Armenia vs Azerbaijan: Azerbaijan Requests ICJ Provisional Measures

05-01-2023

Alice Versini-O’Donnell 

International Justice and Human Rights Researcher

Global Human Rights Defence

On January 4th, 2023, Azerbaijan filed a request at the International Court of Justice (ICJ) for the indication of provisional measures in the case concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan). 

Azerbaijan stated in the request that Armenia “deliberately continued to lay landmines in or after 2021 in civilian zones to which displaced Azerbaijanis are slated to return”, and that Azerbaijan “discovered booby traps in civilian homes that were planted or facilitated by Armenia’s forces”.  It requested the ICJ to indicate provisional measures ordering Armenia to “immediately take all necessary steps to enable Azerbaijan to undertake the prompt, safe and effective demining of the towns, villages, and other areas to which Azerbaijani civilians will return”, and to “immediately cease and desist from any further efforts to plant or to sponsor or support the planting of landmines and booby traps in these areas to which Azerbaijani civilians will return in Azerbaijan’s territory”. [1] This is subsequent to Armenia’s request on December 29th, 2022 for provisional measures regarding Azerbaijan’s actions along the Lachin Corridor. 

Armenia instituted proceedings against Azerbaijan before the ICJ on September 16th, 2021 for alleged violations of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), contending that “[f]or decades, Azerbaijan has subjected Armenians to racial discrimination” and that, “[a]s a result of this State-sponsored policy of Armenian hatred, Armenians have been subjected to systemic discrimination, mass killings, torture and other abuse”. Armenia claimed that “[t]hese practices once again came to the fore in September 2020, after Azerbaijan’s aggression against the Republic of Artsakh and Armenia” and that“[e]ven after the end of hostilities”, “Azerbaijan has continued to engage in the murder, torture and other abuse of Armenian prisoners of war, hostages and other detained persons”. [2]

Notes: 

[1] International Court of Justice Press Release, ‘Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan), The Republic of Azerbaijan requests the Court to indicate provisional measures’ (5 January 2023) 2023/1. 

[2] International Court of Justice Press Release, ‘The Republic of Armenia institutes proceedings against the Republic of Azerbaijan and requests the Court to indicate provisional measures’ (16 September 2021) 2021/20. 

Sources and further reading: 

Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan), Case Background <Press releases | Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan) | International Court of Justice (icj-cij.org)> (accessed 04/01/2023).