The International Court of Justice decided today to attend the request for an Order on Provisional Measures by Ukraine in the Ukraine vs The Russian Federation case on allegations of genocide under the 1944 Convention on the Prevention and Punishment of the Crime of Genocide.
The Order issued today by the International Court of Justice does not meet the measures requested by Ukraine in full but establishes that Russia must cease any military operations on the territory of this country.
The International Court of Justice says literally: “The Court considers that, with regard to the situation described above, the Russian Federation must, pending the final decision in the case, suspend the military operations that it commenced on 24 February 2022 in the territory of Ukraine. In addition, recalling the statement of the Permanent Representative of the Russian Federation to the United Nations that the “Donetsk People’s Republic” and the “Lugansk People’s Republic” had turned to the Russian Federation with a request to grant military support, the Court considers that the Russian Federation must also ensure that any military or irregular armed units which may be directed or supported by it, as well as any organizations and persons which may be subject to its control or direction, take no steps in furtherance of these military operations”.
This Order under the Articl 41 of the Statute of the International Court is binding for the parties engaged on the procedure and “thus create international legal obligations for any party to whom the provisional measures areadressed”.
Despite this, the Order of Provisional Measures “in no way prejudges the question of the jurisdiction of the Court to deal with the merits of the case or any questions relating to the admissibility of the Application or to the merits themselves.” This means that the Order issued today “leaves unaffected the right of the Governments of Ukraine and of the Russian Federation to submit arguments in respect of those questions.”
The decission issued today by the International Court has been adpopted by 13 magistrate votes in favor (President Donoghue; Judges Tomka, Abraham, Bennouna, Yusuf, Sebutinde, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth; and Judge ad hoc Daudet) against just two (Vice-President Gevorgian and Judge Xue) who said no.
Russia does not seem willing to comply with the Court Order
“The movement of Russian forces against Kiev and other Ukrainian cities is not connected with a desire to occupy that country. This is not our goal, as I pointed out openly in my statement on February 24″…”As for the combat tactics drafted by the Defence Ministry of Russia and the General Staff, this has fully justified itself. Our fellows – soldiers and officers – are displaying courage and heroism and are doing all they can to avoid civilian losses in Ukrainian cities.
This is what I would like to say for the first time: at the very start of the operation in Donbass, the Kiev authorities were offered opportunities to avoid hostilities, via different channels, to simply withdraw their troops from Donbass as an alternative to bloodshed. They did not want to do this. Well, this was their decision; now they will understand what is happening in reality, on the ground.
“The operation is being carried out successfully, in strict conformity with the approved plan,” said again Vladimir Putin (President of the Russian Federation) this evening at about at 6:00 pm.
Both Ukraine and Russia have ruricated and ratified the 1944 Convention on the Prevention and Punishment of the Crime of Genocide and should therefore comply with The Hague Court’s orders and judgements but this Court has no executive means to make the parties do it.
