Politics

Azerbaijan Continues to Ignore the World Court's Decision, Disregarding Its High Authority: Artsakh Human Rights Defender

Azerbaijan Continues to Ignore the World Court's Decision, Disregarding Its High Authority: Artsakh Human Rights Defender

Azerbaijan's ongoing illegal blockade of Artsakh (Nagorno-Karabakh) since December 12, 2022, has created severe humanitarian consequences for the 120,000 people of the Republic, leading to gross violations of fundamental human rights, including shortages of food, medicine, and other essential goods, disruptions to electricity and gas supplies, among other reasons. This was stated by the Human Rights Defender of Artsakh, Gegham Stepanyan.

“Extensive work has been carried out to ensure the proper awareness of the international community regarding the situation by coordinating the possibilities and efforts of bilateral and multilateral diplomacy, international human rights advocacy, and journalistic communities. During this time, numerous executive and legislative bodies of countries, representatives of international governmental organizations such as the UN, OSCE, and EU, as well as officials from influential international human rights organizations like Human Rights Watch, Amnesty International, Freedom House, and the Lemkin Institute for Genocide Prevention have condemned Azerbaijan's illegal actions.

Nevertheless, despite all the statements, the Azerbaijani side has deliberately and inhumanely ignored all calls and continues to keep the peaceful population of Artsakh under blockade. To resolve the situation and ensure the protection of the rights of the people of Artsakh, international legal mechanisms have been activated.

On December 14, 2022, the Republic of Armenia appealed to the European Court of Human Rights (ECHR) requesting interim measures to compel Azerbaijan to lift the blockade of the “Lachin Corridor.” The ECHR partially granted Armenia's request on December 21, ordering Azerbaijan to take all necessary and sufficient measures to ensure the movement of seriously ill individuals requiring medical assistance through the “Lachin Corridor,” as well as the safe passage of those left homeless or in need of means of subsistence along the way.

On December 29, 2022, Armenia submitted a request to the International Court of Justice (ICJ) in The Hague for interim measures in the case “Armenia v. Azerbaijan” concerning the International Convention on the Elimination of All Forms of Racial Discrimination, demanding that Azerbaijan cease the blockade of the “Lachin Corridor” and ensure the uninterrupted and free movement of individuals, vehicles, and goods through the corridor.

On February 22, 2023, the Court decided to grant Armenia's request and ordered Azerbaijan to take all measures to ensure the unhindered movement of individuals, vehicles, and goods through the “Lachin Corridor.” It is important to note that according to Article 60 of the Statute of the ICJ, the Court's decision is final and not subject to appeal. Furthermore, as per Article 94 of the UN Charter, each member of the UN is obligated to comply with the judgments of the ICJ in cases to which it is a party.

If a party to the case fails to fulfill the obligations imposed by the Court’s ruling, the other party may bring the matter to the Security Council, which may, if deemed necessary, make recommendations or decide on the measures required to enforce the Court’s ruling.

The Secretary-General of the UN has addressed the Court's decision, stating that the ICJ's rulings are binding on the parties for execution, including the decision concerning measures to ensure the unhindered movement of individuals, vehicles, and goods in both directions through the “Lachin Corridor.”

Ten days have passed since the Court's decision was published, during which Azerbaijan has taken no practical steps to implement it, and as a result, people continue to suffer deprivation and hardship, facing gross violations of human rights, including the ongoing suspension of electricity supply from Armenia to Artsakh since January 9, under Azerbaijani control.

Azerbaijan, placing itself above international law and exploiting the situation of impunity, continues to disregard the Court's decision, thus disrespecting the high authority and decisions of the World Court. Azerbaijan's such impudent behavior poses a serious challenge not only for Armenia, Artsakh, and the region but for the entire international community. Tolerance of this situation is an irreparable and discrediting blow to the legal mechanisms of the International Human Rights architecture developed over the years.

Azerbaijan's destructive behavior is documented again and again, which the international community must respond to with clear and practical countermeasures, including imposing sanctions on Azerbaijan and recognizing the right of the people of Artsakh to self-determination as a key element of future conflict resolution processes.

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