Is the world turning a blind eye to international crimes in Nagorno-Karabakh?

On October 3rd, the Armenian parliament ratified the Rome Statute of the International Criminal Court in the midst of what may be the commission of international crimes against the ethnic Armenian community in Nagorno-Karabakh, a region in territory contested between Armenia and Azerbaijan. Yet the world seems to be doing little to stop this from happening. In recent weeks, news stories have unfurled containing images and reports of Armenians fleeing in terror from their ancestral homes in the region. The international community’s inaction raises the possibility of Azeri officials getting away with what may be international crimes while the world watches.

Nagorno-Karabakh has been subject to a blockade of its main commercial artery, the Lachin Corridor, since December 12th, 2022. The Armenian community has fled a situation that could foreseeably have led to widespread death and destruction. Prior to the exodus, the community faced dwindling food supplies, lack of essential medicine, and fuel shortagesOver 100,00 Armenians have fled to Armenia. The Independent reports that the last bus has left Nagorno-Karabakh, leaving behind a ‘‘ghost town’’. UN official Stephane Dujarric stated on October 2nd that, ‘’The UN team heard from representatives of local communities that 50-1,000 ethnic Armenians remained in Karabakh.’’ Intergenerational families have experienced the loss of their ancestral homes, crushing uncertainty, and what appears to be forcible displacement.

The mass exodus of Armenians should be treated as a matter of international peace and security by world powers, especially the United States and the United Nations. Armenia’s ratification of the Rome Statute is a step towards countering a situation of potential impunity of Azerbaijani government officials.  However, if the world does not do something, Azerbaijan will get away from what may amount to international crimes. Azerbaijani officials must be held accountable for their conduct against the Armenian community of Nagorno-Karabakh, and the ICC will provide an avenue of accountability for what are clear indicators of actions that should attract world condemnation.

The rhetoric coming from American officials is less than what would be expected. Secretary of State Anthony Blinken, stated that he is ‘deeply concerned by Azerbaijan’s military actions’, but this language is not strong enough. Indeed, an Irish-American member of America’s political elite, Samantha Power, has avoided using the word genocide in describing the situation. Politico reports that Power, an expert in genocide studies and foreign policy, has stated that she has received ‘“very troubling reports of violence against civilians”’.

International law experts have also raised the call for the international community to act on what may be grave violations of international law. Warnings against potential international crimes have been going on for months, yet Azerbaijani actions have continued. On August 7th, former ICC prosecutor Luis Moreno-Ocampo argued in a report that genocide was being committed in Nagorno-Karabakh.  The first sentence of his report reads: ‘There is an ongoing Genocide against 120,000 Armenians living in Nagorno-Karabakh, also known as Artsakh.’ Moreno-Ocampo could not be clearer. Genocide scholar Melanie O’Brien agrees that genocide has been committed, while international lawyer Priya Pillai argues that crimes against humanity may have been committed ‘’due to the coercive environment created by the months-long blockade and the recent armed attack’’ if connected to a widespread attack. As Svante Lundgren and Nicholas Kristof note, well-reputed organizations such as the International Association of Genocide Scholars have also been warning against potential genocide being committed in Nagorno-Karabakh for months. In February, the International Court of Justice ordered Azerbaijan to remove blocks from the Lachin Canal amid allegations of ethnic cleansing. David Scheffer has questioned whether a Truth and Reconciliation Commission should be established – but will this fill the void for those who crave international justice?

The actions of the Azerbaijani government warrant scrutiny by an international judicial institution, which would strengthen the world’s response to the catastrophic events in Nagorno-Karabakh. Those responsible must not be permitted to exercise impunity for their conduct. Now is the time for decisive action.

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