War and Law – Proceedings Before the International Court of Justice

What is the International Court of Justice (ICJ)?

The International Court of Justice (ICJ), sometimes also referred to as the World Court, is one of the six principal organs of the United Nations. It settles disputes between states in accordance with international law and gives advisory opinions on international legal issues. 

What are the proceedings before the ICJ?

• The written procedure involves sending all required documents to the Court and the parties through the Registry.
• Hearing is for the Court to hear counsels and advocates, sometimes witnesses and experts.
• Deliberation, at which the Court decides the case by a majority vote of the judges present, the President shall have a casting vote in the event of an equality of votes.
• To safeguard the rights of the parties concerned, the Court might indicate provisional measures.
• The parties and the United Nations Security Council (UNSC) shall be informed of the provisional measures.
• Failure to take provisional measures shall result in the other party having to pay damages irrespective of the outcome of the main proceedings.
• The judgment is read out at a public hearing.

Ukraine’s Application to the ICJ

On Saturday, February 26, Ukraine filed an application instituting proceedings and requested for provisional measures (meaning they are asking for urgent action to avoid an irreversible tragedy) against the Russian Federation before the International Court of Justice. Ukraine asked the ICJ to exercise jurisdiction under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. Article IX of the Convention authorizes parties to invoke ICJ jurisdiction over disputes concerning the “interpretation, application or fulfillment” of the treaty’s obligation. Ukraine aims to disprove Putin’s theory that the Russian invasion only defends the Russian-speaking population in Ukraine from genocide. On Tuesday, March 1, the ICJ announced that it would hold a hearing on March 7 and 8.  

The ICJ had initially scheduled hearings for Monday and Tuesday, but the Russian Federation did not appear, and at the end of Monday, the ICJ announced that it accepted Ukraine’s application and would begin deliberations. Ukraine stated that it applied to establish that Russia has no lawful basis to act in and against Ukraine. The ICJ indicated that it is ready to issue an opinion on the lack of legal basis for Russia’s invasion. Now that submission has been made, questions remain as to how detailed the Court plan to be in its analysis, and how many judges will be in charge of the case. According to Article 56 of the ICJ Statute, the Court must provide reasons for its judgment. Although the ICJ orders provisional measures before final judgments, this practice of issuing reasoned decisions applies to both interim measures and final judgments. More information is yet to be given. One thing is sure—the procedure is in a new phase. 

Regardless of what steps the ICJ will take in the near future, the European Foundation of Human Rights (EFHR) strongly condemns Russia’s military invasion of Ukraine. Belarus’ involvement in the aggression against independent Ukraine also deserves condemnation. We urge both countries to act with respect to international law.  

Prepared by Marta Maciejewska within the framework of a traineeship programme of the EFHR

Translated by Karolina Glaubitt within the framework of a traineeship programme of the EFHR

Sources:

1. https://www.justsecurity.org/80597/qa-ukraine-icj-russia-absence-what-comes-next/
2. https://www.justsecurity.org/80455/qa-next-steps-in-ukraines-application-to-the-international-court-of-justice/?utm_source=rss&utm_medium=rss&utm_campaign=qa-next-steps-in-ukraines-application-to-the-international-court-of-justice
3. https://businessinsider.com.pl/wiadomosci/trybunal-karny-w-hadze-dla-putina-prawnicy-tlumacza/bzgttvd
4. https://www.gazetaprawna.pl/wiadomosci/swiat/artykuly/8373818,ukraina-mts-haga-rosja.html
5. https://www.icj-cij.org/en/case/182
6. https://www.icj-cij.org/en/statute
7. https://www.icj-cij.org/en/how-the-court-works
8. https://www.icj-cij.org/en/basis-of-jurisdiction
9. https://www.un.org/en/model-united-nations/international-court-justice