The public hearings at the International Court of Justice on the preliminary objections raised by Azerbaijan in the case concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan) concluded today.
During the hearings, which opened on Monday, 15 April 2024, the delegation of Azerbaijan was led by Elnur Mammadov, Deputy Minister for Foreign Affairs of the Republic of Azerbaijan, as Agent.
The delegation of Armenia was led by Yeghishe Kirakosyan, Representative of the Republic of Armenia on International Legal Matters, as Agent.
The Republic of Azerbaijan requested that the Court issues a Judgment:
1. Dismissing Armenia’s Application in its entirety on the ground that none of Armenia’s claims is properly before the Court because Armenia has failed to comply with the negotiation precondition required by Article 22 of CERD
2. In addition, or in the alternative, declaring that the Court lacks jurisdiction ratione materiae with respect to Armenia’s claims concerning alleged violations by Azerbaijan of its obligations under:
i. Articles 2 (1), 4 (a) and 5 (b) of the CERD by engaging in the discriminatory murder, torture and inhumane treatment of members of Armenia’s armed forces during the active hostilities phase of armed conflict;
ii. Articles 2 (1), 4 (a) and 5 (b) of the CERD by engaging in discriminatory murder, torture and inhumane treatment of Armenian civilians during the active hostilities phase of armed conflict, except with respect to any allegations, which Armenia has particularized with reference to specific evidence purportedly indicating misconduct ‘capable’ of falling within CERD;
iii. Articles 2 and 5 (a) of the CERD by engaging in practices of discriminatory arbitrary detention of ethnic Armenians; and
iv. Articles 2 and 5 (a) of the CERD by engaging in practices of discriminatory enforced disappearance of ethnic Armenians.”
On the basis of its written and oral submissions, the Republic of Armenia requests that the Court:
- Reject the first preliminary objection raised by Azerbaijan
- Reject the second preliminary objection raised by Azerbaijan; or in the alternative, decide that Azerbaijan’s second preliminary objection does not possess an exclusively preliminary character.”
“This week Azerbaijan disregarded the legal standards clearly established by the Court’s jurisprudence and distorted Armenia’s factual evidence. But Azerbaijan’s tactics has failed. It’s stance is not conducive to good administration of justice,” Armenia’s representative Yeghishe Kirakosyan said in his closing remarks.
He said “Armenia genuinely attempted to negotiate its claims under the CERD, but to no avail.”
“Azerbaijan’s racist violence, arbitrary detentions and enforced disappearances perpetrated against ethnic Armenians are plainly capable of falling within the CERD,” Kirakosan said.
The Court will now begin its deliberation. The Court’s decision on the preliminary objections will be delivered at a public sitting, the date of which will be announced in due course.
On 16 September 2021, Armenia instituted proceedings against Azerbaijan concerning violations of the International Convention on the Elimination of All Forms of Racial Discrimination.
