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Appeal to Justice: Azerbaijan Calls on UN Court to Dismiss Armenian Allegations of Racial Discrimination

In The Hague, Netherlands, Azerbaijan's legal representatives made a fervent plea on Monday before the United Nations' highest court to dismiss Armenia's case concerning the protracted Nagorno-Karabakh conflict, citing a lack of jurisdiction. The dispute, ignited by Armenia's 2021 filing at the International Court of Justice, alleges Azerbaijan's involvement in a "state-sponsored policy of Armenian hatred," encompassing systemic discrimination and grave human rights violations. This legal standoff traces its roots to enduring animosities, climaxing in a 2020 war over Nagorno-Karabakh that claimed over 6,600 lives. Although Nagorno-Karabakh falls within Azerbaijan's borders, it had been under the control of Armenian-backed separatist forces since the 1994 ceasefire. Armenia predicates its case on an international convention against racial discrimination, invoking the court's intervention when bilateral negotiations falter. Yet, Azerbaijani Deputy Foreign Minister Elnur Mammadov contested Armenia's prerogative, asserting the absence of bona fide negotiation attempts before resorting to judicial means. Mammadov decried Armenia's apparent strategic utilization of legal proceedings for public defamation rather than earnest diplomacy. International law scholar Stefan Talmon, representing Azerbaijan, echoed these sentiments, denouncing Armenia's failure to engage in meaningful negotiations. He argued that Armenia's application to the court lacked merit in the absence of earnest negotiation efforts. Azerbaijan further contended that the majority of Armenia's allegations surpassed the purview of the discrimination convention, thus precluding the court's jurisdiction. Armenia is slated to counter Azerbaijan's arguments on Tuesday. Concurrently, Azerbaijan has filed a reciprocal case against Armenia, alleging violations of the same convention. Armenia's objections to Azerbaijan's case will be adjudicated later this month. The 2020 conflict culminated in a ceasefire brokered by Russia, granting Azerbaijan control over Nagorno-Karabakh and surrounding territories. Azerbaijan's subsequent military campaign prompted the exodus of the majority of Nagorno-Karabakh's 120,000 residents.

Amidst diplomatic efforts, both Armenia and Azerbaijan embarked on negotiations for a peace treaty in December. Despite this stride toward resolution, a palpable resistance has emerged among residents in Armenia's border regions. For them, the demarcation process signals Azerbaijan's encroachment into territories they deeply regard as their own. Highlighting the urgency of the situation, Armenia's prime minister emphasized the imperative for a swift delineation of borders with Azerbaijan. The prime minister's remarks underscored the looming specter of renewed hostilities in the Caucasus region, urging decisive action to avert further conflict.

As tensions persist and negotiations continue, the necessity for a durable peace settlement between Armenia and Azerbaijan becomes increasingly evident. The resistance from border region residents underscores the complex interplay of territorial sovereignty and identity. Both nations must navigate these challenges with sensitivity and resolve to achieve a lasting resolution. In the face of uncertainty, the imperative for diplomatic engagement and proactive measures to prevent future conflicts remains paramount. Only through concerted efforts and mutual respect can Armenia and Azerbaijan forge a path towards sustainable peace and stability in the region.