ICJ rules on jurisdiction in Azerbaijan’s racial discrimination case against Armenia

The International Court of Justice (ICJ) ruled on Wednesday that it has jurisdiction over Azerbaijan’s case against Armenia, which alleges violations of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). The decision comes after Armenia presented three preliminary objections, asserting that the court should dismiss the case. The ICJ, however, rejected these objections and confirmed that it would proceed with a full examination of the allegations.

Azerbaijan’s claim centers on accusations that Armenia’s actions, particularly the alleged deployment of landmines and booby traps in disputed areas, have hindered the return of Azerbaijani citizens to their homes. Azerbaijan argues that these alleged actions by Armenia form part of a broader strategy of ethnic cleansing, which it says constitutes a violation under CERD.

The ICJ’s ruling specifically addressed Azerbaijan’s claims regarding mines in formerly contested territories, with the court voting 16-1 to reject Armenia’s objection to jurisdiction over this aspect. According to the court, Azerbaijan framed the mine deployment as evidence of ethnic cleansing, rather than as a standalone CERD violation, thus qualifying it for further review within the broader case.

During hearings held in April, Azerbaijan’s representatives argued that the mines and other explosives were located in civilian areas within the Kalbajar and Lachin regions, areas they claim serve no military purpose.

Azerbaijan contends that these devices were strategically placed to prevent displaced Azerbaijani civilians from resettling in the region. Armenia, however, countered that these devices were intended solely for defensive purposes. The court has now agreed to evaluate these arguments within the context of Azerbaijan’s claims of ethnic discrimination.

This legal dispute reflects escalating tensions between Armenia and Azerbaijan following decades of conflict over the Nagorno-Karabakh region. Both countries have initiated cases against each other, each claiming violations under CERD.

Armenia filed its case in September 2021, accusing Azerbaijan of racially discriminatory practices during and after the 2020 Nagorno-Karabakh conflict, known in Azerbaijan as the “Patriotic War.” Azerbaijan, in turn, filed its own case in September 2021, alleging that Armenia violated CERD throughout its three-decade-long control of Nagorno-Karabakh, which Azerbaijan recaptured in 2020.

Azerbaijan had previously requested that the ICJ dismiss Armenia’s case, arguing that it was politically motivated and did not meet procedural requirements for the ICJ’s intervention. Armenia sought similar relief from the court, asking it to throw out Azerbaijan’s claims based on jurisdictional grounds. With the ICJ’s ruling on Wednesday, both countries’ cases will now proceed to substantive hearings, setting the stage for a comprehensive examination of the long-standing allegations. The upcoming hearings hold potential implications for both legal accountability and future peace efforts in the region.