Image Credits - Eureporter
On Friday, the judges at the top United Nations court ruled that Azerbaijan is obligated to permit the return of ethnic Armenians who evacuated Nagorno-Karabakh amid Azerbaijan’s military seizure of their residences.
The International Court of Justice, in its decision, mandated that former residents of ethnic Armenian origin must be granted permission to return, and measures must be taken to ensure the safety of those who chose to remain in the region.
In September, following Azerbaijan’s assertion of control over an Armenian enclave within its borders, thousands of refugees sought shelter in Armenia. This development, occurring over just two days of intense fighting, marked a significant shift in a conflict that has given rise to two wars since the dissolution of the Soviet Union.
By September 26, approximately 19,000 forcibly displaced individuals had sought refuge in Armenia from Nagorno-Karabakh. Prime Minister Nikol Pashinyan warned of the imminent threat of ethnic cleansing, urging the establishment of effective protection mechanisms in the enclave under Azerbaijani rule. Tragically, on September 25, a blast at a fuel depot resulted in dozens of casualties as people lined up to refuel their cars before evacuating.
Subsequently, the government of Nagorno-Karabakh officially dissolved, marking the end of over 30 years of separatist rule. Concurrently, Armenia reported that the number of displaced individuals seeking safety in the country had exceeded 68,000.
What is Nagorno-Karabakh?
Nagorno-Karabakh referred to as Artsakh by Armenians, is a mountainous region situated within Azerbaijan, officially recognized as part of the country in international terms. However, its population of 120,000 is predominantly composed of ethnic Armenians who declared independence during the initial war in the 1990s following the dissolution of the Soviet Union.
In a 44-day conflict in 2020, Azerbaijan regained control over seven neighboring districts and reclaimed approximately one-third of Nagorno-Karabakh itself.
The Conflict
In September, following Azerbaijan’s assertion of control over an Armenian enclave within its borders, thousands of refugees sought shelter in Armenia. This development, occurring over just two days of intense fighting, marked a significant shift in a conflict that has given rise to two wars since the dissolution of the Soviet Union.
In September, as Azerbaijan claimed control over an Armenian enclave within its borders, a significant humanitarian crisis unfolded. By September 26, approximately 19,000 forcibly displaced individuals had sought refuge in Armenia from Nagorno-Karabakh. Prime Minister Nikol Pashinyan warned of the imminent threat of ethnic cleansing, urging the establishment of effective protection mechanisms in the enclave under Azerbaijani rule. Tragically, on September 25, a blast at a fuel depot resulted in dozens of casualties as people lined up to refuel their cars before evacuating. Subsequently, the government of Nagorno-Karabakh officially dissolved, marking the end of over 30 years of separatist rule. Concurrently, Armenia reported that the number of displaced individuals seeking safety in the country had exceeded 68,000, with expectations of further displacements in the days ahead.
Hikmet Hajiyev, the foreign policy adviser to President Ilham Aliyev told Reuters, that Azerbaijan’s objective is to assert complete sovereignty over its territory. He said that Azerbaijan is unwilling to engage in discussions with Armenians from Karabakh unless they surrender and disarm.
The authorities in Nagorno-Karabakh had issued an order for the dismantling of the region’s state institutions by the year’s end, declaring that the separatist state will cease to exist as of January 1, 2024. This decision was conveyed through a decree signed by the region’s separatist President Samvel Shakhramanyan. The document referenced the ceasefire agreement that concluded the hostilities.
Yerevan has alleged ethnic cleansing by Azerbaijan, while Baku contends that it is taking control of a breakaway territory whose status has been disputed in multiple wars. The assault by Azerbaijan was preceded by a siege lasting over nine months, severely limiting residents’ access to essential goods.
In a statement, Azerbaijan’s foreign ministry declared its commitment to upholding the human rights of Armenian residents in Karabakh on an equal basis with other Azerbaijani citizens. However, numerous ethnic Armenians who fled harbor doubts about their safety should they return to the enclave, if permitted, under the governance of what they perceive as a hostile power.
Azerbaijan withdrew from scheduled peace talks with Armenia in Washington, citing accusations of unacceptable criticism by a senior US official regarding Baku’s military takeover of the Nagorno-Karabakh region.
The Foreign Ministry in Baku announced on Thursday that Azerbaijani Foreign Minister Jeyhun Bayramov would not participate in the US-mediated negotiations with his Armenian counterpart, Ararat Mirzoyan, scheduled for November 20, due to what they deemed as one-sided comments made by Assistant Secretary of State James O’Brien.
As a consequence, Azerbaijan declared its refusal to receive visits from senior American officials, and there is a risk that the US may lose its role as a mediator in the conflict.
However, during a press briefing on November 16, State Department spokesman Matthew Miller reiterated that Washington continues to express support for peace talks to address the issues between Azerbaijan and Armenia, following Baku’s decision to withdraw from an upcoming U.S.-hosted meeting, citing allegedly “biased” remarks by a U.S. State Department official.
ICJ Rulings
The International Court of Justice stated that the return of former ethnic Armenian residents must be facilitated, and the safety of those who chose to stay must be ensured.
Presiding judge Joan Donoghue conveyed that Azerbaijan is required to take measures to ensure that individuals who departed Nagorno-Karabakh after September 19, 2023, and desire to return can do so in a secure, unobstructed, and prompt manner. Additionally, the court emphasized that Azerbaijan must provide assurances that Armenians remaining in Nagorno-Karabakh are not subjected to force or intimidation that might compel them to leave.