2022/03/22

From application to interim measure – Ukraine vs Russia before the International Court of Justice

First steps in the case

Ukraine filed against Russia two days after the unlawful invasion of the country began. The letter requiring the withholding of the attack was filed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide. Ukraine also pointed out that Russian accusations of genocide in eastern Ukraine, which Putin used as a pretext to attack, are false and demanded that Russia be urgently ordered to stop its aggression.

For more on the genesis of the International Court of Justice proceedings between Ukraine and Russia, see: War and Law – Proceedings Before the International Court of Justice – EUROPEAN FOUNDATION OF HUMAN RIGHTS (efhr.eu).

A breakthrough decision by ICJ

The International Court of Justice (ICJ) is the judicial organ of the United Nations. It was established to settle disputes between countries, and its decisions are not subject to appeal.

On March 16 of this year, the ICJ asserted its jurisdiction over the Ukrainian-Russian case and declared Russia’s attack on Ukraine illegal. It also issued an interim measure ordering the aggressor to halt the invasion and ordered the cessation of all Russian military activities on the entire territory of Ukraine. Failure to comply with this ruling could result in Russia’s removal from the United Nations.

The ICJ pointed out that there is not enough evidence to support claims of genocide on the part of Ukraine. It simultaneously stressed that Russia had no right to intervene militarily, which cost the lives of many civilians and has led to a refugee crisis. The case was decided by a majority of 13 votes in favor. Yet, there were 2 votes against – from the representatives of Russia and China.

Is Russia the pariah on the international stage?

The measures taken, however, do not guarantee that Russia will withdraw from military action. It is not entirely clear for what specific reasons Russia decided to aggress against the independent Ukrainian state. Nevertheless, failure to comply with the interim measures imposed by the ICJ could result in Russia’s deepening isolation in the international arena.

The European Foundation of Human Rights strongly condemns Russia’s military invasion of Ukraine. Furthermore, Belarus’ involvement in the aggression against independent Ukraine also deserves condemnation. We constantly call upon both countries to abide by international law and hope that the ICJ settlement and international sanctions will lead to the abandonment of unlawful military action in Ukraine.

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

Translated by Marta Graban within the framework of a traineeship programme of the EFHR

Sources: