Center for Truth and Justice Alternative Report: Azerbaijan’s Violations of the International Convention on the Elimination of All Forms of Racial Discrimination

On September 16, 2021, Armenia filed an Application with the International Court of Justice
(“ICJ”), the principal judicial organ of the United Nations, instituting proceedings against
Azerbaijan, alleging violations of the International Convention on the Elimination of All Forms
of Racial Discrimination (“ICERD”). As cases before the ICJ can take years to adjudicate,
Armenia requested that the ICJ grant provisional orders. On December 7, 2021, in its Order,
which has binding effect, the Court indicated the following provisional measures:

1) “Azerbaijan must, in accordance with its obligations under CERD, protect from violence
and bodily harm all persons captured in relation to the 2020 Conflict who remain in
detention, and ensure their security and equality before the law;
2) take all necessary measures to prevent the incitement and promotion of racial hatred and
discrimination, including by its officials and public institutions, targeted at persons of
Armenian national or ethnic origin; and
3) take all necessary measures to prevent and punish acts of vandalism and desecration
affecting Armenian cultural heritage, including but not limited to churches and other
places of worship, monuments, landmarks, cemeteries and artifacts.”

Upon the ICJ’s December 7, 2021 Order (“ICJ Order”), the nonprofit organization Center for
Truth and Justice (“CFTJ”) created a Task Force to monitor Azerbaijan’s compliance with the
ICJ Order. In the first six months following the ICJ Order, CFTJ documented violations by
Azerbaijan, as collected via the following:

a) Testimonial evidence from POWs that returned to Armenia after December 7, 2021;
b) Open source information published and disseminated by Azerbaijan’s state officials; and
c) Statements and declarations made by Azerbaijan’s President and other state officials.

This report outlines Azerbaijan’s violations of the ICJ Order between December 7, 2021 and
June 7, 2022, as documented by CFTJ. The factual information in this report aims to highlight
that despite the ICJ Order and Azerbaijan’s obligations under ICERD, Azerbaijan continues to
treat Armenian detainees in the most depraved and inhumane ways, incite racial hatred against
Armenians, and destroy, demolish and vandalize Armenian cultural sites including churches and
cemeteries. With this report, CFTJ appeals to the committee of ICERD to create a judicial review
mechanism to send a clear message to Azerbaijan that their violations shall not be tolerated, with
legal and diplomatic consequences to follow.

 

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