"(1) The Republic of Azerbaijan shall, in accordance with its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination,
(a) 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;
(b) 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;
(c) 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 artefacts;
(2) Both Parties shall refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve." (Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan), Provisional Measures, Order of 7 December 2021, I.C.J. Reports 2021, pp. 392-393, para. 98.)
— "Azerbaijan shall cease its orchestration and support of the alleged 'protests' blocking uninterrupted free movement along the Lachin Corridor in both directions[;]
— Azerbaijan shall ensure uninterrupted free movement of all persons, vehicles, and cargo along the Lachin Corridor in both directions."
On behalf of Armenia: H.E. Mr. Yeghishe Kirakosyan,
Mr. Lawrence H. Martin,
Mr. Linos-Alexandre Sicilianos,
Mr. Constantinos Salonidis,
Mr. Pierre d'Argent.
On behalf of Azerbaijan: H.E. Mr. Elnur Mammadov,
Mr. Vaughan Lowe,
Lord Peter Goldsmith,
Ms Laurence Boisson de Chazournes.
"On the basis of its Request for provisional measures dated 27 December 2022, its letter dated 26 January 2023, and its oral pleadings, Armenia respectfully requests the Court to indicate the following provisional measures pending its determination of this case on the merits:
— Azerbaijan shall cease its orchestration and support of the alleged 'protests' blocking uninterrupted free movement along the Lachin Corridor in both directions[;]
— Azerbaijan shall ensure uninterrupted free movement of all persons, vehicles, and cargo along the Lachin Corridor in both directions[;]
— Azerbaijan shall immediately fully restore and refrain from disrupting or impeding the provision of natural gas and other public utilities to Nagorno-Karabakh."
"In accordance with Article 60 (2) ofthe Rules of Court, for the reasons explained during these hearings, the Republic of Azerbaijan respectfully asks the Court to reject the request for the indication of provisional measures submitted by the Republic of Armenia."
"any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life".
In accordance with Article 2 of the Convention, States parties "condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms". Under Article 5, States parties undertake to guarantee the right of everyone to equality before the law in the enjoyment of a non-exhaustive list of rights, in particular the "right to freedom of movement and residence within the border of the State", the "right to leave any country, including one's own, and to return to one's country", and the "right to public health, medical care, social security and social services".
"Azerbaijan has not taken any measures that could endanger traffic; on the contrary, it has done everything it can to ensure that traffic in the Lachin Corridor remains safe and secure, all while maintaining contact with the commanders of the Russian authorities deployed on the ground".
"has and undertakes to continue to take all steps within its power to guarantee the safety of movement of persons, vehicles and cargo along the Lachin road, including continued and regular engagement with the ICRC, communicating with and facilitating communications with Russian peacekeepers, taking steps to engage with local residents in Garabagh, and — if Armenia finally decides that it is indeed its problem and agrees to come to the negotiating table — with Armenia as well".
The Court takes note of this statement. However, it does not remove entirely the imminent risk of irreparable prejudice created by the disruption in movement along the Lachin Corridor.
By thirteen votes to two,
Indicates the following provisional measure:
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, take all measures at its disposal to ensure unimpeded movement of persons, vehicles and cargo along the Lachin Corridor in both directions.
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Xue, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Daudet;
AGAINST: Judge Yusuf; Judge ad hoc Keith.
Done in English and in French, the English text being authoritative, at the Peace Palace, The Hague, this twenty-second day of February, two thousand and twenty-three, in three copies, one of which will be placed in the archives of the Court and the others transmitted to the Government of the Republic of Armenia and the Government of the Republic of Azerbaijan, respectively.
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