ICJ DIRECTED RUSSIA TO IMMEDIATELY SUSPEND MILITARY OPERATIONS IN UKRAINE

The International Court of Justice (ICJ) passed a provisional measure directing the Russian Federation to stop its military operations in Ukraine. The Court further indicated both Russia and Ukraine should abstain from any action that may aggravate the dispute or make it more difficult to resolve.

The Court further indicated that any military which may be directed or supported by Russia, as well as any organizations which may be subject to its control, take no further steps. ICJ further emphasized that a State, preventing genocide, could act only within the limits of international law, and the acts taken by contracting parties to punish genocide must conform with the United Nations.

Although the ICJ’s rulings are binding, it has no direct means of enforcing them.

BACKGROUND

On 7 March, Ukraine sought a declaration that the claims of genocide as alleged by Russia within Ukrainian areas of Luhansk and Donetsk are false as Russia had defended its military action on this ground. Ukraine said there is no threat of genocide as stated by Russia, and the United Nations’ 1948 Genocide Convention, does not allow an invasion to prevent one.

The ICJ was called upon to urgently provide provisional measures in light of the situation in Ukraine as irreparable harm may be caused to the country and its citizens in the wake of Russian President Vladimir Putin's invasion.

Presiding Judge Joan Donoghue said that the court had enough information that the two countries do differ about the interpretation of the Genocide Convention. Actual jurisdiction would only be decided later in the examination stage. In an urgent situation, the court can order measures, even before it decides on whether it has jurisdiction in a case.