The International Court of Justice (ICJ) , the principal judicial organ of the UN, yesterday delivered its Order on the Request for the indication of provisional measures submitted by Ukraine in the case concerning;
Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide. (#Ukraine v. #Russia).
Ukriane filed in the Registry of the Court an Application instituting proceedings against Russian Federation concerning "a dispute .. relating to the interpretation, application and fullfillment of the 1948 "Genocide Convention" on 26.February 2022.
In the Introduction the #ICJ summarize the context in which the present case comes befor the Court:
On 24 February 2022, the President of the Russian Federation, Mr. Vladimir Putin, declared that he had decided to conduct a “special military operation” against Ukraine. Since then, there has been intense fighting on Ukrainian territory, which has claimed many lives, has caused extensive displacement and has resulted in widespread damage. The Court is acutely aware of the extent of the human tragedy that is taking place in Ukraine and is deeply concerned about the continuing loss of life and human suffering.
The Court is profoundly concerned about the use of force by the Russian Federation in Ukraine, which raises very serious issues of international law. The Court is mindful of the purposes and principles of the United Nations Charter and of its own responsibilities in the maintenance of international peace and security as well as in the peaceful settlement of disputes under the Charter and the Statute of the Court. It deems it necessary to emphasize that all States must act in conformity with their obligations under the United Nations Charter and other rules of international law, including international humanitarian law.
The ongoing conflict between the Parties has been addressed in the framework of several international institutions. The General Assembly of the United Nations adopted a resolution referring to many aspects of the conflict on 2 March 2022 (doc. A/RES/ES-11/1). The present case before the Court, however, is limited in scope, as Ukraine has instituted these proceedings only under the Genocide Convention.
The Government of the Russian Federation decided not to participate in the oral proceedings. They contends that the Court lacks jurisdiction to entertain the case. Further "requests the Court to refrain from indicating provisional measures and to remove the case from its list".
Ukraine and the Russian Federation are both parties to the Genocide Convention. Non-participation of a party in the proceedings at any stage of the case cannot, in any circumstances, affect the validity of the Courts decision.
The Court concludes that, prima facie, it has jurisdiction pursuant to Article IX of the Genocide Convention to entertain the case (48). Given the above conclusion, the Court considers that it cannot accede to the Russian Federation’s request that the case be removed from the General List for manifest lack of jurisdiction (49).
In its Order, which has binding effect:
THE COURT,
Indicates the following provisional measures:
(1) By thirteen votes to two,
The Russian Federation shall immediately suspend the military operations that it commenced on 24 February 2022 in the territory of Ukraine;
IN FAVOUR: President Donoghue; Judges Tomka, Abraham, Bennouna, Yusuf, Sebutinde,
Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth; Judge ad hoc Daudet;
AGAINST: Vice-President Gevorgian; Judge Xue;
(2) By thirteen votes to two,
The Russian Federation shall ensure that any military or irregular armed units which may be directed or supported by it, as well as any organizations and persons which may be subject to its control or direction, take no steps in furtherance of the military operations referred to in point (1) above;
IN FAVOUR: President Donoghue; Judges Tomka, Abraham, Bennouna, Yusuf, Sebutinde,
Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth; Judge ad hoc Daudet;
AGAINST: Vice-President Gevorgian; Judge Xue;
(3) Unanimously,
Both Parties shall refrain from any action which might aggravate or extend the dispute before
the Court or make it more difficult to resolve.
The Hague, this sixteenth day of March, two thousand and twenty-two
(Signed) Joan E. DONOGHUE,
President.
The full text of the Order: Order 16.march 2022
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