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.

INTERNATIONAL COURT OF JUSTICE
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Summary
Unofficial
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 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 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

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.

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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Press Release
Unofficial
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
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.

DECLARATION OF JUDGE YUSUF
Objection to continued misuse of compromissory clause of CERD — Request has nothing to do with CERD — It is about humanitarian law in a situation of armed conflict — It is high time the Court put an end to such misuse — CERD and its compromissory clause to be safeguarded from extraneous claims.
1. I voted against the provisional measure indicated by the Court in paragraph 67 of the Order because of the reference to “obligations under the International Convention on the Elimination of All Forms of Racial Discrimination”.

22 FEBRUARY 2023
ORDER
APPLICATION OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (ARMENIA v. AZERBAIJAN)
___________
APPLICATION DE LA CONVENTION INTERNATIONALE SUR L’ÉLIMINATION DE TOUTES LES FORMES DE DISCRIMINATION RACIALE (ARMÉNIE c. AZERBAÏDJAN)
22 FÉVRIER 2023
ORDONNANCE
TABLE OF CONTENTS
Paragraphs
CHRONOLOGY OF THE PROCEDURE 1-21
I. GENERAL OBSERVATIONS 22-25
II. PRIMA FACIE JURISDICTION 26