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We welcome the Order by the Worldwide Courtroom of Justice (ICJ) dated 22 February on the indication of a provisional measure to Azerbaijan, obliging the latter to “take all measures at its disposal to make sure unimpeded motion of individuals, autos and cargo alongside the Lachin Hall in each instructions”. This court docket order is a logical continuation of earlier provisional measures indicated by the ICJ on 7 December 2021, and obliging Azerbaijan to “forestall the incitement and promotion of racial hatred and discrimination, together with by its officers and public establishments, focused at individuals of Armenian nationwide or ethnic origin”.
We deem it essential that when contemplating the case, the ICJ famous that the blockade could represent a violation by Azerbaijan of the rights of the individuals of Artsakh protected below the Worldwide Conference on the Elimination of All Types of Racial Discrimination. The ICJ order permits to outline the continuing blockade of Artsakh as a manifestation of discriminatory actions intentionally carried out by the Azerbaijani authorities. Of specific significance can also be the Courtroom’s conclusion that the continuing blockade of Artsakh by Azerbaijan entails an actual and imminent threat that irreparable hurt shall be prompted to the rights of the individuals of Artsakh. Thus, whereas indicating a provisional measure to Azerbaijan, the Worldwide Courtroom of Justice used the instruments out there inside their competence to guard the individuals of Artsakh from racial discrimination by Azerbaijan.
The Courtroom’s determination is an goal affirmation of the repeatedly voiced place of Artsakh that the blockade is simply one other episode of Azerbaijan’s decades-long discriminatory insurance policies geared toward expelling the individuals of Artsakh from their historic homeland. The felony coverage of Azerbaijan, carried out towards the individuals of Artsakh and bearing a large-scale and systematic character, is outlined by worldwide regulation as against the law towards humanity. The worldwide group on the whole and the UN member states specifically have authorized and political obligations to take efficient steps to stop such huge human rights violations, in addition to restore the violated rights.
On this context, we name on the worldwide group to take efficient measures to make sure the fast and unconditional implementation by Azerbaijan of the order of the principal judicial organ of the United Nations. On the similar time, we deem it essential to systematically and totally contemplate on the worldwide stage the problem of the authorized safety of the individuals of Artsakh from the Azerbaijani coverage of huge violations of their rights. We’re satisfied that of their approaches to resolving the battle between Artsakh and Azerbaijan, the worldwide group, as an efficient treatment, ought to acknowledge the legitimacy of the Artsakh individuals’s selection for independence. Any dialogue of the potential of recognizing Azerbaijani jurisdiction and management over Artsakh and its individuals is tantamount to encouraging Azerbaijan’s coverage of ethnic cleaning.
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