ICJ Orders Russia to Immediately Cease Its Military Operations in Ukraine

GHRTV

Mar 16, 2022 - 20:42 Updated: Mar 17, 2022 - 07:42

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ICJ Orders Russia to Immediately Cease Its Military Operations in Ukraine

Piero Nigro via Unsplash, 05-03-2022

16-03-2022

Myrthe Niemeijer

International Justice and Human Rights Researcher

Global Human Rights Defence

Today, 16 March, the International Court of Justice (‘ICJ’ or ‘the Court’) has ordered the Russian Federation (‘Russia’) to immediately cease its military operations in Ukraine. Further, it ordered Russia to ensure that no other armed groups that it supports or that are under its direction or control engage in military operations. Both Russia and Ukraine were also ordered to refrain from activities that could ‘aggravate or extend the dispute’. [1]

This Order on Provisional Measures comes only 9 days after the conclusion of the public hearings on the Request for the indication of provisional measures submitted by Ukraine. [2] Here, Ukraine had argued that Russia’s false claims of genocide occurring in the Donbas region could not provide the basis for its unprovoked full-scale invasion of Ukraine. Moreover, it had requested the Court precisely to order Russia to “immediately suspend the military operations commenced on 24 February 2022” and “refrain from any action [...] that may aggravate or extend the dispute”, pending the full case judgement. [3]

Consistent with numerous arguments put forward by Ukraine, the Court established prima facie the existence of a dispute between the Parties and recognised that the case indeed related to the subject-matter of the Genocide Convention. As such, it found prima facie jurisdiction under the Genocide Convention to entertain the case. Considering the link between the rights claimed by Ukraine and the provisional measures requested, as well as the risk of ‘irreparable prejudice’ and urgency of the situation, the Court found it necessary to indicate the provisional measures.

It remains to be seen whether Russia will comply with the Order, especially since the Court declined to indicate one of the measures requested by Ukraine that Russia should provide reports on the implementation of the Order.

Notes:

[1] The indication of these provisional measures can be found at paragraph 86 of the Order, available here: https://www.icj-cij.org/public/files/case-related/182/182-20220316-ORD-01-00-EN.pdf

[2] More information on the dispute and the Request for the indication of provisional measures submitted by Ukraine can be found in my post from 8 March, available here: https://ghrtv.org/the-icj-to-begin-its-deliberation-in-the-case-of-ukraine-v-russian-federation

[3] The complete list of submissions by Ukraine can be found in para. 20 of its written request for the indication of provisional measures, available here: https://www.icj-cij.org/public/files/case-related/182/182-20220227-WRI-01-00-EN.pdf

Sources and further reading:

Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation) (Request for the Indication of Provisional Measures: Order) General List No 182 [2022] ICJ 2