“It cannot have direct legal consequences because it is the opinion of an independent expert. It is the opinion of a reputable lawyer, which is a guideline that if the legal processes start in this direction, they will go,” answering the question during a discussion at the “Media Center,” what consequences can the report of the former Chief Prosecutor of the International Criminal Court Luis Moreno Ocampo have? , this is how international law specialist Ara Ghazaryan answered.
According to him, we can clearly say that if the International Criminal Court starts proceedings, by what guidelines will these processes be guided? “It is an essential document; other documents will follow it. Everyone will rely on the opinion of a reputable lawyer until we get a legally binding document. RA is still delaying, and we still see that the project is in the government, which is not unconstitutional; it has not been sent to the parliament, apparently, there are external or internal impulses; the Armenian side is still in a waiting situation; it can go to the parliament at any time, the parliament will ratify, it will begin the legal process. It will take a long time, but the fact that the legal process begins proves that what was stated in the prosecutor’s decision is at least the truth.” According to Ara Ghazaryan, this document will have many indirect consequences but no direct ones.
When asked whether the International Criminal Court can start an investigation, the prosecutor himself stated that it can because Article 4 of the Genocide Convention stipulates that people who commit genocide must be punished, even if they are constitutionally recognized rulers. Ghazaryan answered: “The International Criminal Court can start proceedings; of course, it is a complicated legal process. But if we take it from the point of view of objective jurisprudence, then the minimum threshold is a complex process. But if we take the objective reality, then the minimum threshold has been overcome, and in this, no matter how surprising, Aliyev himself plays the most significant role. He has left so much evidence behind him, and he does not hide his intentions; he openly declares that you can get up and leave this area; this is already a subjective feature of the international crime of ethnic cleansing. And in the context of these new facts, genocide is already a personal characteristic, which the prosecutor emphasized. Suppose it is easier to find an objective feature or subjectivity, which is the intention, in the crimes of ordinary crimes. In that case, we are dealing with the head of the state, who openly declares that he is conducting a military campaign and implementing a policy of ethnic cleansing.
Now Baku will try to hide it, but the statements have been made, applications have been submitted, and Aliyev is the leading actor in RA claims in the hate speech department at the International Court of Justice. He has made so many expressions of hatred towards ethnic Armenians, citizens of RA, that all of this is a basis in the international criminal court. Now a new crime is added to it: genocide.”
Read also
Tatev HARUTYUNYAN
Photo: “Media Center.”
