Ukraine v. Russia : International Court Of Justice Concludes Hearing Ukraine's Application; Russia Refuses To Appear [LIVE UPDATES]

Aaratrika Bhaumik

7 March 2022 2:40 PM IST

  • Ukraine v. Russia : International Court Of Justice Concludes Hearing Ukraines Application; Russia Refuses To Appear [LIVE UPDATES]

    The International Court of Justice at Hague is hearing the application by Ukraine against Russia in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide.In its Application, Ukraine contends, inter alia, that :"...the Russian Federation has falsely claimed that acts of genocide have occurred in the Luhansk and Donetsk oblasts...

    The International Court of Justice at Hague is hearing the application by Ukraine against Russia in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide.

    In its Application, Ukraine contends, inter alia, that :

    "...the Russian Federation has falsely claimed that acts of genocide have occurred in the Luhansk and Donetsk oblasts of Ukraine, and on that basis recognized the so-called 'Donetsk People's Republic' and 'Luhansk People's Republic', and then declared and implemented a 'special military operation' against Ukraine"

    Ukraine "emphatically denies" that such genocide has occurred and states that it submitted the Application "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".

    In the Application, Ukraine also accuses the Russian Federation of "planning acts of genocide in Ukraine" and contends that Russia "is intentionally killing and inflicting serious injury on members of the Ukrainian nationality  the actus reus of genocide under Article II of the [Genocide] Convention".

    The Applicant seeks to found the Court's jurisdiction on Article 36, paragraph 1, of the Statute of the Court and on Article IX of the Genocide Convention, to which both States are parties.

    Together with the Application, Ukraine filed a Request for the indication of provisional measures against Russia.

    The hearing is live-streamed here.

    Live-Updates from the hearing are posted below :


    Live Updates

    • 7 March 2022 4:16 PM IST

      Ukraine: Your prima facie jurisdiction to hear this case is beyond doubt. Ukraine is asking you to exercise it by indicating the provisional measures that it has requested you to order. It is asking you to give substance to the conviction shared by a lot of those who stand here.

    • 7 March 2022 4:16 PM IST

      Ukraine: The dispute over the interpretation, application or the fulfillment of the Genocide Convention between Ukraine and Russia is not just about angry words. It is also forged in iron, in flames, in blood, in screams and tears.

    • 7 March 2022 4:13 PM IST

      Ukraine: Ukraine is resisting. Ukrainian men and women are suffering. Ukrainian men and women are dying. They could not have demonstrated their dispute with Russia more forcefully.

    • 7 March 2022 4:11 PM IST

      Ukraine: Unlike Russia, Ukraine considers as your Court did in the past in the Genocide case on the basis of the Genocide Convention, "it is clear that every State may only act within the limits permitted by international law".

    • 7 March 2022 4:09 PM IST

      Ukraine: It could have also filed an application under Art. IX of the Genocide Convention before this Court. Russia has strictly no right under the Convention to take military action that began on Feb 24, 2022. 

    • 7 March 2022 4:07 PM IST

      Ukraine: As for Russia, it could not have been unaware that its views were positively opposed by Ukraine. What Russia could do under Art. VIII of the Convention was to call upon the organs of the United Nations.

    • 7 March 2022 4:04 PM IST

      Ukraine cites ICJ judgement in Nicaragua v. US to argue that while each State makes its own assessment of the human rights situation in a third country, the use of force could not be the appropriate method to monitor or ensure the respect of these rights in the Convention.

    • 7 March 2022 4:01 PM IST

      Ukraine: Nothing in the Genocide Convention authorises a State to enter by force the territory of another State to prevent or punish genocide.

    • 7 March 2022 3:58 PM IST

      Ukraine agent quoting from the communique: Russia's claims are baseless and absurd. Russia's claims of genocide, its justifications for its lawless conduct are an insult to the Genocide Convention and to the work of the international community.

    • 7 March 2022 3:55 PM IST

      Ukraine agent refers to Feb 26, 2022 communique of Ukraine's Foreign Minister dismissing Russia's accusations of violation of the Genocide Convention as being baseless.

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