Açıqlama:

The present article analyses Congo v. Uganda case from the perspective of compensation from Armenia for the damage caused to Azerbaijan for international wrongful acts in Karabakh and surrounding regions. In particular, the article looks at the type of damage, amount of compensation, evidences of the parties, position of various international and regional courts, concept of ‘continuing violation’, and possible scenarios of claiming damage from Armenia. The article also discusses the application of ‘res judicata’ principle by ICJ, obligations of an occupying state to prevent human rights violations and humanitarian law, obligations of the parties as to submission of evidences, examples of setting a compensation amount per the violation, importance of environmental damage, etc. The article contains a number of conclusions, including non-exclusion of the responsibility of the state when natural persons are found guilty for the acts committed; responsibility of the state occupying the territories and keeping them under its effective control for the actions of the persons included in its armed forces in those territories; responsibility for the damage caused as a result of the actions of groups and individuals not subject to it; importance of addressing compensation issues in a peace agreement between the parties, etc