By Annie Moskofian

As the world observed the International Day for Criminal Justice on July 17, the Armenian National Committee of America – Western Region (ANCA-WR) urgently calls for the International Criminal Court (ICC) prosecution of Azerbaijani officials led by Ilham Aliyev for war crimes, crimes against humanity, and genocide committed during and after the 44-Day War in Nagorno-Karabakh (Artsakh), including the genocidal blockade of Nagorno-Karabakh between 2022 and 2023, and the ongoing ethnic cleansing.

Recent reports, including a comprehensive dossier prepared by the Armenian Legal Center in Washington, D.C., detail extensive human rights violations and war crimes committed by Azerbaijani officials. These crimes, ranging from the blockade of essential goods to the intentional infliction of conditions aimed at destroying the Armenian population in Nagorno-Karabakh, demand immediate and decisive action under international law.

During the 44-Day War, which raged from September 27 to November 10, 2024, Azerbaijani forces engaged in widespread systematic attacks on civilian populations. This conflict saw the use of advanced military technology and weaponry, including drones, heavy artillery, white phosphorus, and cluster munitions. The Azerbaijani military conducted indiscriminate shelling of residential areas in Nagorno-Karabakh, leading to significant civilian casualties and the destruction of homes, schools, and hospitals. These deliberate attacks on civilian infrastructure are clear violations of the Geneva Conventions and International Humanitarian Law. Reports from international human rights organizations have documented numerous instances of Azerbaijani forces targeting civilian areas without regard for human life. The use of the banned cluster munitions in populated areas resulted in horrific injuries and long-lasting dangers for civilians, as unexploded ordnance continues to pose a threat. Furthermore, the 44-Day War was characterized by egregious acts of violence against prisoners of war (POWs) and civilians. There are numerous documented cases of torture, extrajudicial killings, and other inhumane treatment of Armenian captives by Azerbaijani forces. These acts not only contravene the laws of war but also constitute serious violations of human rights.

The aftermath of the 44-Day War has seen Azerbaijani authorities engage in a campaign of ethnic cleansing aimed at eradicating the Armenian presence in Nagorno-Karabakh. On December 12, 2022, the Lachin Corridor, the singular lifeline connecting Nagorno-Karabakh to Armenia and the rest of the world, was blockaded by Azerbaijani forces, severely restricting access to food, medical supplies, and other essential goods for the 120,000 Armenians of Nagorno Karabakh. Despite multiple orders from the International Court of Justice (ICJ) demanding Azerbaijan to lift the blockade, Aliyev’s regime intensified its siege, culminating in a complete closure of the corridor on June 15, 2023. The shortages caused by this blockade disproportionately affected vulnerable populations such as children, the elderly, and the sick. Genocidal intent in Nagorno-Karabakh can be inferred from the actions of Azerbaijani President Ilham Aliyev. Despite international pressure and legally-binding ICJ orders, Aliyev continued to enforce the blockade, denying basic necessities to the Armenians in Nagorno-Karabakh. This deliberate infliction of life-threatening conditions falls squarely under Article II (b), Article II (c), Article II (d) of the Genocide Convention, which defines genocide as acts intended to destroy, in whole or in part, a national, ethnic, racial, or religious group by inflicting conditions of life calculated to bring about its physical destruction.

The actions of Azerbaijani officials represent clear violations of International Humanitarian Law (IHL) and International Human Rights Law (IHRL). Additionally, the arbitrary detention and prosecution of POWs contravene the Geneva Conventions, specifically Article III, which protects combatants from the prosecution of acts of war, and Article 2(c)(v) of the EU Global Human Rights Sanctions Regime (EUGRHSR), which defines arbitrary arrest and detention. The arbitrary detention and fabricated charges not only stripped the Armenian POWs of their rights but also violated fundamental principles of fair trial and due process. These violations underscore the urgent need for accountability and justice.

ICC prosecutions are grounded in the Rome Statute and ICC procedures, which empower the Court to hold individuals accountable for war crimes, crimes against humanity, and genocide. The ICC operates independently from national jurisdictions and has the mandate to prosecute individuals. Once a situation has been referred to the ICC, the Office of the Prosecutor conducts a preliminary examination to determine whether there is a reasonable basis to proceed with an investigation. If an investigation is warranted, the Prosecutor can issue arrest warrants or summonses to appear for individuals suspected of committing crimes within the ICC’s jurisdiction. The Rome Statute, adopted on July 17, 1998, established the ICC’s jurisdiction to prosecute individuals for offenses of international concern, including genocide, crimes against humanity, war crimes, and crimes of aggression. The ICC’s jurisdiction and procedures are designed to bring perpetrators of such egregious acts to justice. Azerbaijan, though not a State Party to the Rome Statute, can still be subject to ICC jurisdiction if the United Nations Security Council refers the situation to the ICC or if Azerbaijan accepts the court’s jurisdiction ad hoc. ANCA-Western Region has determined that the situation in Nagorno-Karabakh represents a clear case for ICC intervention. The evidence compiled by the Armenian Legal Center and other human rights organizations provides a compelling basis for ICC prosecution. It is clear that Ilham Aliyev and other Azerbaijani officials have orchestrated and perpetuated a systematic campaign of deprivation and violence against the Armenian population, warranting international criminal accountability.

In light of these documented violations, ANCA-WR urges the ICC to take immediate action to investigate and prosecute the Azerbaijani officials implicated in these human rights violations under the Rome Statute. ANCA-WR calls on signatories of the Rome Statute to support the referral of the Azerbaijani case to the ICC. The evidence presented demands justice for the Armenians of Nagorno-Karabakh, as well as Armenian POWs and their families. The UN Security Council and the international community must support this call for accountability and ensure that those responsible for these heinous crimes are brought to justice. The failure to address these war crimes not only undermines justice but also perpetuates a cycle of violence and impunity.

Annie Moskofian—2024 ANCA Western Region Intern; University of California, Berkeley – School of Law – Juris Doctor (J.D.) Candidate; University of California, Los Angeles (UCLA) Graduate, B.A. Human Biology and Society.