On September 16, 2021 the Republic of Armenia instituted proceedings at the International Court of Justice against the Republic of Azerbaijan on the Elimination of All Forms of Racial Discrimination and requested the Court to indicate provisional measures – https://www.icj-cij.org/public/files/case-related/180/180-20210916-PRE-01-00-EN.pdf

The links to the information materials are at ICJ web site https://www.icj-cij.org/en/case/180

On October 14 and 15, 2021 there were two days of Hearings in ICJ.

Présented:

Mme Donoghue, présidente of ICJ

M. Gevorgian, vice-président

MM. Tomka

Bennouna

Yusuf

Mmes Xue

Sebutinde

MM. Bhandari

Robinson

Salam

Iwasawa

Nolte, juges

MM. Keith

Daudet, juges ad hoc

M. Gautier, greffier

October 14, 10 a.m.

From Armenia

https://www.icj-cij.org/public/files/case-related/180/180-20211014-ORA-01-00-EN.pdf

Texts and videos of the speeches – https://aga-tribunal.info/en/kirakosyan-14-10-2021-en/

Oct 14, 4 p.m.

From Azerbaijan

https://www.icj-cij.org/public/files/case-related/180/180-20211014-ORA-02-00-BI.pdf

Pages 4-9 Participants

10 Agent of Azerbaijan, His Excellency Mr. Elnur Mammadov

INTRODUCTORY STATEMENT

15 Professor Vaughan Lowe

II. ARMENIA’S REQUESTED MEASURES DO NOT MEET THE STANDARD FOR THE INDICATION OF PROVISIONAL MEASURES

1. Introduction
2. Prima facie jurisdiction
3. Urgency
4. The specific Armenian requests
5. Plausible rights
6. Non-aggravation
7. Conclusion

24 Mr. Peter Goldsmith

III. PROVISIONAL MEASURES RELATING TO ARMENIANS UNDER PROSECUTION AND TO THE PRESERVATION OF EVIDENCE SHOULD BE REJECTED

1. Armenia’s request to “release immediately” all Armenian detainees is unlawful and must be dismissed
2. Armenia’s request does not engage plausible rights
3. There is no link between the measure requested and any rights at risk of prejudice
4. Armenia’s request lacks urgency or imminent risk of irreparable prejudice
5. Armenia’s request that Azerbaijan treat all Armenian detainees in its custody in accordance with its obligations under CERD and permit independent medical evaluations is similarly not warranted
6. Armenia’s request that Azerbaijan take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of CERD is also not warranted

37 Professor Laurence Boisson de Chazournes

In French

IV. LA MESURE DEMANDANT LA FERMETURE DU PARC AUX TROPHÉES MILITAIRES DOIT ÊTRE REJETÉE

43 Ms Catherine Amirfar

V. THE FOURTH AND FIFTH MEASURES ON HERITAGE SITES SHOULD BE REJECTED

A. Alleged failure to allow access to places of worship

B. Alleged risk of destruction of cultural heritage sites

C. Alleged “alteration” of cultural heritage sites

D. Alleged “impediments” to preservation efforts

52 Mr. Donald Francis Donovan

VI. CONCLUDING OBSERVATIONS

The Court rose at 5.55 p.m.

Oct 15, 10 a.m.

From Armenia

https://www.icj-cij.org/public/files/case-related/180/180-20211015-ORA-01-00-BI.pdf

Pages 4-9 Participants

10 Professor Robert Kolb

In French

COMPÉTENCE PRIMA FACIE

14 Mr. Constantinos Salonidis

THE REQUESTED PROVISIONAL MEASURES RELATING TO AZERBAIJAN’S ESPOUSAL OF ETHNIC HATRED CONCERN PLAUSIBLE RIGHTS UNDER ARTICLES 2, 4 AND 7 OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION

18 Professor Sean Murphy

THE REQUESTED PROVISIONAL MEASURES RELATING TO POWS AND CIVILIAN DETAINEES CONCERN PLAUSIBLE RIGHTS UNDER ARTICLES 2 AND 5 OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION

1. The detainees are prisoners of war or civilian internees under international humanitarian law
2. Azerbaijan cannot refuse to repatriate on the basis of criminal proceedings that were not pending when the obligation to repatriate arose
3. Azerbaijan cannot refuse to repatriate on the basis of criminal proceedings that are not based on an indictable offence
4. There is ample evidence that Azerbaijan has in custody an unknown number of additional unacknowledged detainees
5. There is ample evidence that Azerbaijan has treated inhumanely all 45 acknowledged POWs and civilians and an unknown number of additional unacknowledged detainees
6. Azerbaijan’s “investigations” into the atrocities of its authorities confirms the ethnic discrimination at issue and provides no comfort that inhumane abuse will not continue

28 Professor Pierre d’Argent

In French

LES MESURES CONSERVATOIRES SOLLICITÉES RELATIVES AU PATRIMOINE CULTUREL ET RELIGIEUX ARMÉNIEN CONCERNENT DES DROITS PLAUSIBLES AU REGARD DES ARTICLES 2 ET 5 DE LA CONVENTION SUR L’ÉLIMINATION DE TOUTES LES FORMES DE DISCRIMINATION RACIALE

33 Agent of Armenia, H.E. Mr. Yeghishe Kirakosyan

Agent’s Closing submissions

The Court rose at 11.20 a.m.

Oct 15, 5 p.m.

From Azerbaijan

https://www.icj-cij.org/public/files/case-related/180/180-20211015-ORA-02-BI.pdf

Pages 4-9 Participants

10 Professor Vaughan Lowe

I. ARMENIA’S REQUEST IS UNWARRANTED AND IS IMPROPERLY BEFORE THE COURT

12 Lord Peter Goldsmith

II. PROVISIONAL MEASURES RELATING TO ARMENIANS UNDER PROSECUTION AND TO THE PRESERVATION OF EVIDENCE SHOULD BE REJECTED

A. Azerbaijan has not violated international law by failing to repatriate detainees

B. Armenia did not show an imminent risk of irreparable prejudice to Armenia’s rights under the CERD

C. Armenia did not show that it is plausible that its rights under the CERD would be breached

22 Ms Catherine Amirfar

III. THE THIRD, FOURTH AND FIFTH MEASURES SHOULD BE REJECTED

1. Hate speech and the closure of Trophies Park
2. Cultural heritage

1. Armenia’s request does not seek to protect plausible rights under CERD

2. Armenia cannot show imminent risk of irreparable harm

3. The measures Armenia seeks would require the Court to prejudge the merits

30 Mr. Donald Donovan

IV. CONCLUDING OBSERVATIONS

34 Agent of Azerbaijan, His Excellency Mr. Elnur Mammadov

V. CLOSING STATEMENT

The Court rose at 6 p.m.

Press Release, Oct 15 – https://www.icj-cij.org/public/files/case-related/180/180-20211015-PRE-01-00-EN.pdf