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The withdrawal of interstate complaints against Azerbaijan involves multifaceted risks. announcement

The statement of CSOs for the protection of the rights of forcibly displaced people from Artsakh.

The network of CSOs for the protection of the rights of persons forcibly displaced from Artsakh (Nagorno Karabakh)1 condemns the statement of Prime Minister Nikol Pashinyan at the press conference on March 12 of this year, in which he talks about the possibility of withdrawing Armenia's complaints in international courts and other structures if the peace treaty is signed. Such a move could have real harmful consequences for the protection of the rights of those forcibly displaced from Nagorno-Karabakh, prisoners of war and other affected persons and undermine Armenia's international legal efforts. Refusal of interstate complaints could weaken Armenia's legal standing in international courts in terms of both collective and individual rights, thus hindering justice and accountability.

These lawsuits are the cornerstone of seeking collective justice for past violations, including war crimes against Artsakh Armenians and human rights violations. They are of vital importance in protecting the collective rights of the people of Artsakh and ensuring their collective return. They are indispensable for protecting the spiritual and cultural heritage of people, state and private property in Artsakh and creating international protection mechanisms that guarantee a safe and dignified life after their return.

The submitted complaints related to forced displacement of the population of Artsakh, deliberate killings and enforced disappearances of prisoners of war and civilians, torture and other inhuman and degrading treatment or punishment, freedom, fair trial, respect for property, private and family life, as well as other fundamental are the most important means of protection against the gross violations of rights, against Azerbaijan. Refusal of the lawsuits will leave the affected persons without effective means of legal protection, as evidenced by the recognition by the European Court of Human Rights (ECHR) of the lack of any means of protection for Armenians in Azerbaijan. This move could hinder accountability efforts and undermine the chances of achieving justice, especially given the potential for missed remedies due to missed deadlines for individual complaints under the ECHR's admissibility criteria. In particular, many victims have refrained from filing individual complaints in the hope of seeking justice through interstate complaints, denying them real opportunities to seek justice and accountability through legal channels. Waiver of claims is also likely to have a negative impact on individual complaints already filed.

Prioritizing legal channels, particularly through court decisions offering specific enforcement mechanisms, is critical to the pursuit of justice and reparation because, unlike political processes, they provide a more reliable framework for real opportunities to protect victims' rights, ensure accountability, and redress.

From the point of view of human rights, this action not only endangers the protection of the rights of those forcibly displaced from Nagorno-Karabakh and other victims, but also sends dangerous signals that the atrocities of the past will remain unpunished. Such a stance may inadvertently legitimize Azerbaijan's hostile policy towards Armenians and pave the way for future gross violations, threatening to undermine efforts to ensure peace and stability.

The decision to withdraw the complaints against Azerbaijan could have far-reaching consequences, posing a significant threat to the collective existence of the Republic of Armenia and its people. This could tarnish Armenia's international reputation, affecting perceptions of its commitment to upholding international law and justice, which are critical to a democratic and legal state. This could hinder Armenia's ability to attract investment, promote economic growth, and engage effectively in diplomatic efforts. Furthermore, such a move could undermine Armenia's reputation in international diplomacy, hinder its ability to defend its interests, and potentially strain relations with other countries and organizations.

Summarizing, we should note that the withdrawal of interstate complaints against Azerbaijan involves multifaceted risks that go beyond the legal and diplomatic dimension. In this light, the Government of the Republic of Armenia must unequivocally stand by its commitment to justice for the people of Artsakh by maintaining its interstate judicial complaints against Azerbaijan in both the European Court of Human Rights and the International Court of Justice. It is imperative that we continue to invest the necessary resources and exercise due diligence to effectively file and defend these complaints. In addition, it is important to initiate new legal actions based on all relevant conventions, exploring the possibility of seeking justice at the International Criminal Court. It is critical to be persistent in seeking accountability to ensure that past atrocities do not go unpunished.

Network of CSOs for the protection of the rights of forcibly displaced persons from Artsakh

1. "Harmonia" Shusheti Women's NGO

2. "Krunk" NGO for the protection of the rights of Artsakh Armenians

3. "Return to Kashatagh" NGO

4. "Return to Karvachar" NGO

5. "Return to Dizak" NGO

6. "Kumairi" NGO of Artsakh Armenians

7. "Deoccupation of Hadrut" NGO

8. "Deoccupation of Shushi" NGO

9. "Askerantsiner" community development center NGO

10. "Institute of People's Diplomacy of Artsakh" NGO

11. "Hay Ka" social, security and development NGO

12. "Armenian Association of Lawyers" NGO

13. "Civil Society Institute" NGO

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