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ICJ see no potential racial discrimination in alleged acts of environmental harm
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Judge Charlesworth considers that Armenia’s second preliminary objection should have been rejected as lacking sufficient arguments
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Azerbaijan’s allegations concerning the claim based on alleged laying of landmines and boobytraps fall within broader CERD claims
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Judge Charlesworth considers that Armenia’s first preliminary objection raised issues of Azerbaijan’s legal standing, which the respondent state had failed to establish
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Establishing the existence of continuing or composite wrongful acts would require examination of evidence, reserved for the merits phase of the proceedings
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Views of CERD Committee are irrelevant for the court’s jurisdiction under CERD
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For Judge Charlesworth, principle of reciprocity did not require the parties to bear identical or reciprocal substantive obligations
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Allowing Azerbaijan to invoke Armenia’s responsibility under CERD during the disputed period would violate principles of reciprocity and equality between states; Armenia did not owe substantive CERD obligations towards Azerbaijan in the disputed period
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Erga omnes nature of obligations does not serve as basis for court’s jurisdiction
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Temporal scope of court’s jurisdiction is linked to temporal scope of substantive CERD obligations between the parties
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No issue of non-retroactivity arises with respect to Armenia’s substantive obligations under CERD
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Parties disagree on applicability of CERD when Armenia was a CERD party and Azerbaijan was not
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Background: Following Armenia’s application, Azerbaijan itself turns to ICJ alleging that Armenia breached CERD by engaging in long-standing systematic ethnic cleansing of Azerbaijanis
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After summarizing parties’ positions, ICJ concludes that acts of arbitrary detention and enforced disappearance also fall under CERD
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General anti-Armenian sentiment, if established on the merits, may show violation of CERD
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CERD does not differentiate between members of armed forces and civilians; both groups of claims fall under CERD, provided that discriminatory treatment is based on national or ethnic origin
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CERD and international humanitarian law apply simultaneously in armed conflicts
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To clear jurisdictional hurdle, the court must only find that Azerbaijan’s acts, if established, would be capable of violating CERD
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Parties’ positions remained substantially unaltered until last meeting in September 2021
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Exchanges on modalities, scope and timing of negotiations fell under Article 22 of CERD
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Parties’ correspondence shows that subject-matter of negotiations coincided with subject-matter of CERD
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Negotiation requirement under Article 22 of CERD is met when negotiations have failed or have become futile or deadlocked
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Background: Armenia petitions ICJ with allegations of racial discrimination after decades-old conflict over Nagorno-Karabakh triggers new armed hostilities
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Legal implications for other countries and the United Nations
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