The ICJ to Begin Its Deliberation in the Case of Ukraine v. Russian Federation

The ICJ to Begin Its Deliberation in the Case of Ukraine v. Russian Federation
photo: Victor R. Ruiz on Flickr, 16-10-2016

08-03-2022

Myrthe Niemeijer

International Justice and Human Rights Researcher

Global Human Rights Defence 

On 7 March, the public hearings before the International Court of Justice (‘ICJ’) in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation) were concluded. The hearings entailed the presentation of oral arguments by Ukraine regarding the Request for the indication of provisional measures submitted by it. Although the Russian Federation (‘Russia’) was originally scheduled to present its oral arguments today, 8 March, it has since informed the Court that it would not participate in the oral proceedings. [1] As such, the public hearings are concluded and the Court has announced it will begin its deliberation. 

The case entails a dispute concerning the interpretation, application or fulfilment of the Convention on the Prevention and Punishment of the Crime of Genocide, to which both Ukraine and Russia are parties. Referring to Putin’s television address of 24 February, Ukraine argued Russia’s claims of genocide as the basis for the “special military operation”, were an “absurd lie” (Request for the indication of provisional measures submitted by Ukraine, para. 3). It further argued that, in any case, Russia’s assertion that genocide is occurring in Ukraine does not provide any lawful basis for a full-scale invasion.  

At the end of the hearing, Ukraine’s Co-Agent requested the Court 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. [2] As of today, the Court has not yet announced the date of the delivery of its decision on the provisional measures.

Notes:

[1] Russia sent a letter to the Court on Saturday 5 March 2022, stating that it “ha[d] decided not to participate in the oral proceedings due to open on 7 March 2022”.  

[2] 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 Submitted by Ukraine) [2022] ICJ 1

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) ICJ Press Release 2022/6 <https://www.icj-cij.org/public/files/case-related/182/182-20220301-PRE-01-00-EN.pdf> accessed 8 March 2022 


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) ICJ Press Release 2022/8 <https://www.icj-cij.org/public/files/case-related/182/182-20220307-PRE-01-00-EN.pdf> accessed 8 March 2022