Armenian Bar Association
P.O. Box 29111, Los Angeles, CA 90029
ArmenianBar.org | info@ArmenianBar.org
Dear Prime Minister Pashinyan:
We write to express our deep concern and discontent regarding your recent statements
indicating your express inclination to withdraw the Republic’s international legal
complaints against Azerbaijan for its wholesale violations of human rights. We find that
this is a reckless and short-sighted approach, which would incapacitate efforts to achieve
sustainable peace, justice, and accountability for the grievous crimes committed against
the Armenian people. International accountability for crimes and violations of international
human rights law serves as a meaningful restraint on Azerbaijan’s conduct and the
interethnic animus behind it.
The pursuit of justice through legitimate legal mechanisms must not become an
expendable tool to be traded away at the bargaining table, even if under duress; rather, it
is a fundamental pillar of international law and a prerequisite for the genuine redress of
grievances and reconciliation of peoples. In initiating legal proceedings for Azerbaijan’s
grave human rights violations against ethnic Armenians, Armenia assumed responsibility
for seeking justice and accountability on the victims’ behalf. The case for justice is as
strong as ever: Azerbaijan has not relented in its discrimination against Armenians and
continues to advocate for the destruction of any Armenian state or presence in the South
Caucasus. Should you now go forward with your stated inclination to withdraw the actions,
you will be sending an astounding message out to the whole world: that Azerbaijan had
a license to discriminate against and kill ethnic Armenians, to ethnically cleanse Armenian
homelands, and that such actions may continue with impunity.
Armenia’s relatively recent ratification of the Rome Statute of the International Criminal
Court (ICC) signaled a commitment to holding perpetrators accountable for crimes of
genocide, war crimes, and crimes against humanity. To now abandon legal avenues,
particularly while credible evidence of crimes against humanity, ethnic cleansing, forced
displacement, and grave human rights violations persist, undermines the legal protection
that all Armenians enjoy under international law.
The withdrawal of international legal complaints would have severe negative
repercussions, including but not limited to:
Betraying Victims and Survivors – The forced displacement of over 120,000
Armenians from Artsakh, the unlawful detention and documented torture of
Armenian civilians, prisoners of war (POWs) and hostages, the systematic state led Armenophobic, racist discourse against Armenia and Armenians, as well as
the ongoing destruction of Armenian cultural heritage, are grossly inconsistent with
international law and merit a strong legal response. The abandonment of legal
proceedings will leave thousands of Armenian families without the possibility of
justice, reinforcing a dangerous precedent that aggressors can act with, and be
rewarded for, their impunity and invites further violent and illegal aggression.
Endangering Individual Claims – In addition to the state-level cases currently
pursued by Armenia, several individuals have filed lawsuits against Azerbaijan at
the ECHR in their personal capacities. Withdrawing Armenia’s interstate claims
against Azerbaijan could directly or indirectly impact these individual complaints,
imperiling victims’ legal recourse and property claims. Many affected individuals
have relied on Armenia to advocate for their rights internationally, and such a
disengagement could deprive them of crucial support in seeking justice.
Promoting Impunity and Undermining Historical Justice – Even if Azerbaijan
agrees to reciprocally retreat from its legal complaints against Armenia, crimes
committed against the Armenian people should not be left unanswered. The failure
to ensure proper accountability will set a dangerous precedent that encourages
future violations and reinforces a pattern of impunity. This decision will also have
far-reaching historical consequences, further obstructing the long-standing pursuit
of justice for the Armenian Genocide and similar crimes against humanity. By
abandoning legal avenues, Armenia risks eroding its and others’ ability to advocate
for historical justice on an international level.
The Armenian people have endured decades of injustice, systematic aggression, and
violations of fundamental human rights. It is the responsibility of the Armenian state to
utilize every legal tool available to ensure accountability, deter further aggression, and
establish a framework for a just and lasting peace. Indeed, reconciliation and
accountability have been key elements of transitional justice to ensure lasting peace in
countless interethnic conflicts around the world. Withdrawing legal proceedings today
without any meaningful avenue for historical justice and accountability will not bring peace
tomorrow; rather, it will embolden those who seek to erase our existence.
We urge you, Mr. Prime Minister, to reconsider and reaffirm Armenia’s insistence on legal
accountability for the crimes and human rights violations committed at the hands of
Azerbaijan. Justice is neither negotiable nor degradable—it is a bare necessity for the
security, sustainable peace, dignity, and future of the Armenian nation and humanity as a
whole.
Sincerely,
ARMENIAN BAR ASSOCIATION
Lucy Varpetian
Chairwoman