by Chimne Keitner, Zoe Tatarsky and Just Security, International Court of Justice (ICJ), International Courts, Russia, Russia-Ukraine War, Translation Available, Ukraine, ( .). 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As Turkey Backs Azerbaijans Recent Strikes on Armenian Towns, Where Are Russia, the EU, and the US? On this, all members of the Court appear to agree. The speed at which the Court scheduled the oral hearing and issued its order further attest to how seriously it is taking this matter. The Individual Expressions of Judges in the ICJ Provisional Measures Order in Ukraine v. Russia, By continuing, you accept the privacy policy. By 13 votes to two the Court ordered provisional orders that demand 'the Russian Federation shall immediately suspend military operations that it commenced on 24 February 2022 in the territory of Ukraine'. Verbatim record 2022/5 Public sitting held on Monday 7 March 2022, at 10 a.m., at the Peace Palace, President Donoghue presiding, in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Ukraine; MIL-OSI Translation: Public opinion has real weight in conflict prevention and that is a reason for hope - ICJ Registrar. Advancing Rights and Justice During a Pandemic: An Online Event Series, Introduction to Just Security Series on UN Yemen Report, Introducing Joint Symposium on ChathamHouses Proportionality in the Conduct of Hostilities Report, The Constitutional Challenge to Robert Muellers Appointment (Part I):Introduction, January 6th Intelligence Failure Timeline, Timeline: Rep. Jim Jordan, a Systematic Disinformation Campaign, and January 6, Mark Meadows Timeline: The Chief of Staff and Schemes to Overturn 2020 Election, The Official and Unofficial Timeline of Defense Department Actions on January 6, #StopTheSteal: Timeline of Social Media and Extremist Activities Leading to 1/6 Insurrection, Incitement Timeline: Year of Trumps Actions Leading to the Attack on the Capitol, Timeline of the Coronavirus Pandemic and U.S. Brian Finucane wondered this morning whether the inclusion of support represents an expansion of principles of state responsibility. Given the extensive discussions clearly going on within the U.S. government and between the United States and its allies on what types of support they can provide to Ukraine without crossing an invisible (political, not legal) line into provoking a wider response by Russia, this formulation could benefit from additional parsing while recognizing that questions of state responsibility for providing support to a party to an armed conflict can be nuanced and context-specific. On 26 February 2022, the Ukrainian Government lodged a case with the International Court of Justice (ICJ), regarding 'Allegations of Genocide under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v Russian Federation)' and requested that the Court order provisional measures, including an immediate . A UN Report Implicates the Chinese Government in Crimes Against Humanity. 5), states remain responsible for acts attributed to them that violate international law, including international humanitarian law, and any disputes relating to the legality of such acts must be resolved by peaceful means. Needless to say, the criteria of urgency and imminent risk of irreparable prejudice were easily satisfied in this case. It is worth noting that the figure of 1.5 million displaced civilians provided by Ukraine and referenced by the Court (para. Even more than that, the possible separate and dissenting opinions will undoubtedly provide for further insights or will they all be declarations? Accordingly, the analysis carried out in this chapter is twofold. In his view, the plausibility analysis requires the Court to found [an] alleged plausible right on one of the provisions of the Genocide Convention which the Russian Federation is said to have breached (para. hbbd``b`$s@3`9$XA\9qD@-Hb``$@ y Since the current proceedings were only for provisional measures, the ICJ did not decide definitively whether Ukraine has such a right under the Genocide Convention. Both Judge Gevorgian and Judge Xue appended declarations, as did three others: Judges Nolte, Bennouna and ad hoc Daudet. The opinion also emphasizes that a party's non-appearance "cannot by itself constitute an obstacle to the indication of provisional measures" (para. Corrarino: On this specific order, what do you think it means for international law to have a set of measures so strongly indicated in Ukraines favor but that everyone also recognizes will be difficult (if not impossible) to enforce? 68) is now likely closer to 3 million refugees and a projected total of up to 6.7 million internally displaced people, according to UNHCR. Response, Timeline: The Trump Administration and the U.S. My immediate reaction to the decision was that it is indeed a victory for Ukraine, but that the strategy of isolating Russia also has potential down-sides if Russia decides that it does not want, or need, to be brought back into the fold.. The Court also omitted the portion of the order that would have required Russia to ensure that any organizations and persons subject to its influence take no steps in furtherance of the operations. A/RES/ES-11/1). THE HAGUE, 27 February 2022. Despite this shortcoming in the Courts legal analysis, Judge Bennouna voted in favor of indicating provisional measures because he felt compelled by this tragic situation, in which terrible suffering is being inflicted on the Ukrainian people, to join the call by the World Court to bring an end to the war (para. Russia argued that the ICJ does not have jurisdiction over the case because the only basis for jurisdiction is the Genocide Convention which, in Russias view, does not apply to the facts presented here. When, Where and For What Mar-a-Lago Crimes Should Garland Indict Trump? The power to indicate provisional measures is subject to certain conditions. The strength of the Courts rationale finding a link between the requested measures and the asserted rights depends largely on the timeframe at issue in the litigation (i.e., the inception of hostilities or their continuation), and on taking Russias pretextual allegations of genocide sufficiently seriously to preserve the hook for ICJ jurisdiction. A declaration can be either a concurrence or a dissent and that is what makes declarations a particularly interesting tool for judges to use in the case at hand. Kyra Wigard is a PhD researcher at the Centre for Legal Theory and Empirical Jurisprudence at KU Leuven. Germany instituted proceedings on 29 April 2022 - a . Global Human Rights Defence. This is so whether or not the dispute also touches other treaties or international legal obligations. International Court of Justice 2017-2022 All rights reserved. For more, our Managing Editor Megan Corrarino turned to Chimne Keitner, Alfred & Hanna Fromm Professor of International Law at UC Hastings College of the Law in San Francisco and former Counselor on International Law at the U.S. Department of State, with additional assistance provided by UC Hastings law student Zoe Tatarsky. The ICJ's Order of 16 March 2022 in Ukraine v Russia demonstrates the potential force of provisional measures: the Court can even order measures that are beyond the scope of what it may decide on the meritsas long as some form of 'connection' between the measures sought and the rights claimed by the applicant state can be established . 5. Vice President Gevorgian disagreed with the jurisdictional analysis. At this juncture, it seems unlikely that Russia would participate in a merits phase, although it is noteworthy that Russias written communication appeared to blame its non-appearance on the timing of the oral hearing rather than a principled objection to the Courts authority. 13). Like Vice President Gevorgian, she would not read the Genocide Convention so capaciously. Although these hearings are formally only about the request for provisional measures, Ukraine laid out the bulk of its wider claims. 4. "The purpose of provisional measures is to preserve the rights of parties pending judicial resolution of a . Keitner: As Mike Becker noted, the measures ordered do not contain the limiting language that Ukraine had proposed in its request. 44). Moreover, Russia indicated in its written communication that the basis for its use of force was not the Genocide Convention (which, in its view, cannot provide a legal basis for a military operation) (id. Comment * document.getElementById("comment").setAttribute( "id", "a53c47e0322fc172bcb81c82016fda0e" );document.getElementById("g3596fc342").setAttribute( "id", "comment" ); We welcome contributions on all topics relating to international law and international legal thought. She served as Counselor on International Law at the U.S. Department of State 2016-2017.
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