Baku/09.12.21/Turan: The International Court of Justice (the main judicial body of the UN) ruled on December 7 on temporary measures in two cases concerning the conflict between Armenia and Azerbaijan. The court ordered Azerbaijan to prevent discrimination against Armenians on its territory, and the Armenian authorities ordered discrimination against Azerbaijanis.
Are the decisions of the International Court of Justice fair in both cases? What do these decisions say?
Professor of International Law Farhad Mehdiyev, answered these and other questions in the "Difficult Question" program.
According to him, the two cases passed by the International Court of Justice on the conflict between Armenia and Azerbaijan are dubious. Since, when making a decision regarding Azerbaijan, the court referred to the resolution of the Parliamentary Assembly of the Council of Europe (PACE) of September 27, 2021 entitled “On the humanitarian consequences of the Nagorno-Karabakh conflict” (which can hardly be called fair) and to the materials of some international NGOs. Since the resolution is connected with the war in Karabakh and it is one-sided - as if the Laws of War were violated by only one Azerbaijani side during the military campaign”.
Mehdiyev stated that in reality it is not so. The military personnel of the Armed Forces of Armenia also violated the laws of war. “This happens during all wars, without exception. Armenian servicemen violated both the Geneva and Hague conventions in many cases,” he stressed. Mehdiyev also noted bias on the destruction of cultural heritage.
“For example, during the 44-day war, the church in Shusha (Qazançı kilsəsi) was damaged by shelling - a rocket hit the dome of the church. As a result, Azerbaijan was accused of deliberate destruction of Armenian shrines and historical monuments. Although the Azerbaijani side rightly stated that all the cases that the Armenian side speaks about occurred during the war, but after its end no one can declare a violation of the conventions. And what is happening during the hostilities was caused by military necessity,” the lawyer emphasized.
In general, he believes, the results of the interim measures adopted by the court in The Hague are acceptable. –0--
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