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The International Court of Justice (ICJ) on Wednesday has directed the Russian Federation to suspend the military operations commenced on February 24, 2022 in the territory of Ukraine and to ensure that no military takes any steps in furtherance of those military operations.
ICJ President, Judge Joan E Donoghue read out the Court's order stating that, the parties "shall refrain from an action which may aggravate or extend the dispute before the Court, or make it more difficult to resolve."
The order has been passed by the ICJ in the case relating to the current Ukraine-Russia situation wherein Ukrain had submitted that it urges the ICJ to provide conviction to the belief that "international law is not an empty promise”.
The Court has indicated the following measures:
Background
In response to the Russian attack on its soil, Ukraine had filed an application before the International Court of Justice to start proceedings against Russia over the allegations of Genocide under the convention on the Prevention and Punishment of the Crime of Genocide.
The Agent for Ukraine had addressed the Court saying, "It is a great honor and solemn responsibility to be here...We are here today in this building called the Peace Palace, but at home, my country faces a war of aggression."
"I'm standing in a room called the Great Hall of Justice but at home, my countrymen, see only the injustice of Russia's bombs, missiles, falling on our cities and neighborhoods," the agent added.
Agent for Ukraine had informed the Court that babies were being born there in underground tunnels, and hospitals were being shelved.
Elaborating on the difficulties being faced by the Ukraine and its citizens the Agent had stated that, "We can no longer provide state services to our citizens who reside in occupied territory, including the administrative services, education, medical services, for instance, Covid-19 vaccinations."
Referring to Russia's side of seats in the ICJ, the agent had said, "The fact that Russia seats are empty speaks loudly. They are not here, in this Court of law. They are in the battlefield waging aggressive war against my country. This is how Russia solves disputes, but Ukraine has another position."
It may be noted that Russia had refused to appear before the International Court of Justice stating that they do not intend to participate in the present proceedings. Whereas, the Court has regrated the non-appearance of the Russian Federation in the oral proceedings.
The Ukrainian agent had alleged that Russia's use of the Genocide Convention to mask its unlawful invasion could only be described as proceeding in bad faith and violation of the Convention. In addition to this, they had further submitted that Article I confirmed that genocide is a crime and that the provision included both an obligation not to commit genocide as well as a duty to act and prevent genocide.
They further alleged that the full history of Russia's mistreatment of Ukraine is not before the Court and that Russia has presented a narrative of falsities.
"We have come to this Court because of a grotesque lie and we seek protection from the devastating consequences of that lie. That lie is claims of genocide in Ukraine," the Agent from Ukraine had added.
He had further questioned the point of having these bodies, if they do not act at this moment of transparent aggression.
"The provisional measures that Ukraine has requested are achievable and grounded, anything less would fail to vindicate the value of the institution," the agent added.
Ukraine had requested for the following directions from the ICJ:
In addition to this, the Agent had further submitted that the preliminary relief they have requested would not be the final relief.
The ICJ has concluded the public hearing on the request for the indication of provisional measures submitted by Ukraine, the Court said that they will now begin its deliberations.
Cause Title: Ukraine vs Russian Federation before International Court of Justice
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