On October 12, 2022, the International Court of Justice issued an Order concerning Armenia’s Request for the Modification of the Court’s 7 December 2021 Order
indicating provisional measures in the case concerning the Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan)
(“the Request”). The Request was filed with the Court in the aftermath of Azerbaijan’s aggression against the sovereignty and territorial integrity of Armenia starting on September 13, 2022.
In its 12 October 2022 Order, the Court reaffirmed that the “situation that existed when it issued its 7 December 2021 Order is ongoing,” and that detained ethnic Armenians remain at serious risk of irreparable prejudice. It accordingly confirmed that its 7 December 2021 Order obligates Azerbaijan to protect “any person who has been or may come to be detained during any hostilities that constitute a renewed flare-up of the 2020 Conflict.” As such, Azerbaijan is required to protect all Armenians captured during Azerbaijan’s September 2022 armed attack on sovereign Armenian territory, as well as in any related conflict moving forward.
“The Court has imposed on Azerbaijan an independent, actionable obligation to treat humanely Armenians captured in any hostilities during the pendency of these proceedings. Azerbaijan has already violated that obligation on account of the atrocities committed by its armed forces, freely disseminated and glorified on its media, and will be held accountable at the merits stage,” said Foley Hoag partner and Co-Chair of the International Litigation and Arbitration Practice Constantinos Salonidis.
In addition to Salonidis, Foley Hoag partner and Co-Chair of the International Litigation and Arbitration Practice Lawrence Martin, special counsel Pierre d’Argent, counsel Diana Tsutieva, and associates Joseph Klingler, Peter Tzeng, Iulia Padeanu Mellon, Natalia Tchoukleva, Amir Farhadi, Yasmin Al Ameen, and Harout Ekmanian are part of the legal team representing Armenia, along with Professors Sean Murphy of George Washington University Law School and Robert Kolb of the University of Geneva Faculty of Law.