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 3:54 PM IST

      Ukraine: Russian President Vladimir Putin in his address this week overtly denied Ukraine's right to exist.

    • 7 March 2022 3:54 PM IST

      Ukraine: The Ukraine Foreign Minister before the UN General Assembly had stated that Russia's accusations are absurd. Ukraine has never threatened or attacked anyone. Ukraine has never planned and does not plan any such actions.

    • 7 March 2022 3:49 PM IST

      Ukraine: Less than a month ago on Feb 16, 2022 the US State Department had denounced the accusation of genocide put forward by Russia as aimed at fabricating the text to launch a military invasion of Ukraine.

    • 7 March 2022 3:47 PM IST

      Ukraine: It is so evident that when one State accuses the other of breaching the Genocide Convention and the other initiates judicial proceedings against the agents of the former announcing that they have been making false allegations, the jurisdiction of the ICJ is established.

    • 7 March 2022 3:42 PM IST

      Ukraine: The behavior of the parties may also be taken into account specifically in the absence of diplomatic exchanges in order to infer whether a "dispute" exists.

    • 7 March 2022 3:38 PM IST

      Ukraine argues that at the stage of provisional measures what needs to be checked is the prima facie existence of a dispute relative to the application of the Convention. Relies on the ICJ judgement in Marshall Island v. UK.

    • 7 March 2022 3:34 PM IST

      Ukraine cites Article IX of the Genocide Convention to contend that the ICJ has jurisdiction to adjudicate the matter. Furthers states that both Russia and Ukraine are parties to the Convention and neither of them have any reservation which is currently in force.

    • 7 March 2022 3:31 PM IST

      Ukraine: The Court may indicate provisional measures if the provisions relied upon by the Applicant appear prima facie to afford a basis on which its jurisdiction could be founded. But need not satisfy itself in a definitive measure.

    • 7 March 2022 3:26 PM IST

      Agent of Ukraine: The right not to see its population terrorized in the name of the Genocide Convention. These rights claimed by Ukraine are according to the accepted formula at least plausible. We have moved well beyond the risk of "irreparable prejudice" to extreme urgency.

    • 7 March 2022 3:21 PM IST

      Ukraine: Some people will say that Feb 24, 2022 is a back day in the history of the Genocide Convention. Time is one thing we don't have. That is why Ukraine requests the Court to act swiftly indicating the provisional measures.

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