Artsakh people’s case must be brought before the International Court of Justice – Philippe Raffi Kalfayan

Philippe Raffi Kalfayan, a French lawyer, consultant, and expert in public international law, said in an interview with Alpha News that he has “been entrusted with a special mandate by the authorities of Artsakh to implement a project aimed at persuading one of the states to bring the case of the people of Artsakh before the International Court of Justice.”

“Since the International Court of Justice considers only inter-state applications, it is necessary for one state to act as an applicant against another. Accordingly, the goal is to persuade one of the states to assume responsibility for representing the rights and interests of the people of Artsakh and to initiate proceedings, including on the issue of the right of return.

As for the issue of security guarantees, this is a separate matter. However, if during the proceedings the Court deems it necessary to address this issue, it will do so. In turn, determining practical measures and the procedures for their implementation may fall within the competence of the UN Security Council.

The Court, for its part, will primarily consider the issue of the right of return. We expect its decision to be positive. This is a fundamental principle. However, the specific mechanisms and procedures for return should be determined by the UN Security Council. I initiated this work because the Armenian government decided to withdraw the case from the International Court of Justice. As a result, the issue of Artsakh risks remaining without proper legal consideration.

The main obstacle so far has been the position of the Armenian government, which opposes raising this issue. This is a serious obstacle, but it cannot serve as a basis for inaction.

The principles on which we rely are fundamental in nature and cannot be challenged neither by the Armenian government nor by any other states. Accordingly, they cannot reject our arguments. At best, they may refer to the absence of an official request from the Armenian government, but this does not negate the fact that our arguments are legally substantiated,” he said.