The International Court of Justice and the Right of Return

November 17, 2023: A landmark provisional-measures order

Following the exodus, Armenia sought further provisional measures from the International Court of Justice.

On November 17, 2023, the Court ordered Azerbaijan to ensure that people who left Nagorno-Karabakh after September 19 and wished to return could do so safely, without obstruction, and promptly.

The Court also required Azerbaijan to ensure that remaining residents who wished to leave could do so safely and that those staying or returning would not face force or intimidation causing them to flee.

It additionally ordered protection and preservation of relevant identity, registration, and private-property records.

The order was significant because it directly addressed the rights of the displaced Armenian population.

It did not decide Nagorno-Karabakh's sovereignty or establish a complete practical mechanism for return.

The underlying proceedings concerned obligations under the Convention on the Elimination of All Forms of Racial Discrimination.

International Court of Justice API

Why the right of return matters

The right of return concerns more than permission to cross a border.

For displaced families, meaningful return requires credible personal security, freedom from discrimination, access to homes and property, freedom of religion, access to education, and protection of cultural identity.

It also raises questions about citizenship, administrative documentation, compensation, and legal remedies.

For return to be sustainable, residents must have reasonable confidence that they will not face persecution or renewed displacement.

A return process conducted without reliable safeguards could expose vulnerable populations to serious risks.

The property-rights problem

Displaced Armenians left behind houses, apartments, farmland, businesses, vehicles, and other possessions.

Some carried ownership documents, but others were unable to retrieve records during the emergency.

Property claims can be complicated by competing laws, changes in administrative authority, destruction of buildings, and historical disputes over ownership.

Potential remedies include restitution, compensation, access to records, and fair legal procedures.

A major challenge is determining how displaced people can assert rights to property located in territory now fully controlled by a government they do not trust.

Human Rights Watch reported in its 2025 World Report that Azerbaijan had not taken meaningful steps to secure safe return and restore the property rights of displaced Armenians.

Human Rights Watch