The ICJ to Deliver Its Order on Ukraine’s Request for the Indication of Provisional Measures Regarding Russia’s Use of Force

15-03-2022

Myrthe Niemeijer

International Justice and Human Rights Researcher

Global Human Rights Defence 

The International Court of Justice (‘the Court’ or ‘ICJ’) has announced the date for the issuance of its Order on the Request for the indication of provisional measures regarding the Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation) case. The Order will be delivered tomorrow, Wednesday 16 March 2022, at 4 p.m. 

The President of the Court, Judge Joan E. Donoghue will read out the Order during a public sitting. Due to COVID-19, the hearing will not be open for the general public, but it can be followed online through the ICJ’s website or UN Web TV. [1] 

The Order will relate to the arguments presented by Ukraine during the public hearings of 7 March. Since Russia has declined to further participate in the proceedings, the Court could derive Russia’s arguments from the document it submitted on 7 March, primarily regarding the jurisdictional basis for the case. [2] Whereas Ukraine argues Russia’s illegal actions are based on a false claim of genocide, Russia appears to submit that its use of force constitutes self-defence under Article 51 of the Charter. Accordingly, no issue would arise under the Genocide Convention, and Ukraine would have no justifiable basis for protection by provisional measures. Yet, given that Putin in his television address of 24 February did refer to alleged genocide by Ukraine in the Donbas region, the Court could still recognise the existence of a dispute under the Genocide Convention regarding false claims of genocide to start a war; at least for the issuance of provisional measures.  

 Notes:

[1] UN Web TV is available here: https://media.un.org/en/webtv 

[2] The submission by Russia is available here: https://www.icj-cij.org/public/files/case-related/182/182-20220307-OTH-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: The Court to deliver its Order on Wednesday 16 March 2022 at 4 p.m.) ICJ Press Release 2022/10 <https://www.icj-cij.org/public/files/case-related/182/182-20220314-PRE-01-00-EN.pdf> 

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 15 March 2022

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 15 March 2022 

Milanovic, M. (2022, March 11). Russia’s Submission to the ICJ in the Genocide Case; Russia’s Withdrawal from the Council of Europe. EJIL: Talk!. <https://www.ejiltalk.org/russias-submission-to-the-icj-in-the-genocide-case-russias-withdrawal-from-the-council-of-europe/>

Niemeijer, M. (2022, March 8). The ICJ to Begin Its Deliberation in the Case of Ukraine v. Russian Federation. GHRTV. <https://ghrtv.org/the-icj-to-begin-its-deliberation-in-the-case-of-ukraine-v-russian-federation>