matters fall outside the ICJ’s jurisdiction under the CERD. He also stated that Armenia did not endeavour to engage in negotiations with Azerbaijan to resolve the dispute, a prerequisite mentioned in Article 22, before proceeding to court.
Azerbaijan’s legal representative, Samuel Wordsworth, agreed with Mammadov, arguing that the ICJ does not have the jurisdiction to make a ruling on Armenia’s complaints. Wordsworth asserted that Armenia’s allegations, if proven, would constitute severe breaches of international humanitarian law, not falling within the scope of the CERD. He further claimed that connecting these allegations with the application or interpretation of the CERD amounts to an “impermissible conflation” between the convention and international humanitarian law.
The origin of this case is a long-standing conflict between Armenia and Azerbaijan over the Nagorno-Karabakh region. This territory, located within Azerbaijan, has been controlled by Armenian forces since 1994 and houses the breakaway state of Artsakh. However, in September 2023, Azerbaijan successfully conducted a military operation in this disputed region, ending Armenian control. This led to the official dissolution of the State of Artsakh and the mass exodus of the majority of the population inhabiting the region to Armenia.
Azerbaijan has certain obligations under the CERD towards the Armenian population, such as ensuring a safe and unhindered return of Armenian citizens who left Nagorno-Karabakh and guaranteeing equal and fair treatment to those who chose to stay. Nonetheless, Armenia did not find these obligations credible and took the dispute to international justice, calling for provisional measures against what it terms as the “ethnic cleansing” of Armenians and the deliberate destruction of their culture.
The case between the two nations is still pending before the ICJ, with hearings scheduled till April 19. The full legal and geopolitical implications will only become clear after a final judgment is rendered by the court.