Baku turns to Hague court over Armenia’s breaches of Azerbaijan’s sovereign rights

On 19 November 2024, the Government of Azerbaijan filed its Statement of Claim with the Permanent Court of Arbitration (in the Hague) against Armenia that details Armenia’s multiple breaches of Azerbaijan’s sovereign rights over its energy resources under the Energy Charter Treaty (ECT) and fundamental principles of international law, the Azerbaijani Foreign Ministry said in a statement.

This Statement of Claim is the latest development in international legal proceedings that began on 27 February 2023, when Azerbaijan served a Notice of Arbitration on Armenia. The arbitral tribunal was constituted on 8 September 2023, and the first procedural meeting between Azerbaijan and Armenia took place on 12 January 2024.

"During its nearly thirty-year illegal occupation of Azerbaijan’s internationally recognized territory, Armenia prevented Azerbaijan from accessing or developing its energy resources in that territory. Instead, it exploited those resources for Armenia’s own benefit," MFA said.

Crucial among Armenia’s breaches of international law is its refusal to allow Azerbaijan to access or benefit from significant renewable energy projects for decades. These include the Tartar Hydropower Plant on the Sarsang Reservoir in the formerly occupied Aghdara district, along with the Khudafarin and Giz Galasi hydropower projects on the border with Iran, in the formerly occupied Jabrayil district of Azerbaijan, as well as previously untapped energy potential, renewables, including hydropower, and other resources.

"During its illegal occupation, Armenia also licensed and regulated the entities that operated the Tartar Hydropower Plant, unlawfully plugging this energy source into its domestic electricity network and directing surplus energy to Armenia for domestic energy consumption. Further, Armenia barred Azerbaijan from accessing the Khudafarin and Giz Galasi project sites, delaying the completion of these critical hydropower projects by 30 years and impairing Azerbaijan’s development of its renewable energy sector," reads the statement.

"Azerbaijan will continue to seek redress for Armenia’s violations of Azerbaijan’s sovereign rights over its energy resources, including Armenia’s unlawful exploitation and impairment of renewable resources in the liberated territories," the Foreign Ministry concluded.

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