Since Azerbaijan’s lightning military operation in September that saw Baku retake control of the region, the International Court of Justice (ICJ) has released a preliminary decision requiring Azerbaijan to guarantee the safety of Armenians wishing to return to Nagorno-Karabakh.

In its ruling on November 17, the IC mandated that Azerbaijan guarantee those who fled Nagorno-Karabakh after September 19 and want to return “are able to do so in a safe, unimpeded, and expeditious manner” as they wait for a final ruling in the matter.

Those who choose to leave Nagorno-Karabakh must do the same, and those who want to stay must do so “free from the use of force or intimidation that may cause them to flee,” the court said in a ruling accepted by the judges 13-2.

The judges further ordered Azerbaijan to “protect and preserve registration, identity, and private property documents and records” of those residing in the area and mandated that within eight weeks, the nation report to the UN's highest court on the actions taken to implement the interim measures.

The decision is a preliminary step in a case brought by Armenia accusing Azerbaijan of breaching an international convention against racial discrimination related to Nagorno-Karabakh. Azerbaijan also brought a case against Armenia alleging breaches of the same convention. Years will probably pass before the lawsuits are resolved.

Response from Armenia

The Armenian Foreign Ministry welcomed the Order of the International Court of Justice, adopted on the request filed by the Republic of Armenia in the case brought against the Republic of Azerbaijan under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).

"In its Order, the Court stated that 'according to United Nations reports, more than 100,000 persons of Armenian national or ethnic origin have found themselves compelled to leave their place of residence and reach the Armenian border since the operation commenced by Azerbaijan in Nagorno-Karabakh on September 19, 2023.' According to the Order, the mentioned operation 'took place in the context of the long-standing exposure of the population of Nagorno-Karabakh to a situation of vulnerability and social precariousness.' As stated by 'the residents of this region have been severely impacted by the long-lasting disruption of the connection between Nagorno-Karabakh and Armenia via the Lachin Corridor, which has impeded the transfer of persons of Armenian national or ethnic origin hospitalized in Nagorno-Karabakh to medical facilities in Armenia for urgent medical care. There have also been hindrances to the importation of essential goods into Nagorno-Karabakh, causing shortages of food, medicine, and other life-saving medical supplies," the report noted.

The report noted, "The Court further ordered Azerbaijan to:

1) "(i) ensure that persons who have left Nagorno-Karabakh after September 19, 2023, and who wish to return to Nagorno-Karabakh are able to do so in a safe, unimpeded and expeditious manner; (ii) ensure that persons who remained in Nagorno-Karabakh after September 19, 2023, and who wish to depart are able to do so in a safe, unimpeded and expeditious manner; and (iii) ensure that persons who remained in Nagorno-Karabakh after September 19, 2023, or returned to Nagorno-Karabakh and who wish to stay are free from the use of force or intimidation that may cause them to flee"; and

2)   "protect and preserve registration, identity and private property documents and records that concern the persons identified under subparagraph (1) and have due regard to such documents and records in its administrative and legislative practices."

Response from Azerbaijan 

The Azerbaijani Foreign Ministry reported that the country welcomes the decision of the International Court of Justice, “which reaffirms Azerbaijan's sovereignty and territorial integrity, and rejects Armenia's request, which calls into question Azerbaijan's long-accepted and internationally recognized sovereignty over Karabakh.” "It is also worth noting that the Court rejected the groundless and ridiculous request of Azerbaijan to withdraw all personnel of the military and law enforcement agencies from the Karabakh region," the report noted.

"The measures mentioned by the court accept the already declared policy of the Azerbaijani government regarding the Armenian residents of Karabakh. This includes our commitment to ensure the safety and security of all residents, regardless of their national or ethnic origin. Azerbaijan has never expelled Armenian residents from Karabakh, and despite Azerbaijan's calls not to leave the region, it was their decision to move to Armenia and other countries. In accordance with its Constitution and relevant international obligations, Azerbaijan is committed to protecting the human rights of the Armenian residents of Karabakh on an equal basis with other citizens of Azerbaijan," the statement reads.

"The fact that the court did not require any action regarding Armenia's request to facilitate the visit of UN agencies to the Karabakh region and to cooperate with the International Committee of the Red Cross (ICRC) is an acknowledgment of Azerbaijan's openness and cooperation in this field. This makes all the accusations against our country essentially baseless," it emphasized.

"Azerbaijan takes its obligations under CERD seriously. We remain committed to upholding these obligations and the rights of all people under international law, and we are focused on building a peaceful and prosperous region," the information concluded.

Azerbaijan and France clash 

After the decision, the Ministry of Foreign Affairs of France said in a statement that the ICJ’s Order also stipulates that Baku should ensure the safety of people who wish to depart Nagorno-Karabakh and that those who wish to stay must remain free from the use of force or intimidation that may cause them to flee correspondents to the position of Paris.

The Azerbaijani Foreign Ministry stated that the statement of the French Ministry of Foreign Affairs is inappropriate and unacceptable.

"France's indifference to the rejection of most of Armenia's illegal appeals by the Court is another clear example of double standards and prejudice against Azerbaijan. It is unfortunate that a country, while presenting itself as the greatest defender of justice and order, has misinterpreted a matter that has nothing to do with France and interfered in the Court's affairs. France must focus on the implementation of the Court's judgments regarding its infamous colonial policies and its illegal actions, including nuclear testing," the report said.

"Unlike France, Azerbaijan takes its international obligations seriously," the information concluded.