Ukraine v Russian Federation - Hearing at the International Court of Justice

By Sanzhar Aitkulov / GICJ

The International Court of Justice (ICJ) concluded on the 7th of March 2022, a public hearing 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. According to the Court’s press release 2022/8 on 7 March 2022, the Court’s decision on the Ukrainian request will be delivered at a public sitting, the date of which will be announced in due course.

Background

On the 27th of February, Ukraine filed an application against the Russian Federation, at the International Court of Justice (ICJ) in The Hague. The application was heard and considered by the bench in an expedited manner.

Hearing

Ukraine submitted the public hearing on the Request for the indication of provisional measures, in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide. There were no Russian representatives present at the hearing. In a letter sent on the 5thof March, the Russian Federation informed the Court that it “had decided not to participate in the oral proceedings due to open on 7 March 2022”. The delegation of Ukraine who was led by H.E. Mr Anton Korynevych, Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea, as Agent., began his statement by bringing attention to the 1.5 million displaced people, including children and women, currently hiding from Russian missiles by taking shelter in Kyiv’s subway tunnels Mr Korynevych said that the reason why Russian representatives were not attending the hearing, was because they were on the battlefield, waging an aggressive war against Ukraine [1]. He concluded his statement emphasizing that Ukraine is not responsible for committing genocide. On the contrary, Russia and its political leadership and military personnel commits crimes against humanity and war crimes on the territory of Ukraine. Following provisional measures were demanded by Ukraine:

The Russian Federation shall immediately suspend the military operations commenced on 24 February 2022;
The Russian Federation shall immediately 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, direction or influence, take no steps in furtherance of the military operations;
The Russian Federation shall refrain from any action and shall provide assurances that no action is taken that may aggravate or extend the dispute that is the subject of this Application;
The Russian Federation shall provide a report to the Court on measures taken to implement the Court’s Order on Provisional Measures one week after such order and then on a regular basis to be fixed by the Court [2].

Geneva International Centre for Justice (GICJ) is looking forward to the Court’s deliberation and hope that this step will be helpful to stop the military actions in Ukraine and to move towards peaceful negotiations. GICJ supports all efforts made by civil society to put an end to all violations of Human Rights. We further urge the international community to take all possible measures in order to end the war, protect the people in Ukraine and prevent further human suffering.

Russia, Ukraine, Russian Invasion, War in Ukraine, Stop the War, Geneva4Justice, GICJ, Geneva International Centre For Justice, Justice

[1] Press releaseNo. 2022/8. Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation) Conclusion of the public hearing on the Request for the indication of provisional measures submitted by Ukraine. https://www.icj-cij.org/public/files/case-related/182/182-20220307-ORA-01-00-BI.pdf

[2] Press releaseNo. 2022/8. Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation) Conclusion of the public hearing on the Request for the indication of provisional measures submitted by Ukraine. https://www.icj-cij.org/public/files/case-related/182/182-20220307-PRE-01-00-EN.pdf