International courts witness heated disputes between Armenia and Azerbaijan in quest for legal triumph
The peace process between Armenia and Azerbaijan remains a knotty affair in the Caucasus. On one hand, they're attempting diplomatic resolution, but on the other, they're locked in a contentious standoff at The Hague's International Court of Justice (ICJ).
April Hearings at the ICJ set the stage for a heated debate. Armenia accused Azerbaijan of war crimes, including incitement of hatred towards Armenians that led to mass fatalities and an attempt to erase Armenian culture in Nagorno-Karabakh. These allegations stem from the territory's reconquest by Azerbaijan last year, which resulted in the displacement of over 100,000 Karabakh Armenians.
Armenia's representative, Yeghishe Kirakosyan, described Azerbaijan's aggression as racially motivated during the hearings on April 16: "There is no better example of racial discrimination, uprooting peace, and security, than Azerbaijan's recent acts of war, leading to the ethnic cleansing of Nagorno-Karabakh."
A day prior, Azerbaijan requested dismissal of the case, arguing it fell outside the ICJ's purview due to a technicality. Previously, similar lawsuits had been filed by both parties, and these cases might take years to resolve.
Last fall, the ICJ made a ruling on an injunction, stating that Armenian refugees from Karabakh had the right to return to their homes if they wished, under safe, unimpeded, and expeditious conditions.
In a separate matter, a California-based human rights group submitted evidence of Azerbaijani war crimes to the International Criminal Court (ICC) in The Hague on April 18. However, officials from Baku have yet to issue a formal response to this petition. The petition calls for an investigation into Azerbaijani citizens' conduct during the Karabakh conflict. Armenia, following ratification of the Rome Statute in early 2024, became an ICC state party. The ICJ and ICC are separate legal entities, with the ICJ addressing interstate disputes, and the ICC focusing on individual criminal responsibility for war crimes.
Just weeks earlier, Armenian Prime Minister Nikol Pashinyan mulled over the possibility of both sides abandoning their respective cases as part of a comprehensive peace deal. However, this suggestion has faced opposition from various quarters in Yerevan, uniting diverse segments of society against such a move. Critics view it as another unilateral concession by the government, following Pashinyan's offer to surrender four contested villages to Azerbaijan.
Artak Beglaryan, a former high-ranking official in the defunct Nagorno-Karabakh Republic, underscored the groundlessness of Baku's complaints at The Hague. He suggested that the court case serves as political leverage. Armenian human rights advocates share this sentiment, seeing the ICJ process as essential for holding Azerbaijan accountable for human rights violations. They argue that halting The Hague proceedings would undermine efforts to achieve justice for past victims and prevent future crimes.
"Peace cannot be sustainable and lasting without attempts to restore justice," a joint statement from over 40 Armenian NGOs stated. "Justice is not only about restoring violated rights but also about preventing any similar violations in the future."
- The April hearings at The Hague's International Court of Justice focused not only on the diplomatic dispute between Armenia and Azerbaijan, but also their cultural differences as Armenia accused Azerbaijan of targeting Armenian culture in Nagorno-Karabakh.
- The legal tussle between the two nations extends beyond the war-and-conflicts in the Caucasus, as a California-based human rights group submitted evidence of Azerbaijani war crimes to the International Criminal Court in The Hague, calling for an investigation.
- In the realm of general-news, Armenia's Prime Minister Nikol Pashinyan suggested a possible peace deal that would involve shelving both nations' legal cases, but this proposal has faced opposition due to concerns it would hinder justice and accountability for past human rights violations in Nagorno-Karabakh.
