Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Azerbaijan v. Armenia) The Court rejects the Request for the indication of provisional measures submitted by the Republic of Azerbaijan on 4 January 20
INTERNATIONAL COURT OF JUSTICE Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928 Website Twitter YouTube LinkedIn Press Release Unofficial No. 2023/11 22 February 2023 Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Azerbaijan v. Armenia) The Court rejects the Request for the indication of provisional measures submitted by the Republic of Azerbaijan on 4 January 2023 THE HAGUE, 22 February 2023.
Summary of the Order of 22 February 2023
INTERNATIONAL COURT OF JUSTICE Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928 Website Twitter Account YouTube LinkedIn Summary Unofficial Summary 2023/2 22 February 2023 Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Azerbaijan v.
Declaration of Judge ad hoc Keith
DECLARATION OF JUDGE AD HOC KEITH 1. I have two main reasons for agreeing with the rejection by the Court of Azerbaijan’s requested measures. 2. While it is the case that over 30 civilians in the areas recovered by Azerbaijan in the 44-day war have been killed and over 80 civilians injured, I am unable to see plausible evidence that these were the effects, let alone the purpose, of racially discriminatory acts in terms of Article 1 of CERD. By their very nature, landmines are indiscriminate in their effects. 3.
Summary of the Order of 22 February 2023
INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
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Summary 2023/1
22 February 2023
Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan) Request for the indication of provisional measures
Joint declaration of Judges Charlesworth and Brant
JOINT DECLARATION OF JUDGES CHARLESWORTH AND BRANT 1. We join the Court in rejecting Azerbaijan’s Request for provisional measures. Today (Order, para. 22), the Court recalls its reasoning in its Order of 7 December 2021. The Court had stated there that it “does not consider that CERD plausibly imposes any obligation on Armenia to take measures to enable Azerbaijan to undertake demining or to cease and desist from planting landmines”1 . Armenia relied on this sentence in the present proceedings to resist Azerbaijan’s Request. 2. This sentence catches the eye.
Declaration of Judge Sebutinde
DECLARATION OF JUDGE SEBUTINDE Judge Sebutinde agrees that Azerbaijan’s present request should be rejected in toto She also agrees with the reasoning and conclusion of the Court in relation to Azerbaijan’s allegations relating to the laying of landmines However, she disagrees that the Court’s reasoning in relation to the landmines applies equally to the booby traps Azerbaijan’s assertion regarding the presence of booby traps in civilian areas is based on new facts pursuant to Article 75, paragraph 3, of the Rules of Court The reason why the Court should reject the Applicant’s reques
Order of 22 February 2023
22 FÉVRIER 2023 ORDONNANCE APPLICATION DE LA CONVENTION INTERNATIONALE SUR L’ÉLIMINATION DE TOUTES LES FORMES DE DISCRIMINATION RACIALE (AZERBAÏDJAN c. ARMÉNIE) ___________ APPLICATION OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (AZERBAIJAN v. ARMENIA) 22 FEBRUARY 2023 ORDER TABLE OF CONTENTS Paragraphs CHRONOLOGY OF THE PROCEDURE 1-12 I. PRIMA FACIE JURISDICTION 13 II. THE PROVISIONAL MEASURES REQUESTED BY AZERBAIJAN 14-24 III.
Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan) - The Court indicates a provisional measure to ensure unimpeded movement of persons, vehicles and cargo along the Lachin Corridor
INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
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No. 2023/10
22 February 2023
Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan) The Court indicates a provisional measure to ensure unimpeded movement of persons, vehicles and cargo along the Lachin Corridor
Declaration of Judge ad hoc Keith
DECLARATION OF JUDGE AD HOC KEITH
1. As my vote indicates, I agree with the rejection by the Court of the first and third measures requested by Armenia.
2. I write to explain my negative vote on the measure that the Court does indicate. In support of that vote, I depend on four reasons.