Sovereignty as a Shield? The ICC’s Role in Addressing War Crimes in Nagorno- Karabakh

Authors

• Grigori Sahakyan

Abstract

This Note argues that the International Criminal Court (ICC) should assert jurisdiction over atrocities from the 2023 Nagorno-Karabakh offensive and pursue prosecutions for war crimes and crimes against humanity. Proper International Humanitarian Law (IHL) classification places the situation in an international armed conflict—via direct interstate action and/or occupation—triggering the full Article 8 framework. Jurisdiction is grounded in Armenia’s ratification and retroactive Article 12(3) acceptance; admissibility is satisfied because Azerbaijan is unwilling to conduct genuine proceedings. While cooperation obstacles remain, targeted enforcement measures can strengthen execution of warrants. The bottom line is doctrinal, not diplomatic: sovereignty cannot shield atrocity crimes; the Rome Statute compels ICC engagement.

Recommended Citation

Grigori Sahakyan, Sovereignty as a Shield? The ICC’s Role in Addressing War Crimes in Nagorno- Karabakh, 49 UC Law SF Int'l. L.Rev. 151 (2026).
Available at: https://repository.uclawsf.edu/hastings_international_comparative_law_review/vol49/iss1/5