Attorneys representing Azerbaijan on Monday urged the International Court of Justice, the top United Nations court, to throw out a case filed by Armenia accusing Azerbaijan of Armenophobia, arguing that court does not have jurisdiction.
Armenia filed the case at the International Court of Justice in 2021, accusing Azerbaijan of a “state-sponsored policy of Armenian hatred” that has led to “systemic discrimination, mass killings, torture and other abuse” as it related to Artsakh Armenians.
Last year, amid Azerbaijan’s blockade of Artsakh, the ICJ ordered Azerbaijan to immediately ensure unimpeded access on the Lachin Corridor. The court reiterated its order last July. Azerbaijan, however, failed to comply with the ruling, instead attacking Artsakh in September and causing the forced exodus of more than 100,000 Artsakh Armenians to Armenia.
Armenia’s case is based on an international convention on stamping out racial discrimination, which has a clause allowing disputes to be resolved by the world court if bilateral negotiations fail to broker a settlement.
Azerbaijani deputy Foreign Minister Elnur Mammadov told judges Monday that Armenia could not bring the dispute to the court in The Hague, arguing that the two countries had not first engaged in serious negotiations.
“Armenia had its sights firmly set on commencing these proceedings before the court and using the effect of these proceedings to wage a public media campaign against Azerbaijan,” Mammadov accused Yerevan in court on Monday, according to the Associated Press.
Stefan Talmon, an international law professor representing Azerbaijan, added that Armenia “never gave negotiations a chance.” He said that “with no negotiations and no genuine attempt at negotiations, that basically is the end of Armenia’s application” to the court.
As part of its case, Armenia, which will respond on Tuesday, has submitted a number of claims indicating “policy of promoting hatred” that Armenia insists Azerbaijan has carried out for “decades.”
“Azerbaijan in no way accepts the alleged violations of international humanitarian law and other international human rights laws,” Mammadov said.
He added, however, that Baku takes such accusations very seriously. “The available data show that, unlike Armenia, Azerbaijan does not avoid convicting its citizens in corresponding cases when the charge is proven during trial,” Mammadov said.
Yeghishe Kirakosyan, Armenia’s representative for international legal issues, will present his case on Tuesday.
