Wednesday, December 15 2021 17:15

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.