Curtea Internațională de Justiție ordonă Azerbaidjanului să pună capăt barajului rutier din Nagorno-Karabah

On February 22, 2023, the International Court of Justice (ICJ), the principal judicial organ of the United Nations, ordonat provisional measures to ensure that Azerbaijan ends the blockage of the Lachin Corridor. The order, which has a binding effect, states that the Republic of Azerbaijan shall, pending the final decision in the case and in accordance with its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), take all measures at its disposal to ensure unimpeded movement of persons, vehicles and cargo along the Lachin Corridor in both directions.

The Lachin Corridor has been blocked by Azerbaijani protesters since December 12, 2022, protesting about the issue of alleged illegal mining of natural resources in Nagorno-Karabakh. The protest, blocking the Lachin Corridor, has been halting the normal movement of people and goods in or out of the enclave, including food, fuel, and medical supplies, resulting in shortages of the products in the enclave.

On December 28, 2022, Armenia, in an existing case before the ICJ, filed a new request for the indication of provisional measures. In the request, Armenia states that, on 12 December 2022, Azerbaijan “orchestrated a blockade of the only road connecting the 120,000 ethnic Armenians in Nagorno-Karabakh with the outside world”. Armenia requested several provisional measures to address this situation and restore access to Nagorno-Karabakh.

When explaining its decision on provisional measures, the ICJ confirmed that at least some of the rights claimed by Armenia under CERD are plausible. It further found that there was a link between the measure requested and the plausible rights that Armenia seeks to protect. The ICJ indicated that “a number of consequences have resulted from [the blockage of the Lachin Corridor] and that the impact on those affected persists to this date. The information available to the Court indicates that the disruption on the Lachin Corridor 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.” The ICJ further stated that the available evidence indicates “hindrances to the importation into Nagorno-Karabakh of essential goods, causing shortages of food, medicine and other life-saving medical supplies.” The ICJ found that this may have a serious detrimental impact on the health and lives of individuals.

The ICJ concluded that “the alleged disregard of the rights deemed plausible by the Court may entail irreparable consequences to those rights and that there is urgency, in the sense that there is a real and imminent risk that irreparable prejudice will be caused before the Court makes a final decision in the case.” As a result, the ICJ ordered Azerbaijan, pending the final decision in the case and in accordance with its obligations under CERD, to take all measures at its disposal to ensure unimpeded movement of persons, vehicles and cargo along the Lachin Corridor in both directions.

It is not yet clear whether Azerbaijan will follow the order. While the order is binding, however, the ICJ has no way of enforcing it.