Monday, November 20 2023 12:32

ArmInfo. France has taken note of the order dated November 17, 2023 of the International Court of Justice relating to the situation in Nagorno-Karabakh.

"On the basis of the International Convention on the Elimination of  All Forms of Racial Discrimination, the Court requested that, pending  a final decision, Azerbaijan ensure that any person who had left the  High - Karabakh after September 19, 2023 and who wishes to return  there is able to do so safely, freely and quickly. It also demanded  that Azerbaijan ensure that anyone in Nagorno-Karabakh is not subject  to the use of force or intimidation that could to induce him or her  to flee.

"This order reinforces the position consistently held by France,  which recalls on this occasion its unwavering support for the  International Court of Justice and the binding nature of its  decisions, including in the indication of provisional measures,"  reads a statement by the French foreign office. 

Armenia's foreign office responded to the ICJ order by issuing the  following statement:

"We welcome the Order of the International Court of Justice of  November 17, which was adopted on the request filed by the Republic  of Armenia within the case brought against the Republic of Azerbaijan  under the International Convention on the Elimination of All Forms of  Racial Discrimination (CERD).

"In its Order, the Court stated that "according to United Nations  reports, more than 100,000 persons of Armenian national or ethnic  origin have found themselves compelled to leave their place of  residence and reach the Armenian border since the operation commenced  by Azerbaijan in Nagorno-Karabakh on 19 September 2023." According to  the Order, the mentioned operation "took place in the context of the  long- standing exposure of the population of Nagorno-Karabakh to a  situation of vulnerability and social precariousness." As stated by  "the residents of this region have been severely impacted by the  long-lasting disruption of the connection between Nagorno-Karabakh  and Armenia via the Lachin Corridor, which has impeded the transfer  of persons of Armenian national or ethnic origin hospitalized in  Nagorno-Karabakh to medical facilities in Armenia for urgent medical  care. There have also been hindrances to the importation into  Nagorno-Karabakh of essential goods, causing shortages of food,  medicine and other life-saving medical supplies."

"Thus, in its November 17 Order, the Court found that there is an  imminent risk of irreparable harm to the rights of the Armenians  under the CERD. 

"Going to the operational part of the Order, in addition to  Azerbaijan's unilateral undertakings, which are "binding and create  legal obligations", including its commitment to facilitate access to  the ICRC and inspections by the UN, to protect and not to damage or  destroy cultural monuments, artefacts and sites, by the Order of  November 17 the Court further ordered Azerbaijan to:

1) "(i) ensure that persons who have left Nagorno-Karabakh after 19  September 2023 and who wish to return to Nagorno-Karabakh are able to  do so in a safe, unimpeded and expeditious manner; (ii) ensure that  persons who remained in Nagorno-Karabakh after 19 September 2023 and  who wish to depart are able to do so in a safe, unimpeded and  expeditious manner; and (iii) ensure that persons who remained in  Nagorno- Karabakh after 19 September 2023 or returned to  Nagorno-Karabakh and who wish to stay are free from the use of force  or intimidation that may cause them to flee"; and

2)   "protect and preserve registration, identity and private  property documents and records that concern the persons identified  under subparagraph (1) and have due regard to such documents and  records in its administrative and legislative practices".

"The Court further ordered Azerbaijan to "submit a report to the  Court on the steps taken to give effect to the provisional measures  indicated and to the undertakings made by the Agent of Azerbaijan  within eight weeks". Armenia will then have an opportunity to submit  comments on the report.

"At the same time, the Court's Order reaffirmed the provisional  measures indicated by its Orders of 7 December 2021 and 22 February  2023.

"The Court's Order is momentous: in no other case in the Court's  history has a state faced as many orders on provisional measures in a  single proceeding. This is indicative of the continuing risk of  irreparable prejudice to the rights of ethnic Armenians under the  CERD that Azerbaijan's conduct poses.

"This Order of the Court, like the previous ones, creates legally  binding obligations under international law."

The International Court of Justice (ICJ) ruled on November 17 that  Azerbaijan must enable anyone who wanted to return to  Nagorno-Karabakh to do so in a "safe, unimpeded and expeditious  manner".