ArmInfo.The judgment by the International Court of Justice is a judicial act in Armenia`s favor, the expert in international law Ara Ghazaryan told ArmInfo.
On December 7, 2021, the International Court of Justice, the principal judicial organ of the United Nations, delivered its Order on the Request for the indication of provisional measures made by the Republic of Armenia in the case concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan).
In its Order, which has binding effect, the Court indicated a number of provisional measures. According to the Orders, in accordance with their obligations under the International Convention on the Elimination of All Forms of Racial Discrimination, both parties shall take all necessary measures to prevent the incitement and promotion of racial hatred, including by organizations and private persons in their territories, targeted at persons of Armenian and Azerbaijani national or ethnic origin respectively. "I am particularly happy about the Court`s response to Baku`s forged documents concerning the mine fields. The accuracy of the maps - whether Armenia provides them or not - has nothing in common with racism, to say nothing of the policy of ethnic cleansing. And all the attempts by Baku failed due to Armenia`s efforts. Our lawyers could prove that the mines were just a line of defense that did not violate any standards of international law," Mr Ghazaryan said.
As regards the other points in the World Court judgment, the lawyer considers them predictable. In this context, he singled out the point on the repatriation of POWs. Mr Ghazaryan explained that the reason for Court`s refusal to grant Armenia`s claim is the relevant Geneva conventions and humanitarian law unless elements of racism can be seen in the process. Armenian lawyers could not prove the connection between the detention of the Armenian POWs in Azerbaijan and their ethnic origin.
"And it is insufficient evidence that is the reason for the World Court`s judgment. However, the Court granted Armenia s claim for the protection of the POWs` life and health. It means that the Court is concerned over their life and personal immunity. Moreover, in this context the Court indicates the national origin of our servicemen rather than the fact of their being POWs. And this point could serve as a basis for further World Court judgments. I think this judicial act most favorable to Armenia, and it is due to our lawyers` quite good work," Mr Ghazaryan said.
Both countries allege in a claim and counterclaim that the other has breached a convention against racial discrimination and asked the court for emergency measures while the case makes its way through the court.