Former International Criminal Court (ICC) prosecutor Luis Moreno Ocampo clarified that Armenia cannot stop an ICC investigation into crimes committed by Azerbaijan against Armenians in Armenia and Artsakh (Nagorno-Karabakh) since May 10, 2021, even if it withdraws from the Rome Statute. He emphasized that Armenia’s withdrawal from the treaty does not erase jurisdiction over crimes already committed, and that the ICC retains authority over these cases for a specific period.
In a video on X, Ocampo explained that while Armenia has the right to withdraw from the treaty that established the ICC, the prosecutor’s jurisdiction remains intact for crimes committed from May 10, 2021, until one year after an official withdrawal. He noted that Armenia cannot stop investigations into crimes committed over the last three to four years in Armenia and Artsakh, reinforcing that the ICC’s authority extends from the moment Armenia granted jurisdiction.
“A quick comment from Paris. Some Armenians are asking me if Armenia could stop an investigation on crimes committed there or in Nagorno-Karabakh. The answer is no for the period since May 10, 2021, and until one year after Armenia decides to withdraw. So, Armenia has the right to withdraw from the international treaty that created the court, but the prosecutor still will have the right to open investigations into the crimes committed since the jurisdiction was provided, May 10, 2021, until one year after the withdrawal. So, Armenia can withdraw the treaty but cannot stop an investigation on Nagorno-Karabakh or in Armenia for the last three years, four years,” Ocampo stated.
Pashinyan’s Position on Withdrawing Complaints
Ocampo’s comments come amid growing concerns that Armenia may seek to withdraw legal complaints against Azerbaijan as part of ongoing peace negotiations. Armenian Prime Minister Nikol Pashinyan, speaking at the Atlantic Council in Washington, D.C. on February 4, 2025, signaled his willingness to abandon international legal actions against Azerbaijan, stating that Armenia is prepared to withdraw its complaints from international courts.
In his remarks, Pashinyan confirmed that one of the two unresolved points in the peace agreement is the cancellation of legal cases between Armenia and Azerbaijan. He stated that while Armenia is not opposed to this idea, their proposal includes not only withdrawing the complaints but also ensuring that these issues are not raised again in bilateral relations.
“The idea is to call back all these complaints. In general, we are not against this idea either, but our proposal is not only to call back these complaints, but also not to raise these issues in bilateral relations. Otherwise, a strange situation may arise when, for example, an issue is called back from an international institution, but one of the parties tries to put this issue on the table in bilateral relations and one of the parties could use this issue to provoke escalation. In that case, it will no longer be possible to transfer this issue to international institutions. We are not against this idea either. Our proposal is to end further discussions on conflicting issues and open a new era of bilateral relations, starting from a new and clean page,” Pashinyan stated.
Ocampo’s clarification reinforces that even if Armenia chooses to withdraw from the ICC, the court will retain its authority to investigate crimes committed during its jurisdictional period. His statement directly contradicts the notion that Armenia can unilaterally prevent international accountability for crimes committed in Armenia and Artsakh.
Armenia’s Ratification of the Rome Statute
In November 2023, Armenia ratified the Rome Statute, becoming the 124th State Party to the International Criminal Court. The Statute entered into force for Armenia on February 1, 2024. This move was aimed at enabling Armenia to pursue legal action against Azerbaijan for alleged aggression and war crimes, including incidents from the 2021″2022 invasion of the Republic of Armenia.
