ICJ Approves Armenia's Application for Interim Measures in Armenia-Azerbaijan Case
Armenia's Latest Request in the Ongoing Legal Battle Seeks to Halt Azerbaijani Actions in Nagorno-Karabakh Conflict
The long-standing legal battle between Armenia and Azerbaijan has reached a critical juncture as the International Court of Justice (ICJ) deliberated over Armenia's fifth request for provisional measures following alleged breaches of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). The recent mass ethnic cleansing in the Nagorno-Karabakh conflict has prompted Armenia to seek urgent interventions to protect ethnic Armenians and preserve cultural heritage in Artsakh.
The ICJ's proceedings began in September 2021 when Armenia initiated legal actions against Azerbaijan, citing violations of the CERD. The Court, in its Order of December 7, 2021, imposed provisional measures, urging Azerbaijan to protect detainees from harm related to the 2020 conflict, prevent racial discrimination, and safeguard Armenian cultural heritage. Subsequent requests for modifications and new provisional measures were made by both parties, leading to multiple ICJ Orders reaffirming and adjusting these measures.
Armenia's latest plea, filed on September 28, 2023, highlights a grave development. It accuses Azerbaijan of launching a significant military assault on Nagorno-Karabakh on September 19, 2023, resulting in casualties, injuries, and the forced displacement of thousands of ethnic Armenians. The request for provisional measures demands immediate action from Azerbaijan to cease activities that could violate CERD and impede the return of displaced Armenians to their homes.
The detailed list of measures sought by Armenia includes refraining from displacing ethnic Armenians, withdrawing military personnel from civilian establishments in Nagorno-Karabakh, facilitating UN and Red Cross access to the region, restoring public utilities, preserving monuments and cultural artifacts, recognizing civil registers, and submitting periodic reports on compliance.
Armenia further emphasizes the necessity for the ICJ to reinforce Azerbaijan's obligations outlined in previous court orders, highlighting the urgency of the situation and the need for swift action to prevent further deterioration of the conflict.
The gravity of the allegations and the urgent humanitarian concerns shows the significance of the Court's decision in providing immediate relief and shaping the course of this humanitarian crisis that Azerbaijan has created.
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