Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Azerbaijan v. Armenia) - Fixing of time-limit for the filing by Azerbaijan of a written statement of its observations and submissions

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. 2023/23 1 May 2023 Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Azerbaijan v. Armenia) Preliminary objections raised by Armenia Fixing of time-limit for the filing by Azerbaijan of a written statement of its observations and submissions THE HAGUE, 1 May 2023. By an Order dated 25 April 2023, the President of the International Court of Justice, the principal judicial organ of the United Nations, has fixed the time-limit within which the Republic of Azerbaijan may present a written statement of its observations and submissions on the preliminary objections raised by the Republic of Armenia in the case concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Azerbaijan v. Armenia). In the Order, the President notes that on 21 April 2023, Armenia raised preliminary objections to the jurisdiction of the Court and to the admissibility of the Application, and that, in accordance with Article 79bis, paragraph 3, of the Rules of Court, the proceedings on the merits have therefore been suspended. The President has fixed 21 August 2023 as the time-limit within which Azerbaijan may present a written statement of its observations and submissions on the preliminary objections raised by Armenia. The subsequent procedure has been reserved for further decision. History of the proceedings On 23 September 2021, Azerbaijan filed an Application instituting proceedings against Armenia concerning alleged violations of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). According to the Applicant, “Armenia has engaged and is continuing to engage in a series of discriminatory acts against Azerbaijanis on the basis of their ‘national or ethnic’ origin within the meaning of CERD”. The Applicant claims that “through both direct and indirect means, Armenia continues its policy of ethnic cleansing”, and that it “incites hatred and ethnic violence against Azerbaijanis by engaging in hate speech and disseminating racist propaganda, including at the - 2 - highest levels of its Government”. Referring to the period of hostilities between the two countries that erupted in autumn 2020, Azerbaijan contends that “Armenia once again targeted Azerbaijanis for brutal treatment motivated by ethnic hatred”. Azerbaijan further contends that “Armenia’s policies and conduct of ethnic cleansing, cultural erasure and fomenting of hatred against Azerbaijanis systematically infringe the rights and freedoms of Azerbaijanis, as well as Azerbaijan’s own rights, in violation of CERD”. In its Application, Azerbaijan claims, inter alia, that Armenia’s policy and practice of anti-Azerbaijani discrimination “has had both the purpose and effect of nullifying and impairing the human rights and fundamental freedoms of Azerbaijanis in violation of Articles 2, 3, 4, 5, 6 and 7 of CERD”. Azerbaijan adds that “[t]he Parties’ attempts to negotiate a settlement of Azerbaijan’s claims . . . have resulted in deadlock”. Azerbaijan therefore requests the Court “to hold Armenia accountable for its violations” under CERD and to “redress the harm thereby visited on Azerbaijan and its people”. As basis for the Court’s jurisdiction, Azerbaijan invokes Article 36, paragraph 1, of the Statute of the Court and Article 22 of CERD, to which both States are parties. The Application also contained a Request for the indication of provisional measures. More information on the incidental proceedings relating to that Request and to a subsequent Request for the indication of provisional measures can be found in press releases Nos. 2021/21, 2021/35, 2023/1 and 2023/11. It is further recalled that, by an Order dated 21 January 2022, the Court fixed 23 January 2023 and 23 January 2024 as the respective time-limits for the filing of a Memorial by Azerbaijan and a Counter-Memorial by Armenia. The Memorial of Azerbaijan was filed within the time-limit thus fixed. ___________ Note: The Court’s press releases are prepared by its Registry for information purposes only and do not constitute official documents. ___________ The full text of the Order is available on the Court’s website. Earlier press releases relating to this case are available on the Court’s website. ___________ The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands). The Court has a twofold role: first, to settle, in accordance with international law, through judgments which have binding force and are without appeal for the parties concerned, legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system. ___________ - 3 - Information Department: Ms Monique Legerman, First Secretary of the Court, Head of Department: +31 (0)70 302 2336 Ms Joanne Moore, Information Officer: +31 (0)70 302 2337 Mr. Avo Sevag Garabet, Associate Information Officer: +31 (0)70 302 2394 Email: [email protected]