After hearing Armenia and Azerbaijan, the Hague Tribunal is in the process of making a decision. After discussing the requests of the two countries, it is expected that it will be published in one to one and a half months. Summing up the hearings, the representative of Armenia's interests emphasizes that the process itself is important.
“It can address many issues, from influencing the settlement of the Nagorno-Karabakh conflict to other political influences. The process that is just beginning is crucial,” says Yeghishe Kirakosyan, representative of Armenia's interests to the UN International Court of Justice.
The court publicly discussed the lawsuits of Armenia and Azerbaijan for 4 days. Yeghishe Kirakosyan especially emphasized that the world had the opportunity to follow the live broadcast of the process, to hear the legally substantiated position and arguments of the Armenian side against Azerbaijan.
“I think it is very important for Armenia's political positioning. During the process, involving a team of highly qualified lawyers, we are able to show the positions of the Republic of Armenia to the world at the highest level. In the case of speaking in such a language, a clear, convincing argument is perceived, it has an opinion-forming influence on the future and this process,” Yeghishe Kirakosyan says.
On October 14, the UN International Court of Justice (ICJ) began examining Armenia's request for urgent measures. The lawsuit against Azerbaijan and the request for urgent measures were made on the basis of the Interntional Convention on the Elimination of All Forms of Racial Discrimination.
“Instead of responding to our factual allegations, Azerbaijan presented a ‘torrent of inaccuracies’ to the Court. Political statements were made, and false historical facts were stated, which have nothing to do with the issues we have asked for interim measures,” Kirakosyan says.
The return of the captives, the closure of the ‘Trophy Park’, the cessation of the destruction of the cultural heritage are among the key demands of Yerevan. On the very first day of the meeting, it was announced that Baku had removed the mannequins and helmets from the park.
“From the beginning, the so-called ‘Trophy Park’ was opened by the logic of hatred towards ethnic Armenians, mannequins were just one of its bright manifestations, but all the same, if we remove the mannequins, the content remains the same, that's why we demanded to close it,” Kirakosyan says.
Through declarative, pathological expressions, Azerbaijan tried to link the issue of minefields and maps with racism, presenting arguments. Mining is not racism, it is a military operation for self-defense, Baku did not present evidence to the contrary.
“Azerbaijan's policy has always been offensive, including rhetoric; ours - defensive, hence racism as a tool, starting with Aliyev, who is the main player in the lawsuit, has no adequate argument,” says Ara Ghazaryan, specialist in international law.
Five well-known experts in international law represented Armenia's interests. From the USA, Sean Murphy, who teaches at the George Washington University, the famous Swiss Robert Kolb, with extensive experience in international court, Pierre d’Argent from the University of Louvain in Belgium, Constantinos Salonidis and Martin Lawrence from the USA.
“Azerbaijan accuses Armenia of failing to negotiate, at the same time spreading hatred, torturing prisoners of war, destroying Armenia’s cultural heritage,” says Robert Kolb, international law expert, legal adviser.
“The propaganda of anti-Armenianism in Azerbaijan continues after November 9. It is enough to listen to Aliyev's speeches, which contain hatred, discrimination and violence,” says Constantinos Salonidis, expert in international law, legal advisor.
“Azerbaijan has an obligation to return Armenian prisoners of war. The most important disregard for this obligation under international humanitarian law is the manifestation of ethnic discrimination,” says Sean Murphy, International Law Expert, Legal Advisor.
“The double bombing of the temple is a deadly message: Armenians cannot feel safe in Nagorno-Karabakh, including in places sacred to them. Although President Aliyev from the UN high tribune declared in September that his country was a country of tolerance and peaceful coexistence for different nations, the exhibitions opened there prove the contrary,” says Pierre d’Argent, expert in international law, legal adviser.
“Armenians have the right to live without racial discrimination,” says Martin Lawrence, International Law Expert, legal advisor.
“Initiating international justice proceedings should be taken seriously. I think both sides will get a certain decision, the arguments of the Armenian side have more serious grounds. Sometimes the issue of a right or fact defined by an interim act is partially fixed or a guide for a future verdict. Depending on the scope of the applications, it is possible to conclude what verdict the Court will make,” says Ara Ghazaryan.
The Azerbaijani representative arrived in The Hague on the day of the hearing of their claim, before joining the court remotely. Mammadov stated that Armenia allegedly continues to sow hatred against Azerbaijanis and incite violence by harboring armed groups. The hearings in the case of Azerbaijan against Armenia took place on October 18 and 19. The session ended with the response of the Armenian side to the Azerbaijani arguments. Azerbaijan and Armenia shall provide a report to the Court on all measures taken to give effect to its Order indicating provisional measures, no later than three months from its issuance and shall report thereafter to the Court every six months.
