Provisional measures

Code
1

Request for the modification of the Court’s Order indicating provisional measures

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. 2023/25
24 May 2023
Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan) Request for the modification of the Court’s Order indicating provisional measures

Application instituting proceedings and request for the indication of provisional measures

INTERNATIONAL COURT OF JUSTICE APPLICATION INSTITUTING PROCEEDINGS containing a REQUEST FOR PROVISIONAL MEASURES filed in the Registry of the Court on 16 September 2021 APPLICATION OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (ARMENIA v. AZERBAIJAN) COUR INTERNATIONALE DE JUSTICE REQUÊTE INTRODUCTIVE D’INSTANCE assortie d’une DEMANDE EN INDICATION DE MESURES CONSERVATOIRES enregistrée au Greffe de la Cour le 16 septembre 2021 APPLICATION DE LA CONVENTION INTERNATIONALE SUR L’ÉLIMINATION DE TOUTES LES FORMES DE DISCRIMINATION RACIALE (ARMÉNIE c.

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.

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
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
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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

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.

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