Armenia ratifies the Rome Statute, signaling its desire to distance itself from close ally Russia following Moscow’s failure to fulfill its security agreement obligations.
Azerbaijani forces enter Nagorno-Karabakh for ”local anit-terrorist activities.”[1]
Armenia has officially ratified the Rome Statute, accepting the International Criminal Court’s (ICC) jurisdiction over any war crimes, crimes against humanity, or genocide that may occur in its territory, retroactive to May 10, 2021.[2] This controversial move was prompted by continued hostilities between Armenia and neighboring Azerbaijan, particularly within the contested region of Nagorno-Karabakh.[3] Russia has expressed its strong disapproval of their supposed ally’s move, calling it an “unfriendly step” away from formerly close diplomatic relations between the two states.[4] However, Russia is far from blameless in Armenia’s decision to join the ICC. Moscow’s abandonment of its obligations under several bilateral and multilateral security agreements has left Armenia with little protection against hostilities from Azerbaijan. Armenia has therefore turned to international judicial mechanisms in an attempt to secure a means of protecting itself.
In the thirty years since the Soviet Union’s dissolution, the traumatic legacy of the early 20th-century genocide of Christian Armenians by Ottoman Muslims has prevented Armenia and Azerbaijan from developing a diplomatic relationship.[5] The two states disagree about the region of Nagorno-Karabakh, a region recognized internationally as part of Azerbaijani territory but whose inhabitants are ethnically Armenian.[6] These disputes have resulted in serious allegations, with the Azerbaijani government accusing Armenia of supporting a puppet government in the region and Armenia accusing Azerbaijan of ethnic cleansing through a food blockade and “anti-terrorist” initiatives.[7] Armenia and Azerbaijan have managed to avoid a full-scale armed conflict in large part because of the numerous security agreements that Russia has formed with both Armenia and Azerbaijan.[8] These agreements call for Russian peacekeepers to help regulate Nagorno-Karabakh and negotiate ceasefires when conflicts arise.[9] However, as Russia has been unable to fulfill its obligations under these agreements, the relationship between Armenia and Azerbaijan remains dangerously unstable.[10]
With Russia engaged in a full-scale war in Ukraine, Moscow has limited resources and time to spend monitoring Armenia and Azerbaijan’s volatile relationship. During the most recent conflict between Azerbaijan and Armenia, Azerbaijani forces attacked Armenian military targets in Nagorno-Karabakh.[11] Armenia claims that Azerbaijan’s failure to properly distinguish between military and civilian targets was purposeful and aimed to drive Armenians from the area.[12]
Moscow helped negotiate a ceasefire to end this conflict–which included the assignment of Russian soldiers to the Nagorno-Karabakh region to ensure security and protect human rights–but these forces have offered little assistance.[13] Many of the peacekeeping forces were reassigned to help with Russian efforts in Ukraine, but those who weren’t reassigned still failed to intervene.[14] This failure to respond led to the death of hundreds of Armenian and Azerbaijani soldiers and civilians.[15] Azerbaijan has tested the strength of Russian intervention and found it to be slow and reluctant. Without the threat of ICC prosecution, there would be little to disincentivize Azerbaijan from completely taking over Nagorno-Karabakh, forcing out ethnic Armenians, and engaging in full-scale armed conflict with Armenia.
In 2022, Armenia reignited the movement to ratify the Rome Statue, contingent on approval from its Constitutional Court.[16] Armenia initially signed the Rome Statute in 1999 but the Armenian Constitutional Court refused to ratify the agreement at that time because it found some of the Statute’s provisions inconsistent with the Armenian Constitution. Armenia’s Constitution has since changed, however, now allowing for ratification of the Rome Statute following approval from the Armenian legislature and president in October of 2023.[17] This move, which obligates Armenia to cooperate with current ICC initiatives, has serious implications for Armenia’s relationship with Russia. In March 2023, the ICC issued an arrest warrant for Vladimir Putin for alleged war crimes committed in Ukraine.[18] This warrant, and Armenia’s obligation to arrest Putin should he enter its territory, complicates the already strained relationship between Russia and Armenia.
Given the historic tension in the region and recent allegations of ethnic cleansing in Nagorno-Karabakh, it is not unreasonable for the Armenian government to fear increasing hostility and future attacks. Joining the ICC gives the Armenian government a forum to hold the Azerbaijani government and its military accountable for their actions in Armenia. The ICC has jurisdiction over events that occur within the territory of any states that are party to and have ratified the Rome Statute.[19] Although the ICC does not have direct jurisdiction over actions the Azerbaijani government may take in its own territory, because Azerbaijan is not party to the Rome Statute, the ICC now has jurisdiction over any potentially criminal conduct occurring on Armenian soil. This includes any potential armed conflicts or war crimes committed by either party, in addition to any forced deportation of Armenians out of Nagorno-Karabakh. By ratifying the Rome Statute and becoming a party to the treaty, Armenia minimizes its need for Russian allyship, while simultaneously welcoming new diplomatic relations with Western powers.[20] In its preoccupation with the war in Ukraine, Russia has damaged a previously strong diplomatic relationship with its former territory. Now that Armenia has joined the ICC, Russia’s reputation as a global power has taken yet another hit.
[1] Gavin Gabriel, The Nagorno-Karabakh Conflict Explained, Politico (Sept. 19, 2023, 7:43 PM), https://www.politico.eu/article/nagorno-karabakh-conflict-azerbaijan-armenia-south-caucasus-russia/.
[2] Press Release, International Criminal Court, Armenia joins the ICC Rome Statute (Nov. 17, 2023), https://www.icc-cpi.int/news/armenia-joins-icc-rome-statute#:~:text=On%2014%20November%202023%2C%20the,Armenia%20on%201%20February%202024.
[3] Gavin, supra note 1.
[4] Armenian President Approves Parliament’s Decision to Join the International Criminal Court, AP News, https://apnews.com/article/armenia-icc-russia-putin-26612df6d4687d0fd7137144aff3ef9c (Oct. 14, 2023, 6:36 AM).
[5] The Armenian Genocide (1915-16): Overview, United States Holocaust Memorial Museum, https://encyclopedia.ushmm.org/content/en/article/the-armenian-genocide-1915-16-overview (last visited Jan. 8, 2023).
[6] Nagorno-Karabakh Conflict, Global Conflict Tracker, Council on Foreign Relations, https://www.cfr.org/global-conflict-tracker/conflict/nagorno-karabakh-conflict (Oct. 26, 2023).
[7] Azerbaijan Launches Massive Offensive in Nagorno-Karabakh, Eurasianet (Sept. 19, 2023), https://eurasianet.org/azerbaijan-launches-massive-offensive-in-nagorno-karabakh.
[8] Anna Ohanyan, Is Armenia’s Move to Join the ICC a Strategic Necessity or Geopolitical Suicide?, Carnegie Endowment for International Peace (June 28, 2023), https://carnegieendowment.org/2023/06/28/is-armenia-s-move-to-join-icc-strategic-necessity-or-geopolitical-suicide-pub-90063.
[9] Id.
[10] Id.
[11] Azerbaijan Launches Massive Offensive in Nagorno-Karabakh, supra note 7.
[12] Mark Trevelyan, Explainer: Nagorno-Karabakh: tensions between Armenia and Azerbaijan explained, Reuters (Sept. 20, 2023, II:13 AM), https://www.reuters.com/world/asia-pacific/nagorno-karabakh-tensions-between-armenia-azerbaijan-explained-2023-09-20/.
[13] Ohanyan, supra note 8.
[14] Id.
[15] Id.
[16] Armenia Discusses its International Criminal Court Plans with Russia, TASS Reports, Reuters (Sept. 17, 2023, 2:43 AM), https://www.reuters.com/world/armenia-discusses-its-international-criminal-court-plans-with-russia-tass-2023-09-17/.
[17] Ohanyan, supra note 8.
[18] Rome Statute of the International Criminal Court, July 1, 2002, 2187 U.N.T.S. 90.
[19] Id.
[20] James Joseph, Armenia Becomes 124th State Party to International Criminal Court, Jurist (Nov. 16, 2023 9:50:42 AM), https://www.jurist.org/news/2023/11/armenia-becomes-124th-state-party-to-international-criminal-court/.
Comments