HAYK GRIGORYAN

The academic member of the

Supreme Judicial Council of

the Republic of Armenia,

Doctor of law

DOI: https://doi.org/10.59546/18290744-2023.4-9-54

Annotation.

The article examines the prohibitions of genocide established by Islamic doctrine and Muslim traditions. With a view to further qualification of the actions of the military and political leadership of Azerbaijan, the factual circumstances of the acts that took place in Nagorno-Karabakh since December 2022 are analyzed. Legal analysis of the elements of the crime of genocide. International legal and organizational problems of investigation, as well as problems of criminal responsibility of representatives of the military and political leadership of Azerbaijan for committing the crime of genocide of the Armenian population of Nagorno-Karabakh are analyzed. As examples, parallels are drawn between the relevant judgements of the International Tribunal for the Former Yugoslavia, the International Tribunal for Rwanda and the International Criminal Court (hereinafter ICC) for similar acts. The institution of immunity of State officials for genocide is under consideration. Since, at present, it is only possible to bring to justice the military and political leadership of another State at the international level, and the ICC potentially has jurisdiction to try genocide cases, Consideration is being given to the provisions of the Rome Statute of the ICC on the conditions for admission and investigation of crimes against the peace and security of mankind, including the crime of genocide.

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