The Witness

ARMENIA, AZERBAIJAN TO CLASH AT UN TOP COURT

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Azerbaijan and Armenia brought the long-running “ethnic cleansing” dispute to the top United Nations court which started yesterday, just as military tensions are ramping up between the historic enemies.

Robed lawyers from the two countries embark on two weeks of hearings, wrestling over interpreta­tions of internatio­nal law in the gilded Peace Palace of the Internatio­nal Court of Justice.

Meanwhile, the two traded accusation­s earlier this month of opening fire along their volatile shared border, dimming hopes of a lasting peace deal after decades of sporadic fighting.

The legal battle before the ICJ dates from September 2021 when both sides filed tit-for-tat suits against each other within a week.

Both sides accused the other of “ethnic cleansing” and of violating the Internatio­nal Convention on the Eliminatio­n of All Forms of Racial Discrimina­tion (Cerd).

The ICJ, which rules in disputes between states, issued emergency orders in December 2021, calling on both parties to prevent incitement and promotion of racial hatred.

But while the ICJ’s orders are binding, it has no enforcemen­t mechanism and tensions grew, culminatin­g in Azerbaijan’s lightning offensive last September in the disputed territory of Nagorno-Karabakh.

Baku reclaimed Karabakh in the one-day offensive, prompting the enclave’s entire ethnic Armenian population — more than 100 000 people — to flee for Armenia.

Just weeks afterwards, Armenia returned to the ICJ, urging the court to order Azerbaijan to withdraw its troops from Karabakh and allow Armenian refugees to return home safely. In November, the court ordered Azerbaijan to allow anyone wishing to return to Karabakh to do so in a “safe, unimpeded and expeditiou­s manner”. The latest hearings in the marathon dispute started yesterday and run until April 26.

They concern objections raised by both parties to each other’s original cases filed in September 2021.

Armenian Prime Minister Nikol Pashinyan and Azerbaijan­i President Ilham Aliyev have said a comprehens­ive peace agreement is within reach after last year’s offensive in Karabakh.

The former Soviet republics have fought two wars for control of the mountainou­s region that have claimed thousands of lives on both sides and caused hundreds of thousands to flee.

The conflict has also strained ties between Russia and ex-Soviet Armenia, with Yerevan considerin­g that Moscow did not do enough to help when it was under attack.

In February, Armenia formally joined the Internatio­nal Criminal Court (ICC), despite Moscow warning against the move.

It is now obliged to arrest Russian President Vladimir Putin if he sets foot on Armenian territory under an ICC arrest warrant issued for the Russian leader in March 2023. — AFP.

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