World Court judges ordered the neighboring South Caucasus countries of Azerbaijan and Armenia to prevent racial hatred after both countries brought forward cases related to an ongoing border dispute; each claimed that the other had violated a convention on racial discrimination. The World Court’s statement directed the states to prevent the incitement of violence against nationals from the other nation, and also ruled that neither country should do anything to aggravate the dispute while the Court is in the process of reviewing their cases.
Joan Donohogue, the presiding judge in the case, stated that Azerbaijan must protect “all persons captured in relation to the 2020 conflict who remain in detention” and must “prevent and punish acts of vandalism and desecration affecting Armenian cultural heritage.” Andrew Blinken, the American Secretary of State, released an official statement expressing that “the United States is deeply concerned” and “urge[s] both sides to take immediate concrete steps to reduce tensions and avoid further escalation. We also call on the sides to engage directly and constructively to resolve all outstanding issues, including border demarcation.”
The court order comes on the heels of each nation accusing the other of breaching the International Convention on the Elimination of All Forms of Racial Discrimination (C.E.R.D.); both Armenia and Azerbaijan are signatories.
While the World Court’s order is a step in the right direction, the court must acknowledge the possibility that one or both nations will not heed its orders. The World Court (formerly known as the International Court of Justice) is a United Nations court that settles disputes between nations; however, in this case, whether or not the World Court even has jurisdiction has yet to be determined. As such, there is the possibility that Azerbaijan and/or Armenia will not feel beholden to the Court’s command. This is especially concerning because the Court’s order states that the two nations must not take any action to aggravate the situation while the cases are being handled, but the process of resolving a case can take years. As such, the World Court simply stating that both nations should prevent racial hatred and violence is an insufficient solution to this ongoing and multifaceted crisis.
Armenia and Azerbaijan have been locked in a territorial dispute for some time. In October 2020, troops from Azerbaijan forced ethnically Armenian forces out of the areas in and around Nagorno-Karabakh, a territory which Armenia had controlled since the fall of the Soviet Union, when ethnic Armenians in the territory declared that they were breaking away from Azerbaijan. Russia brokered a ceasefire as tensions mounted, but clashes along the border over the Nagorno-Karabakh region persist. As recently as last Friday, Armenia reported one dead and eight wounded as conflicts continue.
As the World Court orders Azerbaijan and Armenia to prevent racial hatred and discrimination against each other’s nationals, the dispute over the territory of Nagorno-Karabakh continues, and the cases which those countries have brought to the court are nowhere near close to being resolved. With no end to the disputes in sight, and no binding measures being taken, the situation between the two countries has negative implications for the peace and security of the entire region, as well as the efficacy of international courts.
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