ICJ Order Says Baku Must Ensure Safety Of Armenians Who Want To Return To Nagorno-Karabakh

The International Court of Justice (ICJ) has published a preliminary order calling on Azerbaijan to ensure the safety of Armenians who want to return to Nagorno-Karabakh following Azerbaijan’s lightning offensive in September that resulted in Baku regaining control of the region.

November 17, 2023 – The ICJ decision on November 17 concluded that pending a final decision in the case, Azerbaijan must ensure that people who left Nagorno-Karabakh after September 19 and wish to return “are able to do so in a safe, unimpeded, and expeditious manner.”

The same applies to people who wish to depart Nagorno-Karabakh, while those who wish to stay must remain “free from the use of force or intimidation that may cause them to flee,” the court said in its decision, approved 13-2 by the judges.

The judges also called on Azerbaijan to “protect and preserve registration, identity, and private property documents and records” of people in the region and told the country to submit a report to the UN’s top court within eight weeks on the steps taken to apply the provisional measures.

The decision is a preliminary step in a case brought by Armenia accusing Azerbaijan of breaching an international convention against racial discrimination linked to Nagorno-Karabakh. Azerbaijan also has brought a case against Armenia alleging breaches of the same convention. It is likely to take years to resolve the cases.

The Azerbaijani Foreign Ministry said Baku welcomed the court’s decision, saying it confirms the sovereignty and territorial integrity of Azerbaijan.

“It is worth noting that the court also rejected the groundless and ridiculous request to withdraw the personnel of all the military and law enforcement agencies of Azerbaijan from the Karabakh region,” the Azerbaijani Foreign Ministry said in a statement.

According to the statement, the measures mentioned by the court accept the already declared policy of the Azerbaijani government regarding the Armenian residents of Karabakh.

“This includes our commitment to ensure the safety and security of all residents, regardless of national or ethnic origin,” it said.

The decision released on November 17 comes after Armenia asked The Hague-based ICJ to order so-called provisional measures guaranteeing safety and protecting property and identity documents.

Armenia made the request after Azerbaijan’s army routed ethnic Armenian forces in Nagorno-Karabakh in a 24-hour campaign that began on September 19. The region’s ethnic Armenian government agreed within days to disband itself by the end of the year as more than 100,000 ethnic Armenians fled Nagorno-Karabakh.

The Azerbaijani Foreign Ministry’s statement reiterated the country’s position that it did not force out any ethnic Armenians and that many left despite the government’s call for them to stay.

Azerbaijani Deputy Foreign Minister Elnur Mammadov pledged at a hearing before the ICJ in October that Azerbaijan would do all it could to ensure the safety and rights of all citizens in the region.

The court said on November 17 that the pledges “are binding and create legal obligations for Azerbaijan.”

The ICJ decision also said that Azerbaijan’s operation in Nagorno-Karabakh took place in the context of “the long-standing exposure of the population of Nagorno-Karabakh to a situation of vulnerability and social precariousness.”

It said the residents of Nagorno-Karabakh “have been severely impacted by the long-lasting disruption of the connection between Nagorno-Karabakh and Armenia via the Lachin Corridor.”

azatutyun.am