Cases Examined under the International Convention on the Elimination of All Forms of Racial Discrimination
Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan)
In response to Azerbaijan’s long-standing policy of hostility towards Armenians and ethnic discrimination, Armenia filed a lawsuit against Azerbaijan under the International Convention on the Elimination of All Forms of Racial Discrimination (referred to as the Convention) on September 16, 2021, at the International Court of Justice (referred to as the Court), along with a request for preliminary measures.
On December 7, 2021, the Court, through its decision, granted the majority of Armenia’s requests for provisional measures. Azerbaijan was instructed to:
Ensure the protection of detained individuals from violence and physical harm.
Prevent the incitement and promotion of racial discrimination and hatred against ethnic Armenians, including by government officials and institutions.
Prevent and punish acts of vandalism and desecration of Armenian cultural heritage.
Refrain from exacerbating or prolonging the ongoing dispute.
Throughout 2022, monitoring of Azerbaijan’s compliance with the preliminary measures mandated by the Court’s December 7, 2021 decision took place. Armenia extensively presented evidence and facts regarding serious violations committed by Azerbaijan in numerous letters addressed to the Court.
International partners and organizations were regularly informed about the systematic anti-Armenian hatred and racial discrimination prevailing in Azerbaijan, as well as other violations committed by Azerbaijan.
On 21 January 2022, the Court provided Armenia with a deadline of 23 January, 2023, to submit its comprehensive claim.
Following Azerbaijan’s large-scale aggression against Armenia’s sovereign territory on 13-14 September 2022, Armenia filed a petition to amend the Court’s decision regarding the interim measure granted on December 7, 2021. The Court was also informed about Azerbaijan’s serious violations of its previous decision.
On 12 October 2022, the Court reaffirmed Azerbaijan’s obligation to protect all Armenians captured during the September 2022 armed attack on Armenia’s sovereign territory and in any future related conflicts.
Due to Azerbaijan’s blockade of the Lachin Corridor, a new request for preliminary measures was submitted to the Court on December 28, 2022, seeking an order for Azerbaijan to cease the illegal blockade of the corridor.
On 23 January 2023, Armenia presented its complete interstate complaint to the Court, consisting of a 750-page document accompanied by approximately 6,000 pages of evidence.
On 22 February 2023, the Court issued a decision granting Armenia’s main request for provisional measures and ordering Azerbaijan to ensure uninterrupted movement of citizens, vehicles, and cargo through the Lachin Corridor until a final decision is reached in the case of Armenia vs. Azerbaijan.
Immediately after Azerbaijan’s attack on Nagorno-Karabakh on 19 September 2023, Armenia submitted a request for interim measures to the Court. Despite certain commitments made by Azerbaijan during the judicial hearings held on 12 October 2023, the Court found that these were insufficient to fully eliminate the risk of irreparable harm to the rights of the ethnic Armenians of Nagorno-Karabakh. On 17 November 2023, the Court granted Armenia’s fifth request and imposed new interim measures on Azerbaijan. The Court’s decision in Armenian is available through this link.
At the same time, the Court obliged Azerbaijan to “submit a report on the steps taken to implement the interim measures and the obligations undertaken by Azerbaijan’s representative in the Court within eight weeks.” Azerbaijan submitted its report, and Armenia then submitted its comments on Azerbaijan’s report. In this decision, the Court also reaffirmed the interim measures imposed in its decisions of 7 December 2021, and 22 February 2023.
The Court’s decision is significant, as never before in the history of the Court have so many interim measures been applied against any other state within the framework of a single judicial proceeding, highlighting Azerbaijan’s failure to fulfill its international obligations.
On 12 November 2024, the International Court of Justice issued its ruling in the case of Armenia v. Azerbaijan. The Court fully rejected Azerbaijan’s preliminary objections under the International Convention on the Elimination of All Forms of Racial Discrimination. The Court found that the conditions under Article 22 of the Convention were met. Specifically, Armenia had negotiated in good faith regarding the application and interpretation of the Convention, and negotiations had failed when Armenia filed its complaint on 16 September 2021. The Court completely rejected Azerbaijan’s preliminary objections concerning the Court’s jurisdiction ratione materiae. Specifically, the Court recorded that Armenia’s claims related to the killings, torture, and inhuman treatment of ethnic Armenians by Azerbaijan, as well as unlawful detentions and enforced disappearances, stemmed from the Convention.
On 16 September 2021, one week after Armenia filed a lawsuit against Azerbaijan under the Convention and requested preliminary measures, Azerbaijan filed a counter lawsuit against Armenia under the same Convention, simultaneously seeking provisional measures.
On 7 December 2021 the Court rejected most of Azerbaijan’s requests for preliminary measures.
The Court instructed Armenia to:
Take all necessary measures to prevent the incitement and promotion of racial hatred against Azerbaijanis based on nationality and ethnicity, including by individuals and private organizations.
Refrain from exacerbating or prolonging the ongoing dispute.
In 2022, Armenia processed and submitted responses to letters submitted by Azerbaijan to the Court regarding alleged violations of the Court’s 7 December 2021 decision.
On 22 February 2023 the Court rejected in its entirety Azerbaijan’s request for an urgent measure, which it had asked to oblige Armenia to take measures to support demining operations in areas under Azerbaijan’s control, as well as to refrain from installing new mines.
On 12 November 2024, the International Court of Justice issued its judgment in the case of Azerbaijan v. Armenia.
The Court upheld Armenia’s objections against Azerbaijan. The Court agreed with Armenia’s preliminary objections concerning its temporal and subject-matter jurisdiction. As a result, Azerbaijan’s claims against Armenia, which related to alleged violations occurring prior to September 15, 1996, during and immediately after the First Nagorno-Karabakh War, as well as claims of alleged environmental damage, were fully dismissed. The Court also addressed Armenia’s objection concerning Azerbaijan’s claims regarding landmines and explosives, noting that Azerbaijan no longer presents a separate claim regarding landmines. Therefore, the objection raised by Azerbaijan was deemed moot. Armenia will contest and prove the baselessness of these claims during the merits phase of the case.
