International Court of Justice Rejects Azerbaijan’s Preliminary Objections to Armenia’s Claim

THE HAGUE – The International Court of Justice (ICJ) has ruled on Azerbaijan’s preliminary objections to Armenia’s claim under the Convention on the Elimination of All Forms of Discrimination.

Azerbaijan raised two objections, arguing that negotiations on the dispute had already taken place and that some of Armenia’s demands fell outside the ICJ’s jurisdiction.

The ICJ noted that the parties had initiated communications and held two meetings in 2021. However, the positions of both countries remain unchanged, with Azerbaijan rejecting Armenia’s demands. The court observed that Azerbaijan had proposed specific initiatives to Armenia, but, given the impasse in negotiations, found Azerbaijan’s argument unconvincing and concluded that Armenia had made sufficient efforts to resolve the dispute.

As a result, the ICJ deemed the negotiations unsuccessful and ruled that Azerbaijan’s objection regarding negotiations should be dismissed.

The second objection related to the court’s substantive jurisdiction. The ICJ needed to confirm whether the alleged acts could be considered violations of the aforementioned convention. For a claim to fall within the court’s jurisdiction, the claimant must demonstrate that the acts are discriminatory and intended to eliminate or reduce the rights of a specific group—in this case, ethnic Armenians.

The ICJ examined whether the alleged actions targeted an ethnic group based on ethnicity and whether the crimes were motivated by this reason. The court determined that Armenia’s claims fell within its jurisdiction, as they could be viewed as ethnic discrimination under the Convention. However, it noted that Armenia’s evidence would be examined in a later stage of proceedings.

Additionally, the ICJ recorded that Azerbaijan did not dispute Armenia’s claims regarding hate speech within Azerbaijan.

Ultimately, the ICJ rejected Azerbaijan’s objections. The court dismissed Azerbaijan’s first objection by a vote of 15 to 1 and the preliminary objections by 16 to 1, affirming its jurisdiction to examine Armenia’s claim against Azerbaijan.