Does Russia Care About International Court of Justice (ICJ) & International Rules of Law on Ukrainian Conflict

  • The International Court of Justice has issued ruling   against Russian Federation under the Convention on the Prevention and Punishment of the Crime of Genocide
  • Order Requires Russin Federation for immediate suspension of military operations inside Ukraine
  • Vice-President Kirill Gevorgian from Russia and Judge Xue Hanqin from China voted against the resolution but Justice Dalveer Bhandari from India voted in Favour of Ukraine

In order to protect rights of Ukrainian people, The International Court of Justice has issued a significant ruling   under the Convention on the Prevention and Punishment of the Crime of Genocide against the Russian Federation. The International Court of Justice has ordered Russin Federation for immediate suspension of military operations inside Ukraine.  ICJ has further issued directives to Russian Federation for ensuring that there is no further aggravation of military operations including any action by regular military units or irregular armed units.

Ukraine filed an application starting proceedings against the Russian Federation in the Court’s Registry on February 26, 2022, at 9.30 p.m. Ukraine claimed in its application that the Russian Federation falsely claimed that acts of genocide had occurred in Ukraine’s Luhansk and Donetsk oblasts, recognised the so-called “Donetsk People’s Republic” and “Luhansk People’s Republic” on that basis, and then declared and implemented a special military operation against Ukraine with the express purpose of preventing and punishing falsely claimed acts of genocide.

Under the United Nations Charter, the International Court of Justice (ICJ) plays a critical role in the peaceful resolution of conflicts. The International Court of Justice has emphasised the importance of States acting in accordance with their commitments under international law, especially the laws of war. The International Court of Justice expressed grave concern about the extreme vulnerability of Ukraine’s civilian population, as well as the numerous civilian deaths and injuries as a result of the Kremlin’s actions, as well as the substantial material damage, including the destruction of buildings and infrastructure.

The International Court of Justice has also expressed grave concern about the Russian government’s use of force, emphasising the Court’s acute knowledge of the scope of the human tragedy unfolding in Ukraine, as well as the ongoing loss of life and human suffering. The Court also stated that it lacked any evidence to support Russia’s claims that Ukraine had committed genocide in the Donbas region.

Court also said that Ukraine and Russian Federation must refrain any conduct that will aggravate or prolong the dispute and make it more difficult to resolve.

 India has refrained from voting against Russia in United Nations, However in ICJ Justice Dalveer Bhandari from India voted against Russia. ICJ is an autonomous organisation. MEA spokesperson Arindam Bagchi said that vote by Mr Bhandari is in its individual capacity. Vice-President Kirill Gevorgian, who is from Russia and Judge Xue Hanqin from China voted against the resolution. Resolution was passed by vote of 13:2.

Ongoing conflict involves direct and proxy involvement of Super Powers. Situation on the Ground requires serious intervention and NATO and US have been denying direct intervention. Though the order is symbolic for upholding the rules of international laws, the implementation of order remains a serious concern. Will Russian abide by the Court Order to suspend military operations remains to be seen. These are also the testing times for proving the relevance of International Bodies like ICJ, especially when the powerful Nations are blatantly challenging the sovereignty of Democratic Nations.  

Bureau Galactik Views

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