{"id":2621,"date":"2024-04-18T03:29:06","date_gmt":"2024-04-17T23:29:06","guid":{"rendered":"https:\/\/artsakhforum.net\/?p=2621"},"modified":"2024-04-19T04:07:33","modified_gmt":"2024-04-19T00:07:33","slug":"armenia-asks-world-court-to-pursue-ethnic-cleansing-case-against-azerbaijan-2","status":"publish","type":"post","link":"https:\/\/artsakhforum.net\/?p=2621","title":{"rendered":"Armenia asks World Court to Pursue Ethnic Cleansing Case against Azerbaijan"},"content":{"rendered":"\n<p>APRIL 18, 2024<\/p>\n\n\n\n<p>by<\/p>\n\n\n\n<p>\u00a0<a href=\"https:\/\/mirrorspectator.com\/author\/mirrorspec\/\" target=\"_blank\" rel=\"noreferrer noopener\"><em>The Armenian Mirror-Spectator<\/em><\/a><\/p>\n\n\n\n<p>THE HAGUE (Public Radio of Armenia\/Panorama.am) \u2014 Armenia on April 16 urged the International Court of Justice (ICJ) to hold Azerbaijan responsible for ethnic cleansing of Armenians from Nagorno-Karabakh.<\/p>\n\n\n\n<p>\u201cAfter threatening to do so for years, Azerbaijan has completed the ethnic cleansing of the region and is now systematically erasing all traces of ethnic Armenians\u2019 presence,\u201d Armenia\u2019s representative, Yeghishe Kirakosyan, said on the second day of hearings at the UN\u2019s top court.<\/p>\n\n\n\n<figure class=\"wp-block-image size-large\"><img loading=\"lazy\" decoding=\"async\" width=\"1024\" height=\"683\" src=\"https:\/\/artsakhforum.net\/wp-content\/uploads\/2024\/04\/YeghisheKirakosyan@ICJ-20240416-180-01-1024x683.jpg\" alt=\"\" class=\"wp-image-2624\" srcset=\"https:\/\/artsakhforum.net\/wp-content\/uploads\/2024\/04\/YeghisheKirakosyan@ICJ-20240416-180-01-1024x683.jpg 1024w, https:\/\/artsakhforum.net\/wp-content\/uploads\/2024\/04\/YeghisheKirakosyan@ICJ-20240416-180-01-300x200.jpg 300w, https:\/\/artsakhforum.net\/wp-content\/uploads\/2024\/04\/YeghisheKirakosyan@ICJ-20240416-180-01-768x512.jpg 768w, https:\/\/artsakhforum.net\/wp-content\/uploads\/2024\/04\/YeghisheKirakosyan@ICJ-20240416-180-01-1536x1024.jpg 1536w, https:\/\/artsakhforum.net\/wp-content\/uploads\/2024\/04\/YeghisheKirakosyan@ICJ-20240416-180-01-2048x1366.jpg 2048w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\" \/><figcaption class=\"wp-element-caption\"><em>Armenia\u2019s Representative on International Legal Matters Yeghishe Kirakosyan. The International Court of Justice (ICJ), principal judicial organ of the UN, holds public hearings on the preliminary objections raised  by Azerbaijan in the case concerning the Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan), at the Peace Palace in The Hague, the seat of the Court, from Monday 15 to Friday 19 April 2024. Session held under the presidency of Judge Nawaf Salam, President of the Court. The Court\u2019s role is to settle, in accordance with international law, legal disputes submitted to it by States (its Judgments are final and binding) and to give advisory opinions on legal questions referred to it by authorized UN organs and agencies.<\/em><\/figcaption><\/figure>\n\n\n\n<p>\u201cThere is no better example of racial discrimination, upsetting peace and security than Azerbaijan\u2019s recent armed aggressions. which resulted in ethnic cleansing of all of Nagorno Karabakh,\u201d he said.<\/p>\n\n\n\n<p>\u201cTo the great regret of Armenia and the international community, not even this Court was able to stop Azerbaijan\u2019s race of ethnic cleansing. In September 2023, after starving the ethnic Armenians of Nagorno Karabakh for nine months by blocking the Lachin corridor, in fragrance violation of the Court\u2019s two orders on provisional measures, Azerbaijan launched an unprovoked attack killing hundreds and forcing over 100,000 ethnic Armenians to flee their ancestral homes,\u201d Kirakosyan stated.<\/p>\n\n\n\n<p>On Monday, April 15, Azerbaijan told the court that most of Armenia\u2019s complaints related to the armed conflicts over Nagorno-Karabakh did not fall within the scope of the UN treaty.<\/p>\n\n\n\n<p>It also accused Armenia of not genuinely engaging in negotiations before bringing the case to the ICJ. Kirakosyan rejected these claims.<\/p>\n\n\n\n<p>\u201cArmenia negotiated with Azerbaijan in good faith and pursued discussions far beyond the point of utility,\u201d he said.<\/p>\n\n\n\n<p>\u201cArmenia has no claims on Azerbaijani territory and is committed to establishing conditions for genuine and enduring peace,\u201d Kirakosyan said.<\/p>\n\n\n\n<p>\u201cHistory has taught us that genuine peace is built on justice, accountability, truth and reconciliation,\u201d Armenia\u2019s representative stated.<\/p>\n\n\n\n<figure class=\"wp-block-image size-full\"><img loading=\"lazy\" decoding=\"async\" width=\"600\" height=\"401\" src=\"https:\/\/artsakhforum.net\/wp-content\/uploads\/2024\/04\/Pierre_dArgent-CC2-e1713470243870.jpg\" alt=\"\" class=\"wp-image-2625\" srcset=\"https:\/\/artsakhforum.net\/wp-content\/uploads\/2024\/04\/Pierre_dArgent-CC2-e1713470243870.jpg 600w, https:\/\/artsakhforum.net\/wp-content\/uploads\/2024\/04\/Pierre_dArgent-CC2-e1713470243870-300x201.jpg 300w\" sizes=\"auto, (max-width: 600px) 100vw, 600px\" \/><figcaption class=\"wp-element-caption\"><em>International law professor Pierre d\u2019Argent, member of the Armenia\u00a0<\/em><\/figcaption><\/figure>\n\n\n\n<p>International law professor Pierre d\u2019Argent representing Armenia on April 16 responded to the preliminary objections raised by Azerbaijan.<\/p>\n\n\n\n<p>\u201cAzerbaijan\u2019s second preliminary objection seeks to exclude from the debate on the merits only certain allegations of violation of the Convention made by Armenia, namely allegations of arbitrary detentions of ethnic Armenians, allegations of enforced disappearances of ethnic Armenians, lastly, Armenia\u2019s claims relating to various acts of violence committed against ethnic Armenians,\u201d d\u2019Argent said.<\/p>\n\n\n\n<p>\u201cAs you know, Azerbaijan\u2019s position has apparently changed in the course of the proceedings. The question is, however, whether it has really evolved, as it is difficult to know what has changed. The distinctions Azerbaijan is making are irrelevant and meaningless under the Convention, and all the more so because there is no doubt that the conflict between Azerbaijan and the ethnic Armenians when they lived in Nagorno-Karabakh had very marked ethnic origins and dimensions. Azerbaijan yesterday acknowledged that the conflict before the Court is an \u201cethnic conflict.\u201d<\/p>\n\n\n\n<p>He continued, \u201cThus, this conflict is not an ordinary inter-state war, contrary to what, in a perfectly contradictory and decontextualised manner, Azerbaijan is trying to convince you by claiming that within this conflict there are particularly cruel and shocking acts of violence which have nothing to do with the ethnic origin of their victims.<\/p>\n\n\n\n<p>\u201cThis conflict is an ethnic conflict because for three decades, under the pretext of territorial integrity, Azerbaijan refused to accept the self-determination of the Armenians living on their ancestral lands in Nagorno-Karabakh. This conflict was-and still is-ethnically motivated and discriminatory, just as Azerbaijan\u2019s decision to put an end to this self-determination through its military operations in 2020 and, ultimately, in September 2023, was ethnically motivated and discriminatory. What Azerbaijan, through the voice of its President, calls its \u2018war of liberation,\u2019 or its \u2018patriotic war,\u2019 involved numerous discriminatory violations of the fundamental rights of ethnic Armenians, including when they took part in the hostilities. Moreover, this war resulted in the complete ethnic cleansing of Nagorno-Karabakh in defiance of the court\u2019s orders, which were intended to protect plausible Convention rights that were under serious threat.<\/p>\n\n\n\n<p>\u201cAccording to its own national narrative, Azerbaijan thus \u2018liberated\u2019 itself by waging war at the end of 2020, and then \u2014 after a complete ceasefire \u2014 by pursuing its objectives through the gradual strangulation of Nagorno-Karabakh, right up to the final coup de force in September 2023 by which the ethnic Armenian inhabitants of Nagorno-Karabakh were driven out. Thus, for Azerbaijan, its \u2018liberation\u2019 involved the rejection of any autonomy for ethnic Armenians and, ultimately, their forced exclusion from their ancestral lands, which is consolidated by the denial, destruction or alteration of any trace of the centuries-old Armenian presence in this territory. This, ladies and gentlemen of the court, is the objective and the fruit of Azerbaijan\u2019s \u2018patriotic war:\u2019 a homeland without ethnic Armenians,\u201d the law professor remarked.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<p><\/p>\n\n\n\n<figure class=\"wp-block-image size-full\"><img loading=\"lazy\" decoding=\"async\" width=\"802\" height=\"762\" src=\"https:\/\/artsakhforum.net\/wp-content\/uploads\/2024\/04\/YeghisheKirakosyan@ICJ-20240416-180-02.jpg\" alt=\"\" class=\"wp-image-2626\" srcset=\"https:\/\/artsakhforum.net\/wp-content\/uploads\/2024\/04\/YeghisheKirakosyan@ICJ-20240416-180-02.jpg 802w, https:\/\/artsakhforum.net\/wp-content\/uploads\/2024\/04\/YeghisheKirakosyan@ICJ-20240416-180-02-300x285.jpg 300w, https:\/\/artsakhforum.net\/wp-content\/uploads\/2024\/04\/YeghisheKirakosyan@ICJ-20240416-180-02-768x730.jpg 768w\" sizes=\"auto, (max-width: 802px) 100vw, 802px\" \/><\/figure>\n\n\n\n<h2 class=\"wp-block-heading\">Yeghishe Kirakosyan Represents Armenia in Case Against Azerbaijan at ICJ<\/h2>\n\n\n\n<p>APRIL 18, 2024<\/p>\n\n\n\n<p>by<\/p>\n\n\n\n<p>\u00a0<a href=\"https:\/\/mirrorspectator.com\/author\/mirrorspec\/\">The Armenian Mirror-Spectator<\/a><\/p>\n\n\n\n<p><strong>Armenia\u2019s Representative on International Legal Matters Yeghishe Kirakosyan on April 16 delivered opening remarks at a hearing of Application of the International Convention on the Elimination of All Forms of Discrimination (Armenia v. Azerbaijan) at the International Court of Justice (ICJ), The Hague.<\/strong><\/p>\n\n\n\n<p><em>Kirakosyan\u2019s full statement is provided below with minor edits for space considerations.<\/em><\/p>\n\n\n\n<p>On 16 September 2021, Armenia instituted these proceedings against Azerbaijan because of that State\u2019s egregious policies and practices of racial discrimination against ethnic Armenians. Azerbaijan\u2019s government has for decades cultivated an echo chamber of racist hatred against ethnic Armenians. The children of Azerbaijan are taught to hate and kill Armenians in their school textbooks. The State media spews vile hate speech. Public officials dehumanize ethnic Armenians and call for their complete elimination. This is the pervasive State-sanctioned racism that Azerbaijan\u2019s counsel dismissed yesterday as \u201cso-called\u201d Armenophobia. A climate in which literal axe murderers are awarded, promoted, and glorified as national heroes for killing Armenians in peace time.<\/p>\n\n\n\n<p>This longstanding State policy of racial hatred came to a violent head in September 2020 when Azerbaijan launched a war of aggression against the ethnic Armenians of Nagorno-Karabakh. The stated goal was to eliminate and expel ethnic Armenians from their homeland. As President Aliyev later revealed \u201cHatred for the enemy \u2026 was driving us forward.\u201d For 44 days, Azerbaijani soldiers systematically murdered, tortured, and abused ethnic Armenians. They gleefully filmed themselves carrying out unspeakable acts of violence against ethnic Armenian civilians and prisoners of war, all while shouting racial slurs and insults. Through this violence and intimidation, Azerbaijan ethnically cleansed large swathes of Nagorno-Karabakh in 2020, expelling at least 30,000 people from their homes. President Aliyev declared victory, proclaiming that no songs would be sung in Armenian in those lands ever again.<\/p>\n\n\n\n<p>In the aftermath of these shocking atrocities, which were the culmination of decades of racial discrimination against ethnic Armenians, Armenia sought accountability under the CERD [Committee for the Elimination of Racial Discrimination]. Importantly, Armenia also sought the Court\u2019s urgent protection for those vulnerable ethnic Armenians who, at that time, had not yet been killed or expelled from their homeland.<\/p>\n\n\n\n<p>Mr. President, Members of the Court, we all know what has happened since then. To the deep regret of Armenia and the international community, not even the Court was able to stop the tide of Azerbaijan\u2019s racist campaign of ethnic cleansing. In September 2023, after starving the ethnic Armenians of Nagorno-Karabakh for nine months by blocking the Lachin Corridor, in flagrant violation of the Court\u2019s first two Orders on Provisional Measures, Azerbaijan launched an unprovoked attack, killing hundreds and forcing over 100,000 ethnic Armenians to flee their ancestral homeland. To this day almost 200 remain missing, and their families suffer without knowing the fate of their loved ones. Just as with the Court\u2019s previous Orders, Azerbaijan remains in defiance of the Court\u2019s third Order of 17 November 2023. It has done nothing to \u201censure that persons who have left Nagorno-Karabakh after 19 September 2023 and who wish to return to Nagorno-Karabakh are able to do so in a safe, unimpeded and expeditious manner.\u201d<\/p>\n\n\n\n<p>After threatening to do so for years, Azerbaijan has completed the ethnic cleansing of the region and is now consolidating it by systematically erasing all traces of ethnic Armenian presence, including Armenian cultural and religious heritage. All this is happening while this case is pending before you. Just last month, President Aliyev lit a bonfire in Stepanakert, Nagorno Karabakh, and tweeted that the bonfire was \u201cdoing the final cleaning.\u201d<\/p>\n\n\n\n<p>Mr. President, Members of the Court: this is the context in which Armenia is pursuing claims against Azerbaijan under the CERD.<\/p>\n\n\n\n<p>Faced with Armenia\u2019s claims and the overwhelming evidence against it, Azerbaijan has desperately sought to introduce a false sense of parity between the Parties by instituting its own case against Armenia. But the challenge for Azerbaijan is that it has no videos of racist atrocities to show and no pervasive hate speech by public officials to quote. So, what has Azerbaijan done? It has resurrected three-decade-old historical grievances that clearly fall outside the temporal scope of the Court\u2019s jurisdiction. Just yesterday we heard Azerbaijan misrepresenting an early twentieth century national ideology as racist, which has nothing to do with the mainstream political realities in Armenia today. Azerbaijan has also introduced outlandish claims about alleged environmental damage that have nothing to do with racial discrimination. And it is even attempting, for a third time, to convince the Court that its allegations about landmines fall within the scope of the CERD.<\/p>\n\n\n\n<p>As Armenia will explain during the hearings that begin next week, the vast majority of Azerbaijan\u2019s claims fall squarely outside the Court\u2019s jurisdiction. Yet again, however, Azerbaijan is pursuing its same tired strategy of mirroring and whataboutism. It is undoubtedly aware of the jurisdictional challenges faced by the case it has brought against Armenia and it is now desperately attempting to convince the Court that Armenia\u2019s case also faces jurisdictional hurdles. But nothing could be further from the truth. In light of the manifest weakness of its Objections, Azerbaijan is simply hoping that the two sets of objections will cancel each other out.<\/p>\n\n\n\n<p>Mr. President, Members of the Court, this is a cynical strategy of last resort. As Armenia will explain today, neither of Azerbaijan\u2019s objections stands up to even cursory scrutiny, and its tactic must fail.<\/p>\n\n\n\n<p>Azerbaijan\u2019s First Objection is simply not serious. Not only does Azerbaijan\u2019s understanding of the negotiation requirement of Article 22 turn the Court\u2019s jurisprudence on its head, Azerbaijan\u2019s presentation of the facts also distorts reality. What Azerbaijan refers to as \u201cnegotiations about negotiations\u201d was in fact an agenda imposed by Azerbaijan with the sole purpose of prolonging negotiations for as long as possible. What Azerbaijan refers to as a \u201cconfidence-building\u201d exercise, was happening at a time when the Azerbaijani army was still expelling ethnic Armenians from their homes. While Azerbaijan was making a so-called \u201cproposal for joint action\u201d, it was also torturing ethnic Armenian detainees, and destroying Armenian cultural heritage. While Azerbaijan, as it claims, was making \u201cprogress\u201d in negotiations it was opening its military trophies park and ridiculing ethnic Armenians with racist mannequins. Mr. President, Members of the Court, in such a context, one year of negotiations was one year too many. Armenia nevertheless negotiated with Azerbaijan in good faith and pursued discussions far beyond the point of futility. Armenia has fulfilled the requirements of Article 22 in letter and spirit, and Azerbaijan\u2019s First Objection fails.<\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"APRIL 18, 2024 by \u00a0The Armenian Mirror-Spectator THE HAGUE (Public Radio of Armenia\/Panorama.am) \u2014 Armenia on April 16 urged the International Court of Justice (ICJ) to hold Azerbaijan responsible for ethnic cleansing of Armenians from Nagorno-Karabakh. \u201cAfter threatening to do so for years, Azerbaijan has completed the ethnic cleansing of the region and is now [&hellip;]","protected":false},"author":1,"featured_media":2623,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[16,45,8],"tags":[],"class_list":["post-2621","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-en","category-news-en","category-home_slide"],"acf":[],"cc_featured_image_caption":{"caption_text":"","source_text":"","source_url":""},"_links":{"self":[{"href":"https:\/\/artsakhforum.net\/index.php?rest_route=\/wp\/v2\/posts\/2621","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/artsakhforum.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/artsakhforum.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/artsakhforum.net\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/artsakhforum.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2621"}],"version-history":[{"count":2,"href":"https:\/\/artsakhforum.net\/index.php?rest_route=\/wp\/v2\/posts\/2621\/revisions"}],"predecessor-version":[{"id":2628,"href":"https:\/\/artsakhforum.net\/index.php?rest_route=\/wp\/v2\/posts\/2621\/revisions\/2628"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/artsakhforum.net\/index.php?rest_route=\/wp\/v2\/media\/2623"}],"wp:attachment":[{"href":"https:\/\/artsakhforum.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2621"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/artsakhforum.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2621"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/artsakhforum.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2621"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}