Armenia confirms it is ready for reciprocal withdrawal of lawsuits after peace deal with Baku

Armenia has reiterated that Yerevan and Baku are likely to withdraw their lawsuits against each other from international courts once the two countries sign a final peace agreement.

“Naturally, the withdrawal of lawsuits may be part of the peace process,” Lilit Makunts, head of Prime Minister Nikol Pashinyan’s office, told reporters on Tuesday.

Why withdraw the lawsuits?

Armenia and Azerbaijan initialed a U.S.-mediated peace agreement in Washington last year. Initialing confirms that the two sides have agreed on the text of the document, but it does not make the agreement legally binding. The agreement still needs to be signed and ratified by both countries before entering into force.

Article XV of the agreement requires both sides to withdraw, dismiss or otherwise settle all interstate claims and proceedings related to issues that existed before the agreement was signed. They must do so within one month of the agreement’s entry into force. The provision was reportedly included at Azerbaijan’s insistence.

What lawsuits are ongoing?

Armenia and Azerbaijan have filed several cases against each other in international courts. These include reciprocal applications for interim measures submitted to the European Court of Human Rights during the 2020 Nagorno-Karabakh war, on September 27 and October 27, respectively, as well as subsequent proceedings, including Armenia’s request for measures to ensure the unimpeded opening of the Lachin Corridor.

The two countries also filed reciprocal cases at the International Court of Justice in September 2021, accusing each other of violating the International Convention on the Elimination of All Forms of Racial Discrimination.

In its application, Armenia argued that “[f]or decades, Azerbaijan has subjected Armenians to racial discrimination.” It further alleged that, “[a]s a result of this State-sponsored policy of Armenian hatred, Armenians have been subjected to systemic discrimination, mass killings, torture and other abuse.”

In a counter-application filed a week later, Azerbaijan claimed that “through both direct and indirect means, Armenia continue[d] its policy of ethnic cleansing.” Baku also alleged that Armenia “incite[d] hatred and ethnic violence against Azerbaijanis by engaging in hate speech and disseminating racist propaganda, including at the highest levels of its government.”

Both cases remain pending before the court.