From a Massive Exodus to the International Court of Justice: A Battle for Human Rights

The situation between Armenia and Azerbaijan has turned into a battle for human rights. Following the military intervention of Azeri forces in the region of Nagorno-Karabakh where an ethnic Armenian majority lives, the question of human rights is asked within the international community.

In September 2023, the Azeri forces surrounded the long-disputed region of Nagorno-Karabakh, officially part of Azerbaijan’s territory. The self-declared government in the region was however de facto part of Armenia due to the majority of ethnic Armenians living there. For months, the Lachin corridor, the only road through which goods could be delivered to the enclaved region from Armenia, was occupied by Azeri forces thus leading to a shortage of food and medical supplies among others. On the 24th of September, the corridor was reopened for traffic, leading to the massive exodus of about 100,000 Armenians according to the Armenian authorities, fleeing Nagorno-Karabakh and the Azeri soldiers.

Facing this escalating situation, the UN has sent a mission to Nagorno-Karabakh between the 1st and 5th of October to determine the most urgent needs of the local population. It seems important to mention that Azerbaijan proceeded to a voluntary donation of 1 million US$ on the 30th of September to the UN Human Settlement Program, under the motivation of cooperation towards developing sustainable cities and strengthening peace and security. The report from the mission highlights the priority to provide support to the refugees who have fled from the conflicted region and those who remained as well as protecting their property rights. Indeed, according to international law, refugees have the right to return to their homeland to claim their property or to get compensation for their losses. Refugees also have the right to return to their homes both in the case of a short visit or a long stay. Either way, the Azeri government must safeguard the abandoned properties against spoliation and destruction. Following this principle, Azerbaijan has been requested to provide a plan, for both the long and short term, detailing how it will ensure the protection of human rights for the ethnic Armenians on its territory. To monitor the application of the plan, the Azeri government should also host an independent international mission, as Human Rights Watch highlights in one of its recent publications.

Furthermore, the UN Refugee Agency along with other UN Agencies and NGO partners have called for donations of 97 million US$ dedicated to assisting the refugees and the community remaining in Nagorno-Karabakh.

However, these actions by the international community are judged as coming too late since the exodus already took place. Moreover, Armenia suspects racial discrimination from the Azeri forces including ethnic cleansing. On the other side of the border, Azerbaijan promises to guarantee equal rights and freedoms for everyone. However, some refugees state that they have witnessed discrimination based on their religion, culture and language. Earlier this year, Armenia formulated a request to the International Court of Justice to preserve its rights according to the application of the International Convention on the Elimination of all forms of Racial Discrimination. Armenia claims justice for the violation of the right to be free from racial discrimination, the right to be free from ethnic cleansing, the right to freedom of movement and the right to return to one's own country, among others. The Court has recognised in its Order of the 28th of September 2023 that the rights for which Armenia sought protection were “plainly plausible”. This is a first step for Armenia to get reparations if the violations are declared proven before the Court.

Finally, it seems essential to mention that the Azeri military forces have arrested separatists from the self-declared government of Artsakh, including Ruben Vardanyan, a former minister of Nagorno-Karabakh who was caught on the 27th of September. This Russo-Armenian oligarch is searched by the Ukrainian secret services for its role in the Volga Dnepr company responsible for the air transport of Russia, involved in the invasion of Ukraine.

To conclude, the conflict in the region of Nagorno-Karabakh has taken a new turn with the slow involvement of the international community on the terrain and the struggle for human rights enforcement following the exodus of thousands of ethnic Armenians. Moreover, the events have taken a judicial character with the pending case before the ICJ. Questions remain on what will happen to the separatists detained in Azerbaijan and whether Armenia will be awarded reparations for its claims.

References

BBC News. (2023, October 2). Nagorno-Karabakh profile. BBC News. https://www.bbc.com/news/world-europe-18270325.amp

Guarantee right to return to Nagorno Karabakh. (2023, October 5). Human Rights Watch. https://www.hrw.org/news/2023/10/05/guarantee-right-return-nagorno-karabakh

International Court of Justice. (2023). Request by the Republic of Armenia for the indication of provisional measures. In International Court of Justice.

Kogan, A. K. (2023, September 30). Russia’s President Putin’s wallet: Who is Ruben Vardanyan? I24news. Retrieved October 12, 2023, from https://www.i24news.tv/en/news/analysis-opinion/1696069350-russia-s-vladimir-putin-s-wallet-who-is-ruben-vardanyan-analysis

Office for the Coordination of Humanitarian Affairs. (2023). UN humanitarian team wraps up assessment mission to Armenia, Azerbaijan. In the United Nations. United Nations.

President Ilham Aliyev allocates $1 million to the UN Human Settlements Program. (n.d.). AZERTAC. https://azertag.az/en/xeber/president_ilham_aliyev_allocates_1_million_to_un_human_settlements_program-2769745

Sauer, P. (2023, October 3). ‘It’s a ghost town’: UN arrives in Nagorno-Karabakh to find ethnic Armenians have fled. The Guardian. https://www.theguardian.com/world/2023/oct/02/nagorno-karabakh-ghost-town-un-ethnic-armenians-azerbaijan?CMP=Share_iOSApp_Other