The President of Artsakh asked the former chief prosecutor of the International Criminal Court for an expert opinion on whether the blockade is genocide

On July 29, 2023, the President of the Republic of Artsakh (Nagorno-Karabakh), Arayik Harutyunyan, sent a letter to Luis Moreno Ocampo, a leading specialist in international law, former chief prosecutor of the International Criminal Court and lecturer at Harvard and Yale universities, asking for an expert opinion on whether the deepening blockade of Artsakh corresponds to the crime of genocide. It is stated in the letter, particularly:

“As the President of the Republic of Artsakh (Nagorno-Karabakh), I request your expert opinion regarding the current situation of 120,000 Armenians of Nagorno-Karabakh. We considered that your practice as the founder Chief Prosecutor of the International Criminal Court (2003-2012), particularly your request to issue an arrest warrant for Genocide against the President of Sudan, would be relevant to provide us with the information required. We need your opinion on three questions:

“a) Could it be considered that the blockade of our people by Azerbaijan since December 12, 2022, and especially the blockage of all kinds of humanitarian assistance to Nagorno-Karabakh implemented since June 15, 2023, constitutes the crime of genocide?

“b) Has the International Criminal Court jurisdiction on the matter?

“c) Who could be personally responsible? Please consider this as an urgent request, given the deteriorating humanitarian and security situation in my country daily and the growing sufferings of my people. I am attaching a report providing relevant information.”

In an interview with Artsakhpress, Lusine Avanesyan, the press secretary of the Artsakh Republic President said that Mr. Ocampo has sent a reply letter to the President, in which he specifically wrote:

”Dear President of the Artsakh Republic Arayik Harutyunyan

“Thank you very much for your request to provide my opinion regarding the current situation of Nagorno-Karabakh. It would be my honor to analyze the problem and provide you with my conclusion.

“I will prepare a comprehensive report analyzing the facts and the law. My assessment will be impartial and produced on a pro bono basis.

“To reach a conclusion regarding the commission of genocide, I must analyze the Azerbaijan leaders’ intentions. The intention could be deduced from the facts, but to safeguard my accuracy and impartiality, I will write to the Azerbaijan President offering him the opportunity to clarify his position directly.

“Given the situation’s urgency and the risk of starvation for 120.000 Armenians, I plan to issue my report in 7 days.

“Please don’t hesitate to communicate any new circumstance that could affect the situation in analysis.

Yours,  Luis Moreno Ocampo”

Lachin Corridor, the only road connecting Nagorno Karabakh with Armenia and the rest of the world, has been blocked by Azerbaijan since late 2022. The Azerbaijani blockade constitutes a gross violation of the 2020 Nagorno Karabakh ceasefire agreement, which established that the 5km-wide Lachin Corridor shall be under the control of Russian peacekeepers. Furthermore, on February 22, 2023, the United Nations’ highest court – the International Court of Justice (ICJ) – ordered Azerbaijan to “take all steps at its disposal” to ensure unimpeded movement of persons, vehicles, and cargo along the Lachin Corridor in both directions.  Azerbaijan has been ignoring the order ever since. Moreover, Azerbaijan then illegally installed a checkpoint on the Lachin Corridor. The blockade has led to shortages of essential products such as food and medication. Azerbaijan has also cut off gas and power supply into Nagorno Karabakh, with officials warning that Baku seeks to commit ethnic cleansing against Armenians in Nagorno Karabakh. Hospitals have suspended normal operations. 

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