Possibility of Returning Prisoners of War: What Does Azerbaijan Demand?

On October 14 and 15, hearings were held at the International Court of Justice (ICJ) regarding a motion filed by Armenia against Azerbaijan. Armenia has submitted its complaint based on violations of the Convention on the Elimination of All Forms of Racial Discrimination. Concurrently, Armenia requested the court to implement a range of urgent measures, including the closure of the Strategist Park in Baku and the return of prisoners of war and detained civilians. This request for interim measures aims to address these specific issues.

Siranush Sahakyan, a representative of Armenian prisoners’ interests at the European Court of Human Rights (ECHR), discussed the hearings with Hraparak.am, noting that positions have been expressed and demands clarified. ‘Each side managed to present arguments related to its claims, and it seems we officially heard for the first time the legal positions of Azerbaijan on these matters. This phase of the case ‘Armenia v. Azerbaijan’ is now completed, and we are awaiting the court's decision, which is preliminarily expected within 1 to 1.5 months,’ she stated. ‘Azerbaijan creates mirror images, aiming not only to defend itself but also to act preemptively, misleading the international community in doing so.’

Below is an excerpt from the interview:

• Will the ICJ decide to release the Armenian prisoners of war?
  Yes, there is that possibility, and it is quite high. The range of immediate measures is quite broad, and I have no doubt that the court will implement some urgent measures. The question is how extensive these measures will be, and secondly, whether there will be an equal sign placed or whether Azerbaijan's demands will be satisfied, or if the reality will be objectively and correctly represented.
• What position did Azerbaijan express regarding the prisoners of war during the hearings?
  First, Azerbaijan denies that they are prisoners of war, instead asserting that they are merely individuals who illegally crossed the border and therefore committed terrorism. They deny that the individuals held in Baku are prisoners of war, presenting them as criminals.
• If Armenia meets Azerbaijan's demands, will it be possible to return the prisoners of war to Armenia?
  It depends on what demands the court will set. The fact that Armenia will comply with the ICJ decision does not guarantee that Azerbaijan will also comply with the ICJ decision. These are not interconnected issues; each state will assess its prospects of resisting pressures, political expediency, and will make a decision based on this and other factors.

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