By Luis Moreno Ocampo
December 2023 marked the 75th anniversary of the Genocide Convention’s adoption. And yet, here we stand, at a moment when, despite constant discussion of the term, the international community is failing miserably to address the problem.
Just in the last months of 2023, the U.N. Special Adviser on the Prevention of Genocide Alice Wairimu Nderitu alerted the world to six different situations where there’s risk of genocide against ethnic groups. She mentioned the risks affecting the Rohingya, the people of Nagorno-Karabakh, the Tigray in Ethiopia, Israelis and Palestinians, and the Masalit in Darfur. Since her mandate doesn’t allow her to say if genocide was, indeed, committed, this is the most she can do.
And now, we face another: Last month, the California-based Center for Truth and Justice (CFTJ) petitioned the International Criminal Court (ICC), where I served as the first chief prosecutor, to investigate Azerbaijan President Ilham Aliyev for genocide against Armenians in Armenia — and it’s a petition the ICC should consider.
The challenge in substantiating genocide often lies in proving intent to destroy — in whole or in part — a designated group. That’s why the massive dossier presented to the ICC on Apr. 18 by U.S. Orange County Superior Court Judge Gassia Apkarian, who represents the Center for Truth and Justice, is remarkable. It presents the consistent declarations made by Aliyev over the last decade, unequivocally demonstrating his intention to destroy ethnic Armenians.
To be clear, this isn’t just about the Armenian community in Nagorno-Karabakh — a disputed, self-governing enclave within Azerbaijan. The communication is focused on different forms of genocide committed against Armenians in Armenia itself.