A general view of the International Court of Justice (ICJ) in The Hague, Netherlands, December 9, 2019. Photo: Reuters/Eva Plevier
By Tural Heybatov
On February 12, Azerbaijan took a significant step by filing a lawsuit at the Permanent Court of Arbitration in The Hague against Armenia. This case is under the 1979 Bern Convention, which focuses on conserving European wildlife and natural habitats.
Azerbaijan’s Ministry of Foreign Affairs claims Armenia has violated its obligations under this convention. After regaining control of its territories, Azerbaijan found alarming evidence of environmental damage, including habitat destruction and threats to biodiversity. These actions caused severe harm to the region’s plants and animals.
Azerbaijan formally initiated the arbitration process on January 18, 2023, after gathering evidence to support its claims. The arbitration tribunal was confirmed on September 15, 2023, and the first hearing occurred on April 12, 2024, in The Hague.
This case is historic because it marks the first inter-state arbitration under the Bern Convention. It could set a crucial legal precedent for future environmental disputes. Each country involved nominates an arbitrator, with one appointed by mutual agreement. The convention ensures a timely process to avoid unnecessary delays, requiring decisions by a two-thirds majority, which are binding.
Armenians set fire to formerly occupied Azerbaijani territories. Photo: Virtual Karabakh
Azerbaijan demands full compensation from Armenia for the extensive environmental damage. This includes the impacts of Armenia’s activities during its occupation of Azerbaijani lands, which affected numerous wildlife species and ecosystems. Violations include massive deforestation, unsustainable logging, mining, and building dams that altered natural water flow.
Armenia denies causing any ecological harm, but Azerbaijan has backed its claims with extensive investigations led by international experts. Legal analysts suggest Armenia may try to shift blame to local entities in Karabakh, distancing itself from direct actions.
However, there’s a legal precedent that might work against Armenia. In a 2015 ruling, the European Court of Human Rights held Armenia responsible for human rights violations, establishing the country’s role in the conflict. Furthermore, Armenia’s actions were often out in the open, perhaps underestimating future legal repercussions.
Reports indicate that between 2014 and 2018, significant deforestation occurred in occupied areas, with Armenian environmentalists noting a massive increase in logging compared to Armenia itself. Before the occupation, Karabakh and Eastern Zangezur had around 230,000 hectares of forest, with a significant portion lost during this period.
Sarsang Reservoir in Azerbaijan’s Tartar district. Photo: AzTV
In the Tartar district, forests were cleared to build a canal from the Sarsang Reservoir, aimed at harming Azerbaijani areas downstream. Valuable timber from these lands was exploited by foreign companies engaging in illegal operations. Additionally, agricultural land was mismanaged, leading to serious soil erosion.
Azerbaijan’s findings have been validated by the United Nations Environment Programme (UNEP), which noted extensive damage to protected forests, some containing ancient trees over 2,000 years old. Certain reserves were designated for protecting rare ecosystems, but many suffered during the occupation.
Between 1974 and the end of the occupation, major environmental changes occurred in reserves like the Basitchay State Nature Reserve. Armenia diverted river courses, leading to the destruction of thousands of hectares of unique floodplain forests.
Although Azerbaijan has not disclosed the amount of compensation it seeks, experts suggest it might exceed Armenia’s financial capacity. If Armenia loses and refuses to pay, experts say that fines could be imposed on its assets globally, including bank accounts and property.
News.Az
