Ukraine Lodges Complaint Against the Russian Federation Before United Nation Court

28-02-2022

Manon Picard

International Justice and Human Rights Researcher, 

Global Human Rights Defence.

On the 26th of February 2022, Ukraine filed an application before the International Court of Justice (ICJ), the United Nation’s highest instance court, instituting proceedings against the Russian Federation. Ukraine’s complaint originates from Russia’s ongoing invasion of Ukraine which is in clear breach of international law. 

In its application before the ICJ, Ukraine declared that Russia’s decision to implement a “special military operation against Ukraine” on the basis that a genocide had occurred in the Luhansk and Donetsk region of Ukraine was unfounded and false. Ukraine asked the ICJ to “establish that Russia has no lawful basis to take action in and against Ukraine for the purpose of preventing and punishing any purported genocide”. Moreover, Ukraine accused Russia of itself “planning acts of genocide in Ukraine […] on members of the Ukrainian nationality”. 

In addition to Ukraine’s complaint against the Russian Federation, Ukraine requested the ICJ to indicate provisional measures “to prevent irreparable prejudice to the rights of Ukraine and its people and to avoid aggravating or extending the dispute between the parties”. The Court will give priority to the indication of provisional measures before it considers the overall complaint lodged by Ukraine. 

The Ukrainian President, Volodymyr Zelenskyy, issued on the 27th of February 2022 a statement on Twitter regarding Ukraine’s application before the ICJ. President Zelenskyy stated: 

“Russia must be held accountable for manipulating the notion of genocide to justify aggression. We request an urgent decision ordering Russia to cease military activity now and expect trials to start next week”.

Whilst awaiting a decision from the ICJ regarding Ukraine’s request for provisional measures and its overall complaint, the Russian Federation’s invasion of Ukraine is still underway with the loss of life increasing and international tensions rising. 

Sources and further reading:

Al-Jazeera. (2022, February 27). Ukraine Lodges Case Against Russia at UN’s Top Court. Al-Jazeera. Retrieved February 28, 2022, from https://www.aljazeera.com/news/2022/2/27/ukraine-lodges-case-against-russia-at-world-court

International Court of Justice. (2022, February 27). Press Release - Ukraine Institutes Proceedings Against the Russian Federation and Requests the Court to Indicate Provisional Measures. https://www.icj-cij.org/public/files/case-related/182/182-20220227-PRE-01-00-EN.pdf

International Court of Justice. (2022, February 27). Proceedings Instituted by Ukraine Against the Russian Federation on 26 February 2022 – Request for the Indication of Provisional Measures. https://www.icj-cij.org/public/files/case-related/182/182-20220227-WRI-01-00-EN.pdf

International Court of Justice. (2022, February 27). Proceedings Instituted by Ukraine Against the Russian Federation on 26 February 2022 – Application Instituting Proceedings. https://www.icj-cij.org/public/files/case-related/182/182-20220227-APP-01-00-EN.pdf