In a recent development at the International Court of Justice (ICJ), Azerbaijan has raised significant objections to Armenia's third complaint regarding alleged violations of the Convention on the Elimination of All Forms of Racial Discrimination. The objections, presented by Azerbaijan's representative during a video conference, focus on two key points.
Firstly, Azerbaijan contends that Armenia's complaint should be dismissed due to a failure to fulfill the negotiation precondition mandated by Article 22 of the Convention. According to Azerbaijan, Armenia did not engage in authentic negotiations before bringing its complaint to the Court, thus rendering it ineligible for the Court's jurisdiction.
Secondly, Azerbaijan argues that several aspects of Armenia's application extend beyond the material jurisdiction of the Court under Article 22 of the Convention. Azerbaijan asserts that elements such as alleged murders, torture, and inhumane treatment of Armenians during armed conflict, as well as arbitrary detentions and enforced disappearances, do not constitute racial discrimination as defined by the Convention.
While Azerbaijan has withdrawn its objection regarding the mistreatment of Armenian civilians during armed conflict, it maintains that simply labeling allegations as "discriminatory" without substantive evidence is insufficient to bring them within the Convention's scope.
It's important to note that Azerbaijan's objections target specific aspects of Armenia's complaint rather than its entirety. Azerbaijan reaffirms its commitment to addressing allegations of violations of international humanitarian law and human rights, emphasizing its willingness to prosecute its own nationals for such offenses when proven through judicial processes.
In conclusion, Azerbaijan urges the Court to uphold the importance of adhering to negotiation requirements before invoking its jurisdiction and to clarify the boundaries of its jurisdiction under Article 22 of the Convention. This latest development underscores the complexities of international legal disputes and the meticulous scrutiny applied to assertions of jurisdiction and allegations of wrongdoing on the global stage.