Azerbaijan has ceased cooperation with the International Committee of the Red Cross (ICRC). This was announced back in March 2023, when Baku's state media reported that Azerbaijan would not extend its agreement with the ICRC. According to Siranush Sahakyan, head of the "Center for International and Comparative Law," Azerbaijan does not want the humanitarian issues existing in its country to be voiced.
The departure of the ICRC from Azerbaijan raises serious concerns in Armenia. New mechanisms must be sought for visiting Armenian captives held in Azerbaijan. According to Sahakyan, such mechanisms exist, and Armenia needs to implement clear work on them. The human rights defender answered "Factinfo's" questions on the topic. "When diplomatic relations between two countries are poor or absent, a third country is involved in such humanitarian matters, taking on the function of visiting captives and transferring information about them. Our public organization had approached Switzerland with this issue. They expressed willingness to assume the role of such a delegate. It is simply necessary for the application to be officially submitted by the state," Sahakyan noted.
Here arises the problem of whether this approach will be accepted or rejected by Azerbaijan. Rejection would inevitably lead to a negative international reaction, as Armenia possesses sovereign rights that can be exercised either directly or through mediation. "If Azerbaijan does not give its consent, it would mean a violation of sovereign rights. There are other conflicts where similar mechanisms have already been applied, involving a neutral third country. It is possible that Azerbaijan might make the candidacy of that country a subject of discussion, aiming to ensure neutrality. But the rejection of a neutral country would be unacceptable from the international community's perspective. And even if such a development is foreseen, I believe it is necessary to apply, receive a rejection, and publicize that fact. It would be unacceptable for me if Armenia does not take such steps – does not try to find a neutral country. As for Azerbaijan's reaction, first steps must be taken, then the situation can be assessed," Sahakyan added.
The human rights defender emphasizes that only the state can address such an issue, as visiting its citizens detained in foreign countries is a right of the Republic of Armenia. International law provides mechanisms for cases where a state does not have a consular representative who can organize visits. In such cases, the state can delegate its authority to a neutral third country. Armenia must apply to such a neutral state, which, upon agreement, can carry out these visits on its behalf. Azerbaijan must be informed about this, and the latter cannot refuse without justification. The refusal must be accompanied by clear justifications, for example, regarding the issue of neutrality. If Azerbaijan does not provide a justification, it will be considered an infringement on the rights of both Armenia and the third country, hindering the realization of the captives' rights, which will lead to another human rights violation.
The "Center for International and Comparative Law" has sent an inquiry to the RA Ministry of Foreign Affairs to find out whether they are considering this option for maintaining contact with the captives. The MFA has given a positive response, but without details.