Judicial fabrication, judicial opportunism, or both?

One year has passed since the International Court of Justice delivered its judgment in Azerbaijan v Armenia, in which it ruled on its jurisdiction to assess alleged violation of the 1965 UN Convention on Racial Discrimination in the armed conflict between those two States. Azerbaijan and Armenia became parties to CERD on 15 September 1996 and 23 July 1993, respectively, and the contended question was whether the Court had jurisdiction over acts and conduct that took place prior to the entry into force of CERD as between the Parties on 15 September 1996.

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