[Agence France Presse] ICC - Continued debate in final stages of Aliyev ICC case

The case of Ilham Aliyev at the ICC reached its final stages on May 5th 2025 with prosecution and defense now entering the final stage of rebuttals before deliberation by judges. In contention are whether or not the crimes committed in Nagorno-Karabakh can be considered as war crimes, and if Aliyev is directly responsible for said crimes or not. 

With the prosecution presenting evidence in regard to the crimes against humanity committed in Nagorno-Karabakh during the 2022 war, the defense brought into question the scale and reliability of the evidence. First, they claimed the amount of victims was insufficient to be considered a war crime or a crime against humanity, and was the result of soldiers acting beyond their mandate. These soldiers have since been arrested. 

The defense then attacked the argument that the blockade by alleged ‘climate activists’ of the main entry road into Nagorno-Karabakh was sufficient evidence to find Aliyev guilty. They brought to the court the facts that the ICJ had not found enough proof of Azeri involvement, and that it had not found the nation guilty in the case. 

Another point of contention was whether or not there was a chain of command from President Aliyev directly to the army units accused of crimes against humanity. The prosecution referred to statements by the President regarding receiving and giving orders daily to prove that Aliyev is indeed in charge. The defense regarded this as being insufficient evidence and demanded the prosecution provide more evidence, as it is their task following the doctrine of presumption of innocence to show guilt. 

The Court will also assess if Aliyev, if not found guilty of ordering the commission of crimes against humanity, is guilty of not doing enough to prevent them. The prosecution deems this met, since Aliyev did not follow ICJ orders to allow the unimpeded movement of people fleeing the conflict in Artsakh.

When asked for commentary, the defence commented that it was certain “the court would uphold the values of international law”. Furthermore, they are of the opinion the proof of intent is too high and has not been adequately shown by the prosecution. Equally confident, the prosecution said it was “standing strong and certain Aliyev will be indicted”. Commenting on the previous proceedings, the prosecution did find the defence to “use a lot of objections”.

The ICC is expected to come to a verdict later today in the case of Ilham Aliyev.