THE HAGUE, Netherlands (CN) — Armenia told judges at the International Court of Justice on Monday they should throw out a complaint from Azerbaijan over racial discrimination, arguing the U.N.’s highest court doesn’t have jurisdiction.
The neighboring countries have each initiated proceedings at The Hague-based court, accusing the other of violating the Convention on the Elimination of All Forms of Racial Discrimination, or CERD, since the start of a bloody 2020 war which has continued to flare up.
“Azerbaijan is, of course, free to accuse Armenia of whatever it wishes, but what Azerbaijan cannot do is to extend the court's jurisdiction beyond this limit under the CERD. And it is Azerbaijan's attempt to do so that gives rise to Armenia's objections now before the court,” Armenia’s agent, Yeghishe Kirakosyan, told the court.
The 1965 convention requires signatories to take steps to end racial discrimination and promote understanding between differing nationalities, races and ethnic groups.
Azerbaijan, however, only ratified the treaty in 1996. Armenia says that most of Azerbaijan’s claims date from the First Nagorno-Karabakh War, which lasted from 1988 until 1994.
The Nagorno-Karabakh region has been a source of conflict for decades; war first broke out over the territory in 1988, and lasted through the fall of the Soviet Union. The 1,700-square-mile area technically falls within the borders of Azerbaijan but is overwhelmingly ethnically Armenian. A cease-fire was negotiated in 1994 after some 30,000 were killed, but the peace was fragile.
Violence erupted again in 2020, leaving more than 6,000 dead. Last year, after months of blockading the only road in and out, more than 120,000 residents fled after another escalation by Azerbaijan military forces.
During hearings in 2021, Azerbaijan told the court that Armenian forces had heavily mined the area and were refusing to help in efforts to remove the explosive devices. Yerevan denies the charges, turning the accusations back on the Azeris.
“Many of the land mines in question were planted by Azerbaijan. And it was Azerbaijan that vehemently obstructed de-mining in Nagorno-Karabakh for decades by blacklisting the sole humanitarian de-mining organization operating in Nagorno-Karabakh,” lawyer Lawrence Martin, of Foley Hoag in Washington representing Armenia, said.
The court has twice issued emergency orders telling both sides to de-escalate tensions. In 2021, it called on Azerbaijan to ensure free movement along the only highway into Nagorno-Karabakh and last year, it told Baku to allow Armenians back into the region if they wish to return.
Last week, Azerbaijan asked judges to dismiss the case initiated by Armenia. Baku says Armenia failed to meet an obligation in the treaty to first try negotiating before bringing the dispute before the court.
Hearings will continue Tuesday.
Follow @mollyquell
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.
Additional Reads
-
-
White House silent on reported Israeli strike against Iran April 19, 2024
