International Court of Justice : Ukraine Requests Provisional Measures

International Court of Justice : Ukraine Requests Provisional Measures
Photo by United Nations Photo via flickr

07-03-2022

Grace ATALUI MOKANGO

International Justice and Human Rights Researcher

Global Human Rights Defence

On Saturday, 26 February, Ukraine filed a statement of claim against the Russian Federation with the principal judicial organ of the United Nations and accompanied by a request for the indication of provisional measures. The claim concerned “a dispute relating to the interpretation, application and fulfilment of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide”.

In a press release dated 27 February, the International Court of Justice stated that in its application, Ukraine contends that: “ The Russian Federation falsely claimed that acts of genocide have occurred in the Luhansk and Donetsk oblasts of Ukraine, and on that basis recognized the so-called ‘Donetsk People’s Republic’ and ‘Luhansk People’s Republic’, and then declared and implemented a ‘special military operation’ against Ukraine”. However, Ukraine categorically denied the Russian Federation's allegations and instead accused the Russian Federation in its application of “planning acts of genocide in Ukraine” and contends that Russia “is intentionally killing and inflicting serious injury on members of the Ukrainian nationality the actus reus of genocide under Article II of the Genocide Convention”.

With regard to Ukraine's request for provisional measures, it asks the Court to indicate them "in order to prevent irreparable prejudice to the rights of Ukraine its people and to avoid aggravating or extending the dispute between the parties under the Genocide Convention". 

Finally, in a press release dated 1 March 2022, the International Court of Justice set two dates: Monday 7 and Tuesday 8 March 2022, to hold the public hearings on the said provisional measures. The hearings will take place at the headquarters of the Court in The Hague in the Peace Palace. 







Sources and further reading : 

International Court of Justice, Ukraine institutes proceedings against the Russian Federation and requests the Court to indicate provisional measures, Press release, ( 27 Feb 2022), from : 

https://www.icj-cij.org/public/files/case-related/182/182-20220227-PRE-01-00-EN.pdf

International Court of Justice, Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), Press release, ( 01 March 2022), from : https://www.icj-cij.org/public/files/case-related/182/182-20220301-PRE-01-00-EN.pdf