Armenia has petitioned the International Court of Justice to dismiss a lawsuit brought against it by Azerbaijan, accusing it of ethnic cleansing against Azeris in violation of the United Nations anti-discrimination treaty. This request comes after a similar request from Azerbaijan to dismiss a case filed against it by Armenia, which alleges that Azerbaijan promoted racism and hate speech against Armenians and damaged their cultural sites.
During the hearing, Armenia’s representative Yeghishe Kirakosyan argued that Azerbaijan was relying on facts that predated the entry into force of the Convention on the Elimination of All Forms of Racial Discrimination (CERD) between the two countries in September 1996. The legal battle is part of an ongoing conflict between South Caucasus neighbors, particularly over the disputed Nagorno-Karabakh region in Azerbaijan.
The initial case was filed by Armenia in 2021, accusing Azerbaijan of discriminating against Armenians and damaging their cultural sites. In response, Azerbaijan filed a counter-case alleging that Armenia carried out ethnic cleansing from the early 1990s until 2020. While both countries have denied these allegations, they continue to be at odds over issues related to Nagorno-Karabakh.
Last week, Azerbaijan urged the court to dismiss Armenia’s case, arguing that the complaints were mostly related to armed conflicts over Nagorno-Karabakh and fell outside the purview of the anti-discrimination treaty. The current hearings will focus on legal objections to ICJ jurisdiction rather than addressing substance discrimination claims.
A final ruling in both cases may take years, and even if there is one, enforcing its decision will be difficult as there is no mechanism for enforcement at ICJ level.
The ongoing conflict between Armenia and Azerbaijan over Nagorno-Karabakh has been going on for decades and continues to be a source of tension in
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