The Need to Establish International Criminal Tribunal for Azerbaijan

According to the report, “There is an ongoing Genocide against 120,000 Armenians living in Nagorno-Karabakh, also known as Artsakh. The blockade of the Lachin Corridor by the Azerbaijani security forces impeding access to any food, medical supplies, and other essentials should be considered a Genocide under Article II, (c) of the Genocide Convention: “Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.” There are no crematories, and there are no machete attacks. Starvation is the invisible Genocide weapon. Without immediate dramatic change, this group of Armenians will be destroyed in a few weeks. Starvation as a method to destroy people was neglected by the entire international community when it was used against Armenians in 1915, Jews and Poles in 1939, Russians in Leningrad (now Saint Petersburg) in 1941, and Cambodians in 1975/1976. Starvation was also neglected when used in Srebrenica in the winter of 1993/1994. Analyzing the Srebrenica case, the International Court of Justice ruled that “deprivation of food, medical care, shelter or clothing” constitute Genocide within the meaning of Article II(c) of the Genocide Convention. State parties of the Genocide Convention assumed the duty to prevent and punish Genocide. The International Court of Justice ruled that state parties should “not wait until the perpetration of Genocide commences,” and “The whole point of the obligation is to prevent or attempt to prevent the occurrence of the act.”

The report stated, “There exists a rational foundation to believe that a genocide is presently taking place.” He further pointed out that under a U.N. convention, genocide encompasses the intentional imposition of circumstances designed to result in the physical obliteration of a particular group. The report further emphasized that the means of this “invisible genocide” is starvation, rather than direct acts like machete assaults or the presence of crematories. Without swift and drastic alteration, the Armenian community in question could face annihilation within a few weeks.

A representative of the Azerbaijani government rejected Ocampo’s report, asserting that it contained unverified allegations and accusations.

Following the teport and the negative reaction of Azerbaijani authorities, Mher Margaryan, Armenia’s representative to the United Nations, formally requested the meeting to address the critical situation in Nagorno-Karabakh. The request was made through a letter to the ambassador of the United States, which currently holds the presidency of the Security Council for this month.

In response to an appeal from Armenia, the United Nations Security Council has arranged an urgent session on 16 of August. The request has expressed concern about the blockade of Nagorno-Karabakh, a region predominantly inhabited by Armenians and situated within Azerbaijan. Approximately 120,000 individuals are reportedly encountering food scarcity and are on the brink of a severe humanitarian crisis.

The UN Security Council meeting concluded with a robust yet fairly conventional statement emphasizing the immediate reopening of the Lachin Corridor, which serves as the connection between Nagorno-Karabakh, Armenia, and the global community. They urged both Armenia and Azerbaijan to avoid politicizing humanitarian assistance, address the needs of civilians, and work toward normalizing relations for a potential future peace agreement. Nevertheless, it remains highly foreseeable that Azerbaijan will persist with its genocidal policies aimed at the Armenian population, particularly in Karabakh.