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Armenia seeks to take Azerbaijan’s non-compliance with ICJ ruling to UN Security Council

March 20,2023 15:20

ARMENPRESS. Armenia is “working” in the direction of raising the issue of Azerbaijan’s non-compliance with the world court order on unblocking the Lachin Corridor at the UN Security Council, the Representative of Armenia on International Legal Matters Yeghishe Kirakosyan told lawmakers Monday.

The United Nations’ highest court – the International Court of Justice (ICJ) – ordered Azerbaijan on February 22 to “take all steps 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 Azerbaijan since 12 December 2022.

Kirakosyan was asked to comment on the matter by Hayastan faction Secretary Artsvik Minasyan at the parliamentary committee on state-legal affairs hearings. Minasyan asked Kiraskoyan whether or not it’s possible for the UN Security Council to consider applying the sanctions under chapter 7 of the UN Charter.

Kirakosyan reiterated that the ICJ ruling is binding and Azerbaijan must comply with it.

“Unfortunately we are facing the reality that Azerbaijan is simply ignoring the ruling, furthermore not only is it ignoring it but it is trying to distort the content of the ruling on the highest official level up to the lowest official level. This was recently seen in the Azerbaijani Foreign Minister’s letter addressed to the UN Secretary General, to which our minister’s letter has been submitted as a response,” he said.

Kirakosyan said that article 94 of the UN Charter provides for a certain narrow description pertaining to the rulings. But attempts in the past to bring rulings on provisional measures before the UN Security Council have failed. The cases related to a permanent member, who exercised its right to veto and the issue didn’t make it to final debates.

“But in our case I think we should work in that direction. I know that our colleagues at the foreign ministry are working in that direction. It is highly important for the matter to enter the agenda at the UN Security Council. And we must maximally utilize all diplomatic channels to ensure a favorable discussion of the issue,” Kirakosyan said.

Taking the issue to the UNSC has two perspectives, he added. First is the formal point of view, there’s article 94 of the charter which gives such an authority to the Security Council. The second logic is chapter 7 of the UN Charter – its mandate for ensuring international peace and security.

“The idea is that the non-fulfillment of this ruling creates risks for international peace and security. So we have the chance to raise this issue at the Security Council at least under two logics. It is obvious that the non-compliance with the court’s decision, that is the continuation of the blockade, creates very serious risks for international security.”

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