[Ukraine v Russia] If ICJ does not act now, this will not be last instance of aggression from Putin: Ukraine argues

The Ukraine government on Monday urged the International Court of Justice (ICJ) at The Hague, Netherlands to indicate provisional measures directing Russia to suspend its military actions in the region..The ICJ was called upon to urgently indicate provisional measures in light of the situation in Ukraine and the irreparable harm that may be caused to the country and its citizens in the wake of Russian President Vladimir Putin's invasion of his neighbouring country. During the hearing, Professor of International Law at Yale Law University Harold Hongju Koh appealed to the Bench,"What is the point of the UN bodies if they do not act strongly and decisively against transparent aggression? If the Court does not act now, this will not be the last instance of aggression from Putin."He further submitted,"The ICJ has undeniable authority to act. We ask you to immediately pass the provisional measures order that Ukraine so desperately needs. The whole world is looking at you.".The Court was hearing Ukraine's application seeking a declaration that the claims of genocide as alleged by Russia within Ukrainian oblasts (areas) of Luhansk and Donetsk are false. Russia has defended its military action on this ground. Ukraine has also sought reparations for damages caused by Russian military action..While the Court headed by President Joan E Donoghue heard arguments by counsel and representatives of Ukraine, Russia's absence at the hearing was conspicuous. Russian Ambassador to The Hague Alexander Shulgin indicated that his government did not intend to participate in the proceedings..US-based firm Covington & Burling LLP represented the Ukraine government. Partners David Zionts, Marney Cheek and Jonathan Gimblett made arguments today, along with Prof Koh..A summary of the arguments made on behalf of the Ukrainian government follows:- Russia would have the world believe that Ukraine launched a war against its own people in Donbass. These are false claims of genocide made by Russia;- Russia was desperate to manufacture a casus belli (cause for war). President Vladimir Putin recognised Donetsk People’s Republic and Luhansk People’s Republic, laid the groundwork for ongoing war;- Russia is invoking provisions of the Convention on the Prevention and Punishment of the Crime of Genocide as a legal shield to perpetuate atrocities in Ukraine;- Ukraine demands good faith implementation of the Genocide Convention. Russia has a duty not to act to prevent genocide, simply because no genocide exists;- Russian forces are targeting civilians in Ukraine; urgent situation requires the passing of provisional measures;- Mariupol continues to live without water, electricity and heating as the result of the constant shelling. Today it is Mariupol; tomorrow it could be Kharkiv or Kiev;.Your order is the essential spark that other international bodies will use to prevent further humanitarian suffering.Prof Harold Hongju Koh.- Russia's actions also have an environmental impact of Ukraine and neighbouring countries. A full scale military operation implies irreversible environmental harm;- There is no doubt that unless this Court acts now, irreparable prejudice will be caused to the Ukrainian people until the Court gives it final decision;- Neighbouring countries may be destabilised as a result of the humanitarian crisis in Ukraine. The harms already suffered by the Ukrainian people will recur and intensify until Russia has reached its goal, whatever that may be;- All three prerequisites for the indication of provisional measures are fulfilled;- Whether or not Russia chooses to appear in these proceedings, it should be obligated to follow the measures indicated by the Court;- The tragedy being witnessed in the cities of Ukraine was precisely what our modern international legal system was designed to prevent..After hearing lawyers and representatives who made arguments for Ukraine, the Court said that it would pass an order on the question of provisional measures expeditiously. The date of the verdict will be indicated to the parties soon.Time was initially allotted for Russia to make its counter submissions on Tuesday. However, Russia made it clear that it will take no part in the proceedings. Questions also arise whether Putin will take steps to implement the Court's order on provisional measures. In such a case, Ukraine may bring the matter before the Security Council, which is empowered to recommend or decide upon measures to be taken to give effect to the judgment..In its application before the ICJ, Ukraine has sought the following declarations:a. Adjudge and declare that contrary to what the Russian Federation claims, no acts of genocide, as defined by Article III of the Genocide Convention, have been committed in the Luhansk and Donetsk oblasts of Ukraine;b. Adjudge and declare that the Russian Federation cannot lawfully take any action under the Genocide Convention in or against Ukraine aimed at preventing or punishing an alleged genocide, on the basis of its false claims of genocide in the Luhansk and Donetsk oblasts of Ukraine;c. Adjudge and declare that the Russian Federation’s recognition of the independence of the so-called “Donetsk People’s Republic” and “Luhansk People’s Republic” on 22 February 2022 is based on a false claim of genocide and therefore has no basis in the Genocide Convention;d. Adjudge and declare that the “special military operation” declared and carried out by the Russian Federation on and after 24 February 2022 is based on a false claim of genocide and therefore has no basis in the Genocide Convention;e. Require that the Russian Federation provide assurances and guarantees of non-repetition that it will not take any unlawful measures in and against Ukraine, including the use of force, on the basis of its false claim of genocide.f. Order full reparation for all damage caused by the Russian Federation as a consequence of any actions taken on the basis of Russia’s false claim of genocide.As provisional measures, Ukraine has sought directions to be issued to Russian to immediately suspend all military operations.a. The Russian Federation shall immediately suspend the military operations commenced on 24 February 2022 that have as their stated purpose and objective the prevention and punishment of a claimed genocide in the Luhansk and Donetsk oblasts of Ukraine.b. The Russian Federation shall immediately 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, direction or influence, take no steps in furtherance of the military operations which have as their stated purpose and objective preventing or punishing Ukraine for committing genocide.c. The Russian Federation shall refrain from any action and shall provide assurances that no action is taken that may aggravate or extend the dispute that is the subject of this Application, or render this dispute more difficult to resolve.d. The Russian Federation shall provide a report to the Court on measures taken to implement the Court’s Order on Provisional Measures one week after such Order and then on a regular basis to be fixed by the Court..Ukraine moves International Court of Justice seeking reparations, direction to Russia to suspend military operations

[Ukraine v Russia] If ICJ does not act now, this will not be last instance of aggression from Putin: Ukraine argues

Aditya AK

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